New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-10-10
SUPREME COURT-CHAMBERs-O 9.-Before Mr. JUST
CIERKE
THE BUIsLAY FAMILY IN COURT


and eyced him The plaintiff issued an attachment against
Mr. Buisay which discharged giving security in court
yesterday f. Deafed Smith for plaintiff Rober n Waite
WI Before Justice SUTHERLAND.
DECISIONS.
Eunce Terhune agt Horace j. Dougherty-Casc settled
G. w Thomas a. George NJ ChapmanMoton for leave TO
renew granted but without costs Louisa Kelly agt Oba
dah W. $ Randoph-Case settled William Smith ct al agt
The Silk Manufacturing Co. ct a-Moton denied with $40
CIncurr-BEroRE Mr.. JUSTICE DANIELS
SUIT TO RECOVER FOR INJURIES SUSTAINED BIZ ALLEdD
NEGLIGENCE.
Hugh ORelly, jrq an infant, agt H. w Sage ct al :.
20 recover damages for injuries sustained by him on account OF
the alleged negligence Of defendants
,uhe Fr oS between TSty kt and Thirty
the plaintiff resided in the immediate neighbOrhood that while
stopped to play game called cat" with number Of other
boys front pile Of lumber that stood the sidewalk
front Of the defendants yard that aer PLAYING awhile the
"cai stick the boys struck in playing the game was
knocked under the pile Of lumber that plaintiff endeyoed 70
get il when the lumber fell crushing OF his legs and
otherwise seriously nurng him. Counsel for the plaintiff
tended that 1 the S was place. 1ss sPGs tie ,s side
was esess and Reggan piled 9 and IN &
months account Of these injuries and that he will feel tbs
effects of them during his lifetime.
his own careesnes that high wind was blowing at the time
Of the accident and probably contributed to cause t.
Seven witnesses were examined for the plaintiff and four ior
Thomas McKenna testified that he was Waterman on the
premises he warned plaintiff short time before the accident
Of the danger be incurred and ordered him away but plaintiff
paid no attention 10 him.
Other testimony showed that high wind prevailed at the
time and that this pile Of lumber about twelve hight
and that four feet of the upper portion Of exposed the
wind from the river beng that hight above the fence and no
houses between il and the river
Counsel in summing up occupied but short time combining
themselves 20 the relative questions Of careeness and neg
gence as between plaintiff and defendants.
The Jury after being out about half hour brought In
dict for plaintiff for si20 John H. White for plaintiff; John
Sedgwick for defendants.
SPECIAL TERN Before Mr. Justice DANIELS
IMPORTANT QUESTION PoR STOCKHOLDERS IN MINING AND
MANUFACTURING CoMPANIES-IIABlLI1Y OF sIoCK-
HOLDERS FOR DEBTS or COMPANY
Leonard D. Lnsey ct al agt Frederick Smonds et slIh
Genet for plaintiffs and Sfr Gilbert
The hold S9 900 worth Of notes made by tie Euro
pean Petroleum Company in favor of Mr. Laens The do
PENDANTS owned stock In the company TO the amount OF S
The company has not paid The notes ana ts aSon
tenth section Of the general manufacturing law and ans
ask Judgment for 5000 which the par value Of defendants
stock The complaint the making and delivering OF the
notes their transfer plaintiffs and that al Of the stock had
been paid in IL also ayerred the OF an
ton against the company Sr ,n aeP D1 aa not se
The defendants demured 10 the complaint on the ground tnat
Il did not facts sufficient to constitute cause OF aet9n
The points raised by defendants counsel were nuMeIo1s An
following are the principal ones; -. +, uo..;o,
cannot make note except for the payment Of debt actually
Contracted In the necessary its corporate powers
aud that the complaint did not state what was he
Second That as this action was against stockholders TO
pei them pay the debts Of others II was highly penal In s
character and that the statute must be strictly construed 10
strengthen THIS point several authorities IRON tns
Third That before an action could be commenced against
sockhoder judgment must be obtained and an execution
issued and returned unsatsfed against the company
10 all these counts Mr. Genet replied fully showing tnas
The points raised in this case are Of great interest to ell
poekhoers and the decision Court which reserved
will be regarded as Of great interest
COURT or COMMON PLEAS-TRiAL TERN-PART IL
Before Judge DAILY.