New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-15


advice he placed the gold in the n IachssOn Nelson
Co agents Of Rowland Aspuwa took receipt for
cred BY his he capain orders the captain obliged
aud When leaving left the Fod in the bands
Of LacTsson Nelson Coz that defendants obtained fron
the latter firm way In despite Of this cement
and when obtained appropriated by defendants TO sat
sfy their alleged chin Oh Howard & Son.
Mr. iarocq then said that the defense had first put ~ m
OF general denial but eerwad becoming afraid oil
making such had and obtained leave 10 put IN
supplementary answer defense Mr. LsrOcque then
oonended that the filing OF the supplementary answer was
waiver Of the previous defense and that the supplemental an
Of shippar bs pain were dissolved and by Of
that dissolution Nj Jsmcs ntrstod with winding up 10
nfrs Nj shaber another Of the firm became dlsspat.
and after dissolution borrowed Of money IRON h
Joseph HAYES and for the purpose OF securing these sums OF
money he executed an assignment 70 Mr. IaweS OF hS cais
defendants o. member Of the firm DocndantSf found this
and got this paper Transferred 20 agonto theirs IN New
lork for consideration Of g. Ii was then transferred III
Laooque then commended that after this dissolution no
member o. the firm could transfer INC Ilgh OF tee urn
right wind up the affairs Of the COMPANY aud in any event
ShabeT could not transfer the rights or CLAIMS OF tae
or his private individual benefit and Therefore eonenaed ta
the supplementary contained no valid defense aud A
The transactions o. defendants with Howard Son. Outside Oh
tiff claimed to recover the highest value Of Che god from the
Mt Cram for the defense said thai this ged ives sem V
plaintiffs agents OF Howard SOD 10 Dc fceeivV " nov
oId Son that Mr. Garrison orc Of tAe deienoaDt espSee
steamship lines from the Ishmgs that foger
Hall the agents Of Howard z son aGoepteo teis % cS
and That THIS 5a Is DrouS's y P anu o. s owner
this rOd when fact HOWCTQ oJh vert Nit
Mr. Larocquo oontendod tnAt us 0eianae cUsu nos ~
allowed il being altogether different rom either Oh tlanfFIs
OF the decndans and that tho case must be- or Should DC e
The dSanse Taced Mr. Garrison on the stand 70 testify In
rcre objected Argument between counsel then eieued ~
relation this point The hour adjournment lsYihS Hilog
the Court stated that would hold tho question Of the adns
by Mr. Gorsons testimony under adyisemen and |osla
u'''O' 'D' Before H. Justice JosEpn f. BARSAED
Leonard Appcby agt The Astor Fire Insurance Company
This has been red ara reported bcioT ana s ~ a.
Femens Insurance Company which was lored iaa
month Tho defense Of the insurance company la o tppr
and vanishing chairs thus causing extra sk o. WHICH
they were not advised The case is sun on
THE MILITARY ORGANIZATION or THE srAIE-iah Dt~
CLsIoS OF THE CoNMASDER-IS-CHI FISAL.
The People OK rel Catnn 0gt. Fsrrar -. -.
To This reporttd YESTERDAY columns the court ms
rendered decision in the defendant holding that the
decision Of the Governor as Commander m Chie' Is NM @
that lae courts IS, oa 9I Ie RS, ss Sl Sesdant
'' Before Mr.. Justice surngLvSD
AN ALLEGED DEFAULT IN RAILROAD TREAsUEERs Ac-
COUNTS.
The Washington Alexandra and Georgetown Railroad Go
AIT. Leonard Huyck.
This was motion to discharge order Of arrest obtained
complaint and adayits setting ou that the defendant as
OF the road and bad appropriated some to his own use
The adayits on which TIE notion to discharge made
admits the receipt by the defendant who the President OF
the Merchants National Bank of Washington but claims that
far from appopatng any of the funds he has expended
behalf Of the Company and under the direction OF The paa
an some $4,000 beng nearly soUO0 more ,nah ne ~
seven tenhs Of the The Court the papers and
Mr. John Burrn for plaintiff Crosby for defendant
DECISIONS.
