New-York tribune., 1867-02-21
CITIL COURTS.


TIE L. s. SANITARY COMMISsION-ALLEGED USE OF A
GOOD SAME TO EuRIllEgR BASE I1.l PgErosEs.
A motion was made by BlatChfOrd, Seward & Girls
wold IN behalf of the palnii ana otncrs OF our most &
United States Sanitary Commission for an injunction re-
ston. sanitorv 5 Commission and u s. Sanitary Com
mission. printed on envelopes and circulating them III
The plaintiffs allege that they constituted chart
table association, by order OF the late President LIN
coln ON the 9ih OF ne lsOl ana Iro lt tline u tle
present they have been engaged In attending 70 te men
ta moral aud physical welfare OF the forces OF the Unted
states, 80 long they engaged III actual warfare
and since the putting down of the reDeOh thcy nave
been acting in behalf OF wounded soldiers ana WIDOWS
aud orphans Of deceased soldiers, and collecting bounty
this regard gratuously rendered. and that In the
Government over $OOOOOOO, and distributed the same
among 5000 claimants That since its organization, the
Commission has sent through the POstOnice large mum
befs OF envelopes Wgh were printer WIN tio t5
United States sanitary Commission aud have distributed
the with circulars nclosed. calling the attention OF
the soldiers and hcir families to the capacity in which
the Commission acting and TO the manner In wnicn
would prove benefit 10 such soldiers ana are Sli
using such name printed on envelopes; ,. -. ~ 20
The defendants are coparners In business az 20 %
Nas,au-st York, and il il claimed that they have
been using for n long time envelopes having printed
thereon in exact imitation OF plnis envelopes o
Sanitary Commission and United states Sanitary Com
mission, and have used the same Tor the purpose OF us
t1butiug offensive, gar ana obscene circulars ~,
The plaintiffs claim that such OF their name s ie-
GAL aud contrary 10 tho law in relation to trade marks
that tends gure them I'm their business and bring
them personally into disrcpuc; to prevent soldiers ana
their families from ayang themselves Of the gratutous
services Of the Commission Ia collecting money aue %
The judge after examining the papers granted the APP
plcation - ~ ,,,. ,,.
TN LAW OF CHATTEL MORTGAGES
Eleu ~ Kennedy sgt John b. simpson ct al
The plaintiff il appears from the evidence leased,
,nok a. secnPy for her rent chatte mortgage on Mrs
od sons furniture. In the early part of 1865, Mrs Hodg
son par ' NJ @ t furniture With the eichdant which she
obtained sis The articles SO pawned are claimed py the
plaintiff 10 have been worth $3.50 subsequently MIS-
odgson sailed for Europe but before going went to the
defendants. informed them mat heT pa%htckels naG
been ost stolen ana notified them not To surrender
the goods Several persons presented te pawhckets,
plaintiff demanded the goods under her chattel mortgage
The defendants refused To deliver them, and suit OF
rcpeyn obtained The defendants at once gave Dond
FOR the value aud the suit went on
After all the plaintiffs evidence in the defendant
moved for suit the ground that no identification
of the goods had been made that did not appear that
anything due the chatel mortgage and that no
proved ON this last point argued that to sustain
action ~ Tepeyin the plaintiff must show an immediate
mortgage was for money payable on demand, and eN-
prrssy stipulated that the possession Of the goods should
remain IN the mOrtgagOr until default made. 10
demand having been made there no default and the
mortgage got right of possession but only an In
ON the first point the court held that there ey
dcucc enough 10 20 the jury whether the property IN
premises and with regard to the latter point ruled that
The pcdng of the goods In sefa defaut rendering
The went The jury the first point, who found
for the plaintiff verdict of Sl67 ,.,.
Before ChefJusce ROBERTSON.
TAYLOR Sgt Keiehuu.
I'm this case tried before. and In which the PLAINTIFF
claimed damages for the failure Of Ketchum Son Co,
TO carry gold purchased his account the jury rendered
a verdict for plaintiff of SI5.9Ol g.
Mr.. Perrcpont aud Mr. stanley for plaintiff
DIR. Bangs for defendant
SUPREME COURT-SPEcIAL TERM-Feb. 2e.-BefOre Mr..
Justice SUTHERLAND
IMPORTANT WILL CASE.
Crosby, Executors, agt Chas. A. Kirkland ct al
Mr. j. H. Reynolds of Albany concluded the argu-
for the tcsaOrs heirs In this which has been
trial JOr three days past.
This ease presents many new and important questions
large property consisting of real estate in New-York
worth about $500 and personal H. pEoPeEty in Con
will giving his whole estate TO trustees TO pay thencome
to his daughter during her life and at her death to 60 to
her children II any, In default Of her having children
10 six religious and charitable societies named The
daughter died two years after her father unmarried
Of this state, and the questions presented are whether
religious benevolent institution What the rights
OF such societies Incorporated under the laws OF New
York In such dcyiSes aud what Is the effect Of the mta
ons the OF and 1860 And the further ques
on whether such of the real estate as the societies can
the maternal relations of the daughteri
The societies are represunted by exoJudge Edmo1ds
l.. Edwards The executors represented by Daniel
Lord esq aud Mr. Jones' the heirs OF the daughter by
Rodgers ana sandfod ana inc heirs OF the tesator
of New-York
The case IL still on.
CIRCUIT-BefOre Justice SMITH.
SUIT TO RECOVER FOR A PISTOL WOUND.
Patrick Gibrde agt John Hughes
In this case previously reported, and In which
plaintiff who keeps II bar-ro0m in Avenue A, brought
suit against defendant TO $4,000 for injuries
which he alleged he received by being shot by pistol in
the hands Of the defendant the jury failed 10 and
discharged
CmaSSERs-Before Mr. Justice LEONARD
DECISIONS.
G.. W. Burnham ct al. agt r. T. Mount, jr.-The
costs and allowance must be granted.
Francis Boucher ct al agt. Fredk. j. de ST. Ours-Mo
tOn granted with $40 costs.
UNITED STATES CIRCUIT COURT-FEB. 20.-Betoro
Judge SMALLEl.