New-York tribune., 1868-05-26
THE COURTS.
CIVIL.

British G0yernment for extradtOn, which has been
satci IN B42 GorhS Baker has been
confined subject TO tue appro'"i 0' W
! Washington.
uyaoa an oTipidn in the United States Court, affirm
ing the validity Of the GooayGar Pd tSer Sranin
tbein frnW making and selling COMBS manufactured huSI
the Mullee patents Tho COuf su s naS ~ fn U1 SS
nar and that the defendant had clearly lniIhged upon
Rjs Fights The argued at great ehst IsI "ecA
| TLe case of Caldwell against the New-Jersey
! e.nIoot Company growing out of the steamer 81
1ohn explosion was continued yesterday: some r%epnI %
ting testimony was put IN 70 drs e had Seen mt in since
be accident The was then summed up 10 tIe JUL
~, e nf nrecautlou had been shown the contrary
tbey had shown the utmost care ana pTecauSon III to ne
purchase OF their boilers To-Day tne pi"n'ns sun "
IN fine suit of Monk against the Union Mu-
.,,i ~. Insurance Company in the Superior Court
chief Justice Robertson directed verdict Tor the 1e
fendant on ground that the denial OF tne
Warner tbat he had any medical attendant, When In iaet
he had been attended sickness few months previous
nv physician suppression OF the lrutn, NualnB
lie npicy notwithstanding intention might have been
formed to change the doctor should he have any urhe
need OF one 1t may be remembered that the actOn was
brought upon policy of life insurance Oh the life OF L.
The snreties of Charles Windsor, the default
ing eler of the Mercantile Bank, whO in 1854 was re-
ported TO have off with 100000 IN scGuriu-us - n
reenbacks and $50 In gold, sued iii the oupe9
Court Circuit by the Bank, for the amount OF their Do,
$4,000. They put in denial OF his having SITd @ doo
money ana IN support E nherS had access to the cash
box and endeayOred to throw suspicion another ocer
Of the Bank; but the main defense was ueCniC "lT'
a civil suit was Instituted in England Uhe efforts 10 oD-
tain his surrender under the exTadton treaties having
faed against MIR Windsor and, under the Judgment III
tbnt t he yas arrested on cn sa Afterward he was
discharged in bankruptcy. The defendants Glai tat Wy
technical rule the arrest Of the person Is the dscnaIEo
of the debt and hence the surees for that debt are dis
charged The case is stll on
II was n question Just previous to the 1st OF
March last whether debtors WHOSE @ asSs nsons in Snf
ruptcy after the st Of March and up 10 te ISL ht 9
Since then the House Representatives has passed an
act extending the time from the ISL OF june ncAt
sCp 20 tH0 70 the Senate for its concurrence One
OF the Registers in Bankruptcy 9 i,,oniS onS cbcf
Clerk in the Bankruptcy Branch Of the Dsrlct Court OF
this District that United States Senator had Informed
him that the Judiciary Committee OF the Senate 10
the act was referred will not report it to the Senate
will thus fail TO become law ana no oe @ WHOSE @
will not pay so per cent OF his deOIs can hle S P0'
after the lst prO1imo.
In the same Court the case of Ray agt. The
Canal boat Excelsior was heard yesterday THIS was
aDt ot Pbodep6ia for tins port on the Excelsior and
which the captain and owner OF the Excelsior refused 10
deliver on its arrival The libellat alleged that the en-
ne to be taken to this port free except extra tT @
part Of an agreement by which tne p thnt ihe
owner Excelsior not being able 10 give title 10 the
then refused 10 deliver the engine unless full freight
money and charges were paid by DDeuant' Inc cihn,
ayers that this allegation ia mere pretex by lbellant TO
avoid buying the boat which he never intended 10 dO'
The testimony very conflicting and the Court re-
served Its decision.
The case of Morgan ct al agt.. The ship
Thornton came up yesterday in the United states Dis
trict Court This was q libel for collision filed by the
owners Of the schooner James Bolton against the snip
Thornton. The collision occurred on the morning OF tue
2sth OF January last while the schooner moOredto Pier
No o. East River and the ship proceeding from the
pier The vessels cOded and the schooner was
Ously damaged The claimants aver that the collision
was caused by the schooner not detachng line fdsten
ing her the slip which line caused the ship 10 swing
around and strike her. The Court held that the test
lnouy as the fastening OF the line was contradictory,
but whether fastened not the ship was to blame
fastened IL the duty OF the snip rs sue
was proceeding from the pier to unfasten H. and ~
were moi fastened the schooner being stationery and the
ship moving was the duty 0i the tter 10 aVOI lhe
schooner decree was therefore ordered Tor DeIaht
In the Supreme Court Chambers the Olympic
Theater litigation was again up on motion by MT DUN
for leave lease the theater His counsel Recorder
Hackett read IN support OF the motion letter from the
present lessee Of the theaer Mr. Dufs soninaw, re-
Questng renewal OF the lease, and giving as reasons
why he should be preferred that he had during the last
expended $4,000 on the building and improve
OF permanent character; that he had raised the
character OF the place. and gained favor with the public
and that the coming season was likely 10 be disastrous Ia
consequence Of the political excitement and the great
competition from Booths new theater and other new
places opened projected He also read the answers OF
J. Lester walack, G. W. Tayleure, g. L. Fox. George
Wood, Theodore Moss, L. +. Harrison and Barney WI
ams to the question what would be fair rental OF the
Olympic Theater, which varied from S52 to $4,000 On
the other side, Mr. Dudley Field read offers IRON Barney
Williams to pay $2I 900 per annum Mr. T. h. Norris $1,000
Mr. Tamaro, 90, and NIr Grover $4,000 and aida
Wits of Orton H. Hess estimating the rental or the thea
ter alone at $4,000 and OF its properties al 1900 or
$1,000 F. T. Barnum who places IL at $4,000, with rs
per cent OF the value Of the and properties and
Of William Gibson who says that Wallacks rented
on q long lease at $500 aud taxes, &C, ana would
now be held at 200, and that the olympic is worth
500 900 and % per Of the "prOpertee" Mr. Field
asked In the order authorizing the lease should be
provided that Mr. Hayes should not have the lease unless
were willing TO give The Court took the papers and re-
served decision