New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-21
Law INTELLIGENCE.
TIE CIVIL COURTS.

In the United States Circuit Court yesterday,
Judge Nelson rendered decision in the OF Philip T.
Desyernne and Anthony Dosvernne ag Tho bark Ma
tiida A. Lewis This was libel filed TO recover an ad-
vance made v beauts upon bills OF ading FOR "A coon,
of fowls shipped at this port on me bark Matilda a.
Lewis for Havana ON me nor Oeoler lsoS Inc main
trayention Of order Of The Secretary OF War; Issued
the 18th OF May, 1868, prohibiting tie expectation of live
stock from this country pursuance OF this order tho
fowls seized by the Collector OF this port and thus
prevented from reaching their destination Judge Nelson
holds that fowls were not embraced within the scope 81
the order and that the seizure unanthorzod and be
therefore orders the reversal Of the decree below, and
that decree be entered for hbeants.
A. ". Heye ct al. agt. the ship Cordillera.Thc libel
two tiercos Of lard Oceasoned by falling from the sings
while being osted by the tackle Of the ship from lighter
alongside The Court below charged TIE ship. Judge
Nelson holds that is not clearly proved that ghgencs
existed on the part Of the lighter and that the means
Of transferring the lard was, rs Is generally the Gaze
under the control Of the ship, the responsibility OF tbs
LIGHTER G geai9d Th c M eIGeS Mere i PaeGd N e sings
began VIII he hosting Of the terees to the deck Of tho
IN the same Court before Judge Blatchford, case OF
tie Pacific Mail Steamship Company came up. Four
suits and four iDuncOns have been brought and made
IN this matter one brought by the foreign stockholders
IA the United states Courts IN the interest Of tie present
board Of directors restraining the election; similar
brought by Brown Brothers Co.. IN the superior Court
IN the same interest; one brought by the Atlantic Nal
Steamship Company adverse to the present directors and
restraining Brown bIothtis IRON NOlNg on tLe shaies
standing in their name the inspectors OF the Pacific Mail
election from receiving votes Oh them and nom refusing
TO receive the plaDu votes on Their 26GC6 shares and
also restraining them from postpOning The election. TAls
l.
wick brings similar suit Ia the supreme Court Judge
BlatcbfOrd granted an nJuncuon IN tho iiFss
Judge McCtnn granted smiIAr Injunction in tile second
salt. In the third suit Judge Brady granted nju1c
in the fourth suit Justice Barnard granted injunction
almost identical with the injunction IN suit no j. This
latter injunction subsequently modified by Mr. jus
tee Barnard. to entirely CjOn The election. Inc
Atlantic Mail Steamship Company party ~ gan serving
serving then and about tho orders OF the present
directors were served Under the pressure OF an tess
orders and counter orders the election was adjourned 20
Heavy disory case was before Judge Blatchford IN
the U. S. District Court yesterday. The Governments
titled spirits seized by the Government ut so 3j Ccdor.
ST. ami their condo mnation Is sought tie ground 81
being licy distilled The value 81 the spirits Is about
$4,000 Counsel for claimants desired TO move OH ths
case till next week the groduds, first, Of sickness ~
associate counsel the Hon s. 5. Cox and secondly tlat
claimants could not be found The Court, after asking
whether the excuse Of cOunsers sickness genuine,
ard saying that claimants ought to be present 10 lcoI
after their Interests refused tie request OF counsel end
set tie case down. peempory. tor trial the 2st inst
The ease Of the United states agt Edward CosGroye
taken up next Tue defendant Is The alleged pIo
pretor OF Illicit dstlleIy. discovered by The revenue
officers in July LAST IN the basement Of No -2 CALt01-
place. and this action was fOr the forfeiture OF N ana $50
grocery store the basomenttAe alleged property
OF defendant Defendant deaics ownership grocery
ana ayers that the alleged dsteIy was, ~ WA, lSe,
used for the disullauon OF spirits. .
owing TO tie illness OF defendant the case was o! Ill
recton Of the Court indefinitely postponed.
Petitions IN bankruptcy were fled and referred yester-
day Us follows: Petition Of William {. Reynolds Of ~
city referred 10 Register AlgB and also cfGibcrt ~
Todd, also u ths city referred 10 Register Dwight
Mr. Rerslaw appealed to the supreme Court General
Term IN an action which he had Instituted against ar.
