New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-03-01
yJRREHE C0UIT-CnAMBERs-F 2s.-BefOre Mr.
Justice LEONARD.


yGR'REHE C0URT-CnAMBERs-F 2s-Before Mr.
Justice LEONARD
wALL-ST TRANSACTIONS.
DuTant agt EnSten ct al
The plaintiff procured an injunction against .he
defendants to prevent them from selling certain cur
PENDANTS now move to dissolve it, The transaction as
stated by the plaintiffs was loan by the defendnns OF
$4,000 10000 shares Chicago and North western leIeI
red. with agreement the part Of the plaintiff TO
keep his margin good to 10 per cent That on the 2d ana
the defendants demanded more margin which the plain,
value Of Certain bonds and stocks was over 100000 and
that on the evening OF 2itb ne notified the defendants
o s" the next chicago Ga he and SOS t8Es Stock us
would leave the margin ample for the balance That by
meanwhile the defendants sold, pretended to SELL the
stock at from Sc to 49, while the market price was really
lays his damages at $4,000 The defendants deny all
fraud or injury to the plaintiff but beside on TINS motion
Case still Mr. Tracy for plaintiffs Mr. Larocque for
THE FERNANDO WOOD LEASES TO THE CTY-oPNIoN
The People rel Wood agt The Controller, &c.
This is the motion for q mandamus made on behalf
OF Mr. Wood compel the Controller TO execute ten
OF portions OF the Pd n Mos mo am be
CORPORATION Counsel Corporation Atorney ana Pn nc
ported at length in The TRIBUNE.
The Court has now rendered decision deciding sub
executed but that the injunction obtained by Council
man Pullman mllst first be disposed Of The following
The reaor appears from the facts stated In the altena
tive writ and the answer to he entitled to nave his lease
executed by the defendant An ordinance has been duly
passed directing its execution by the defendant, who is
their subordinate officer and agent The clerk who has
the custody OF the must 1t when those who are
authorized call for it, He cannot prevent the controller
from carrying effect ordinance which necessarily
requires the impress OF the seal There Is an nsImont
able objection to the writ existing at present Inc Con
toller Is under an injunction OF this Court at the SUIT OF
Pullman Councilman at the time inc SUIT was
commenced, and authorized by law TO maintain
such action in his fOrbddng him to execute
the lease or TO pay the rent Pullman ceased TO be
Councilman and the suit has think abated from that
there Is any successor might revived II is doubtful
whether there is any legal successor OF Councilman
suit and injunction cannOtfor that cause be denied an
existence The Injunction must be- removed before inc
defendant to violate an Injunction II the SUIT - legally
remove that barrier the relief sought Due observance
OF the process Of Injunction c0mpcs this Court 10 respect
ITS provisions until has been regularly terminated IN its
The application for the mandamus it respects the
payment Of the rent depends other principles It
not appearas it must be before the peremptory
writ be alowedthat there is money in the treasury
belonging 10 the reatOr Unless that fact clearly ana
afflrmatycly appears, he must take the customary
The APPLICATION must be denied, without prejudice to
renewal in OF the removal OF these grounds OF
objection
DECISIONS.
| Louisa Hayse agt. Andrew f. Iiayse.-Report OF
refcreetconffmed and Judgment Of divorce granted,
| plaintiff to have custody OF child.
The People OK rel Oscar Il. Ray. art. VIM. c. Conner
&c.Poinh must apply to the Court for paymentander
section "a before the clerk can pe required 10 enter IT,
| Motion for maudamus denied, with costs.
COURT OF COMMON PLEAs-GESERAL TErM-FgB o.
Before Judges DAILY, BRADY, and CARDoZo
DUTIES OF COMMON CARRIERS-RAILRoAD CON
TRACTS.
sportaion Company.