Henrietta Boe act John H. Bodies g, sl-Repo confirmed
and order granted for payment OF money
james Crowley at Jane ID. Crovey-RePo OF referee Goa
dmed and judgment of divorce granted custody oil edoh
The People OK rel Arthur Atmutz ag The Hudson River
Railroad Company; Liberius Van BoPpeh agl "iiam L.
Ellen < Young agt Hugh Young-ReP9Tt confirmed and
Judgment OF separation ordered from bed and board
In RI flV Auki a
Amanda l. Worral agt Norris Woriat-hepo't o. referee
Lydia Plendergas ex agt John Gayey ct aL-kepoFt con
Jobn Russell set samuel G. Gsabe-Motion granted with
0 costs 10 s5dc event OF action oTder 70 be Seiuea on
q Thaver act Altcr. Ca-k-Moor denied without
John Russell samuel c. GsaherMo'ion granted WIta
$40 costs to sbido Of action.
Same agt SauoMoton granted on payment o. 80 costs
GENERAL pG8N-lcorc BAuNNp T. j. CLARHL and
SUTELEtAND :. T.
Aolroyd ert AcUoyd-Appcn dismissed with costs
Sayrc oct nea dismissed with costs Opinion by
j Oaaey ae.. sri1-Oraer appealed from reversed and
order Of arrest yacatcd h costs Opinion By sutherland D.
Sebey act Nichols azaton Affirmed Oplon By smAef
Cartwright AZ, Greene Ct a. Plaintiffs entitled tOiudgncnt
with costs amendment made agreed b. sreoula
ton. Opinion By sutherland j. ..
nv eist s IA ssSisS - j. aTnal dlsstStnr
Wate!5gr5 g ~ ast The hcw OK ana Harlem halNhy
Co ct alQrdg reyersed with costs Opinion by sutherland
The FeoPe agt Morine-Jg,dtgncnt Of The Court beio"
Manhattan Gas Light Co. agt The Comussoner OF Taxes
Order affirmed with costs. Opaion bs Barnard
Nash agt Wcburue 81 al-Judgmert nhlmtd wiz co'N
Miidle.or at Bifdsc7e Orders affirmed Barnard, j.
Before Justices BAExuo ClrHKr and suraIETlAy9
The People agt The Board OF Observation-Disclosures affirmed
with costs Opinion by Judge CleIkc.
Alton act Borrm-Dcfcudaut entitled 10 Judgment on TIE
verdict with costs Opinion by Judge Clerke ~
Brush ACT. Lee-OTdes affirmed with costs. Opinion by
Judge Cicrkc sutherland dissenting.
Sti.wel ag Meis-Jgdgment affirmed with costs Opin'
ion by Judges Clclkc and Sutherland. .
In re Thomas ~ North. att0rneyOrder affirmed with
costs Opinion by Judge Cee. Judge Barnard dissenting
Before Judges BARNARD, DAVIS and SUTHERLAND
Tyler agt GoudPantG entitled to Judgment with costs
Opinion by Judge Sutherland
Mckay agt 6udgctt-Judment reserved md trnl or
dered defendant Mcors and affirmed to defendant
Midget 60. ,,
Bright ag Juds0n}udment reserved and new tTial or
dered Costs TO abide the event OF the action Opinion by
Judges Muln and Clerke.
Curran AIT Warren Chemical and Manufacturing Company.
Of action Opinion by Judge Muln Judge CleTke dissenting
SPECIAL TEEM-Before Mr.. Justice POTTER.
AN ALLEGED NUISANCE
Charlotte Hirsch agt. Thomas 5 OliIe.
This case published in yesterdays TRIBUNE was resumed
YESTERDAY motion made by counsel for defendant % dismiss
The complaint account Of It's yoity was denied and con
business The evidence quite contradictory some Of the
witnesses esying that the stencil heat and noise nom de-
PENDANTS bakery ntolerae and Others that these things
were not percepuble. Case still on.
DECISIONS
Before Justice POTTER
Babc0ck agt RelkOn-Judgment ior plillth alsoIute
Dwight ag The Northern Indiana Railroad Company-E1
ceptons TO report Of referee dissolved
SUPERIOR CoURT-TRuL TEnl-Nov a. Before jus.
lice JONES.
A ISLANDER CASE-CURiOCS PLEADING.
Timothy Mcdonald agt james Kelly
The defendant and plaintiff IN this case occupied