The New York herald., 1868-02-25
SUPREME CluRT-GtNeaAL TEaE-
The Drew-Eric suspension Case-The Re-
spondcnt Appeals.
Rafore Judpas barnard. Inpraham and Sutherlaud.

The Drew.Eric Suspension Cause.-The Re-
spondent Appeals.
Before judges Barnard, Ingraham and Sutherland.
The Peope, DC, ty Their Attorney General, Petitioners
for the RsDiopai of Daniel DreD dc This appi-
cation for an order TO show why appeal from
the order OF Judg Barnard sustaining the verncaon by
Frank Work the petition presented 70 this for
the removal OF Daniel Drew rhouL not be allowed
David dudley Field, or the respondent Drew, spoke OF
the great interest 20 the public OF tho precedent in
yoived In the case, and which would in degree
render psrture from tho Ordinary practiuo Ia pro-
ceednss OF this Kind proper.
MIR Fullerton said that 10 reality this was no appeal
and he wny the court should depart from
the regular method OF procedure.
Mr. Field thought the case OF great import
an0 a, tue 0rder OF Judge barnard Was sustained,
the directors aud all other officers vi auy other COMPANY
could be suspended from tho exercise or their functions
erpdrts aiidayits made on Information aad belief
Mr. Fulierou sad Tho olher SIDE ready for any
course except TO the peti.ion aud only
sn effort 10 induce court relieve Daniel Drew
from the necessity OF replying 70 tho charges contained
in the ail1asit.
ceedng on the pant Of br. Drew ana rstIerstsd his
belief IN the statements OF Dir. Fullerton.
Mr. cid believed that this Case, In that also OF
the President II Washington, the parties were only
anxious Tor q suspension without trIal
The dscded ha, it would near tho application
on Thursday ncIt, al half past eevon O'Clock A ~
The Olympic Tkentre eIn,brosiiO-Receiver,s
Bonds Doubled.
B0He' Rsyirer, dc u.s. Dug, Receiver Of the Olympic
Theatre This complicated case which has bssn so long
before courts in various forms recently argu cd
before ths court appeal by The plaintiff from the
order made by Judge Leonard at special tcrm appoint
iny D1E receiver Of the properties, &C., Of mpic
ihcars The order appeaed from required Dun fur
nish recUgnyance 10 tho oi $50, 900 for tho
dsaison YESTERDAY on the appeal. drecspg pu ~
furnish bonds in the sum OF 100000 aud Two rsspoa
scis parties as suTeueA
The Liability Of Express Companies Under
Their Printed Couditisns.
Belc.r, appellant, vI Dinsmore, Presidenf Of Addms
Rxp,es Company at Respondents This suit was
brought for the recovery Of Sas7 tho value OF one
trunk and s contents which the plaintiff had shipped
BY the dsfendsnts' line and WAS lost 10 transit The
receipt gwen By the defendants TO plaintiff eonsainsd
tho usual prstsd conditions. s,ipulsting that In no
event should the company bs liable TO an extent
cesdps Sso case OF loss Of the baggage By them.
unless the value expressed ana . special contract
made TO their liability. On the trial the defendants
The csss originally tried A the Circuit refused
submit 10 the jury the question whether there
va any evidence OF contract betweea the parties,
and expressly held the conditions in receipt 70 be
uindng on the plaintiff and limited the liability Of the
defendants TO $50, directing verdict for ths. amount
The piantid appealed aud decision was rendered yes
tsrisy by this court granting new trial, with costs
In his opinion Judge IngrahaW pqlda hM srprsm
companies srs common carriers and may limit their la
biy by specai contract but by lhs sxpsess contract
Il must be not only that they insert the limtsn Ia the
coulsci bat the shipper must assent to H. as proof
OF tQ .Waigs on the part VI the antn Is not sun.
oisnt
The Jumei Wni Case-The Comu,lssien on Iu-
tcrroEUtories.
Cadmptais J. Boper 1t al, Re,pondenti, ~. N.lon
Cha,s It at, dfp.ilana This case csme before this
court o. the January appeal from the order Of
Judge Cadoso. denying commission for the oral sxam
nation o witues es living in Rhode Island The pslp.
tns sue the title to the estate under her N
OF Madame JumeL Tho dismissed tho AZ peal ysI-
terdsy, with leave 10 defendant TO the motion
return OF tbs written commission such oral sxamra-
lion be deemed necessary
pfrlslcns Rendered.
Before judges Barnard and Sutherland and J. v.
Barnard.
Valentine Fnk va Simon Donan Il sl--Judgnsn.