This action was brought to recover damages for
the loss of 1873 bales OF cotton part OF larger amount
which had delivered to the defendants at Phladel
| phia 10 be transported by them 10 New-York Seven
hundred ninety bales OF cotton shipped by the
plaintiffs. June IS, 1861 Mt Cairo Illinois, ON he lI0s
Central Railroad, 10 be carried by them TO Chicago The
|
this cotton. This cotton carried by the Illinois Cen
trail 10 Chicago and there delivered by that Company to
the Union Transportation and Insurance Company to be
transported 20 Now York The latter Company issued its
receipts bills Of ladng therefor OF this cotton how
ever, ono balo not accounted for by the
Illinois Central, and 7os bales were delivered
| 70 tho Union Transportation company; ana 10y
that Company TO the defendants at Philadelphia.
OF these 79 bales received by defendants all were de-
Uyercd them except i3I baes These 1877 bales were
destroyed by fire while in defendants custody at their
pier in the city OF which fire destroyed defend
ant, boats pier and all the goods therein contained
This fire occurred the night Of Sunday July TO- l6i
pior about midnight a e saturday before the ife Juy
D. 1854 balance OF the cotton destroyed arrived ut
fire The defendants cOusignees had carts working
Saturday up TO o'clock IN removing this cottcn They
warehouse refused to receive any more cotton on that
day. a. they closed al o'clock on Saturdays lt also APP
pears that this cotton, which arrived on Saturday was
originally landed the forth side of defendants pier,
aud evidence given to show that the cotton Was
Illinois Central Railroad had written across their face IN
red ink not liable ia case of loss by me- unless u can
be- shown that such damage OF O'' 0''u'e '"VS"
On the trial below the Jury rendered verdict for the
plaintiffs Sal o. being the value OF the cotton
| burned at New.York. with interest.
From the judgment entered ON the verdict the defend
Tho chief point on which this appeal taken, though
given by the Illinois Central Railroad at Cairo a con
tract accepted 10y the plaintiffs agent Halliday made by
them ON behalf OF all the connecting lines aud Of which
tho defendants could avail themselves aud the accident
having happened by fire, 1t became necessary for the
plaintiffs to show afrmatiyey IL indeed he could re-
cover at all the rc occurred through the defendants
fault or negligence Another point taken In connection
amount Of the los was TO be fixed by the value of the
cotton ut Cairo at the time Of shipment;
The respondents, tho other hand claimed first that
tins contract did not apply to TINS case II nag not been
tended or did apply To any but Their own road 10 Chcg1
But at any rate, tho limit ON the common carriers ab
y was only allowed OF the suppoSon that there was no
monopoly In the business The first case decided placed
IL on Tins ground II could not De extended TO the prOtec
uess and MI .ba Railroad had obtained by law in New
Jersey. But IL the contract wcI1 huE men ihe ourue
OF proof show care and that the accidt @ not occur
by the negligence OF the Company, thrown on the
defendants. and this they had failed to make out
The case occupied four days in arguing the Court
Mir Woodruff aud Mr.. Sanford for defendants, appel
''''''' SPECIAL TERN-By BRADr.J.
Dcylla act. The Mayor.-sec opinion.
Doylin a,t. Barbur.-Sce opinion.
by ClRDozo, j.
Cramcr agt Watson E.,!nknccht agt Bendcr-M0tlonS
granted Vatablc agt The Washington Marine Ins. Co;
Motions granted conditlonaly. Wilcox agt Dunn-Mo-
lions denied, costs To abide the event
COURT NOTICE.
The Calender of motions to he heard at Chambers
wiz prepared for the first Monday Of March TX parte
business will be attended to at 10 and the Calender
will be called at lOt irrespective of the hour for
which shall notice. notes OF issue for Mon
day must be filed before by order of the Court
NATH'L JARVIS, u. Clerk
COURT CALENDAR-THis DAY.
SUPREME COURT-CIRCUIr
PARr calendar will be continued
PAIR ll-Adl ournrd without DAY
-DefDrs Mr Justice T. H. SMITH Court opens a. 10
Shcr. Causes