Frtigh under the following circumstances lie under
took to insure persons IN Ulster, sullivan ana otner
counties against the draft for 10000 men ami N tb2s
region country received 5000 from tAiyeght indi-
yidals for such insurance nc persons aid Vti now
ever pay the money him, bat 70 flelg, on tie m
Outstanding that 10 was To be pdld over on nus PIo'tJS
substitutes for those OF tleh that were uIhg
Nine were drafted. For two KoISbaw furnished
sub stitutes; with bone OF the Others lac eoh
promised by paying them back their money! two
were not seeded WITH and 10 il was clear thai %
substitute had been furnished Tie main question was
whether, under nc trust lnVestmehj e iii III ~,
entitled TO any OF the money untl al te dlItH men
were furnished with substitutes II was conended ca
the trial below ihat the one man had reay SO actc az 20
excuse tho plaintiff from his duty 10 furnish substitute,
he vos 70 he coslpred as having fulfilled bis duty. As
10 some he claimed that the Qtol Of The tocHSis being
THO Court below held that lie clttcl 10 none Of
the money NATL he had fulfilled bis whole duy AID thar
Teun took The same view aud confirmed tie nousui1
An Important case growing out II stock sPccGalons
II. Marston ACT. Daniel Drew and others" me coH-
puiut tat the plautn Marston and Daniel Drew
entered into agreement 10 speculate jointly IN Lie
David Groosbcck Co. 10 be the brokers. The specuir
ton To be for the rSe ana me htH was 70 nave
onefourth, the purchases 20 DO made by paintn AID
i bo nj before Anil Ia m Zoo sbarr Of Er'e M an
average below CO. and delivered 10 Groosbeck CO.
That t has since advanced 10 u, and tat they could
now close ont M profit but that Drew has b.en selling
stock and working against TIE plaintiff borrowing 40
contlune 10 do So He further alleges that A. W Harvey
tces in the transaction and recovered mcnt against
him Tor S64SS9 05, aud that Harvey Is threaten.
ing 10 sell out his interest To his great loss,
&c. He, therefore, pTays an injunction agalbst
the others and an accounting from Mr.. Drew
Drew gives another account of the transaction He says
that at suggestion OF Marston and Burr 10 was
him Erie Gp to 1908 shares but that it was Ven under
stood that II left wholly To him 20 decide what in
ereSt in the profits any they should have they having
little money. and the affair requiring several millions,
which be would have TO advance, but that he WIS 20
manage II as he pleased operauhg 100 III Olhe rSsect,
lie pleased. That time came when ey could nave
made profit by selling. and LIE advised them To DO 90
but they neglected their opportunity, ana hnncuaey
after the stock fell below the average price at which y
was brought, wheIoupon Marston and Burr submitted
entirely 20 him. lie says he ala subsequently Ia e IN
OF the operation 10 keep M the price, give pr<
and calls an sell part Of the steck and vas at Tie com.
mencement OF ihe action short about lz@O or lS9a
shares Of Erie Tho called up yesterday, bGt'
owing to the absence OF witnesses. was postponed
Judge Van Worst OF the Common Pleas Yesterday henT
the suit Of Alyset agt stewart The paintns husband
rented store from Ar. A. T. stewart IN the Metropolitan
Hotel building. She claims that Nlr stewart IN making
alterations IN the hotel took down the wall 81 the store
aud injured her stock TO the extent OF 5000 lie says
they violated the agreement OF the lease by making ina
store dwelling room, and denies the INJURY. IAe July
gave the plaintiff a verdict for $500. .
In the Supreme Court in the matter OF the application
OF the ErieRailroad Company to have u agents admed
10 Castle Garden Judge Barnard has decided as t0oWs;
The defendants have power by law 90 protect tie per
and baggage OF emants, aud It authorizes Item
designate the wharyes and piers where hey saH %
landed find nothing that conpelS them 10 receive thu
agents Of any railroad line transportation company
upon their premises within their incloSnle lAc &c
PENDANTS have not excluded the Erie Railway Company
from Castle Garden; only that Their agents, Whom they
persons They are willing To admit agent or agents
against whom no charge VI misconduct mas been HALO
Motion denied. ~,
I'm the Superior Court before Justice Jones, Micbaei
Kelly sued the Public Administrator for the value OF
diamond pin taken by the latter from his possession IL
appears from his testimony that he obtained tue PIN
by purchasing pawntcket from one summer VINO ma
been the Of one Roger Kelly IN his last Illness lie
paid Summers $50 for tho ticket beside pyng
The loan on the ticket. The defense that Roger
Kelly having relatives the Public Administrator Dc
entitled 10 the possession OF his estate ana t9at
Summers in his loneliness and hcplessneSs stole ths
and other valuables from him. The doctor who ATTENDED
him In his last illness testified that Kelly was incapaoe
both mentally aud bodily, OF making gift summers
did appear The Court dismissed the complaint on
L. IL. LnNl ~