New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-04-04

SUPREME COURT-GENERAL TERM-April 3-Bcfore
LrOSARD, SUTHERLAND, and INGRNHAM. j. j.
EHE JURISDICTION OVER THE WATERS OF THE HUD-
bON-TREATY BETWEEN NEw-YORK AND NEW-
dEEsEl-rnE NEW-JEliSEY CENTRAL WHARF AND
BASIN.
Te Attorney sgt The Neverses Central Railroad COMPANY
Thi, is an action involving directly several mil
lions OF dollars and Indirectly the whole river front OF
New-Icrsry from SANDY Hook TO Wechawken BY treaty
between the States OF NcwNOr and New.Jcrscy it
arranged that, from SpucnduyVH Creek down, New
York should have Jurisdiction over the Hudson the
Bay except that from the center u the river NewJersey
TO retain lis jurisdiction the land under the
water and over the wharvcs The construction of these
two apparently conflicting provisions is the matter now
at issue. The Ncw-Jcr,ey Central have ont pier,
Till M what is said to be 1000 acres OF land where the
water originally rom TO 10 feet deep; rms the
Attorney General OF the state OF Newl orr claims rs an
infringement on the rights OF the state and asks to have
Ubatcd as q nuisance.
The defendants demurrcd to his complaint the
ground that the courts of this state have no jurisdiction
gave Judgment for the defendants the demurrer ON
the grounds mainly that it question as to the cor
defendant holding by giant from NcwJclsey, that state
was proper party to an action seeking to define her
such nnters second that on far construction OF the
treaty would seem that New-JTscy acting within
her right in granting tho privileges TO the company.
From this the Attorney appeals claiming that
m which II can he tried that the State OF New-IerScy
only Indirectly interested ara that the Interpretation OF
General decision reserved.
Attorney Martindac for plaintiffs appellants. Ex-
gudgc Woodruff for respondents.
FREE Mead az James G.. Shepherd
On December II. 1861, one !. ". Swan owed the
plaintiffs 500 80 collateral To which they held four
krOmiSsory notes of the defendant each Tor S5I4 81
These notes the plaintiff ON December H. 1s5l sulren
tiercd the defendant in consideration of the agreement
On suit by which the defendant guaranteed the payment
of much Of the swan debt as should remain unpaid az
Ter the expiration Of two years For that balance the
The defendant claimed the notes TO have been given
Swan his accommodation, aud with the understand
debt due by him the plaintiffs to be transferred TO the
defendant which Swan did not do that III consequence
Gla MA init
upon the guaranty winch was gycnln their place. the
The defendant does not except to the Referees concu
eOns of fact and only raises the question OF habty OH
the facts as found. 80
The Court held there was complete ratification of the
made by Swan Of the notes by the subsequent con
duct of the defendant and by his guarantee in which he
shows lac knew the notes had been used rs collateral and
yet gives the on his claim he was abSOved
from all responsibility, ard dismissed the appeal 80
Bowen Pitts for appellants; Mann Parsons for res
pondents
SPECIAL TERM.-By Mr. Justice MASON
TAYLOR agt. ISham-l direct that the complainant
IN this action be dismissed with costs to the defendants
10 be taxed and TO be paid out OF the trust fd III the
painffs hands.
Clarke agt. smith-See written decision.
Willard 4 Herste as Raymond-A new triai must pc
Elliot agt. wood-see findings
PoiIOu ast The Washington Marine Ins Co-See find
Grow agt. Kennedy.-Papers received.
BY BEEEARD, J.
Hazard al. McIIenIy ct al.IOrder granted.
A. r. Stout agt Geo H. Clark.-MOtion granted.
Thos. S. Nedham agt r. W. Pearsal.-Comnission
granted and stay denied.
Paul W. Ledowe agt Thomas Rowe.-Proper case for a
reference.
jas NcHenry ag R. C. Hazard ct al.-AIoton granted
for allowance of 500.
Mary Gerard agt. Moses Winston &c.-MOtiOn denied.
John ID. Prentice agt. David III. Amber &c.-MOtiOn
granted
Geo. A. wicks ct al agt James Freed.-Moton denied.
with costs.
Mary Burrel agt Mr.. ID. BuTel.-RepOrt OF ref
cree confirmed and judgment Of divorce granted.
w. Mitchell agt. Della s. Mitchell, Exr. &c-Motion
granted for Judgment
Lawrence Shearer agt. Mary p. Shearer-RepOrt con
firned and judgment of divorce granted
BY Mr.. Justice INGRNBAM.
nj. W. Stewart agt. Jackson s Standardization or
dered (5ee OpimOn.)