New-York tribune., 1868-06-17
CIVIL.

CIVIL.
A suit was brought before Judge Brady in
the Common Pleas by the parents are Of John QHnR
OF York. for 5000 damages for injuries sustained by
falling into excavation IN the street, which, it was
claimed, should have been repaired by the city The
counsel for the Corporation alleged contrbutory neg
and remaining out till very late hour directed to
hand in sealed verdict
The case of the GOodenough Horseshoe Com
pany against the Star Fire Insurance Company, after
live days trial. concluded in the Supreme Court Cir
cult yesterday Tho question was as to the amount Of
loss sustained by the plaintiffs factory, which
snmed by fire June, 1865. The defendants claim that
they offered TO replace the machinery and that at first
the plaintiffs accepted but subsequently refused TO allow
the machinery TO be taken away to be repaired The
plaintiffs say that defendants did elect to repair but did
for the failure Of defendants to repair The Court ruled
this out combining the proof simply to the question Q, loss
their full caim-s426s 81.
The U. S. District Court yesterday condemned
the following described property by default; $40 cases
"P N Co.." of Angostura bters; quantity OF distilled
spirits, one still &e found at Nos 229 and 23 Elizabeth
st. quantity Of distilled spirits, &C. found In rectfyng
establishment Of Weldon & Co., No 2O2 Fulton-st. 80
bbls distilled spirits found on Firstave, between Forty
containing pieces OF silk trunk, containing l2 pieces
silk aud boxes of cigars case containing 10 pieces
g." containing 70 pieces OF silk; quantity OF distilled
spirits, one STILL &C. found at Nos 100 and lQt Heserst
STILL &c. found in Baisdell Eckes distillery at foot
OF Forty fthst., East RIVER 10 bbls distilled spirits,
found at the depot Of Central Railroad Co. Of NewJersey
In the Common Pleas Part /, the case of
Richard D. LathrOp agt j. r. Pamenburgh was tried
yesterday before Judge Brady and jury The circum-
stances OF this as follows: Some time last Fan
who aferward proved 10 be swinder came TO the
store OF the plaintiff and bought bill Of silks, &c,
amounting 10 about $780, claiming to be an agent OF the
firm OF Bates Bell, Pittsburgh Penn ana dlrecIed
them TO be sent 90 the store of the defendant IN this SUIT
to be packed and shipped They were accordingly sent
there after which the who had bought the goods
directed Mr. Pamenburgh to send them around TO MIN
at a certain address in Murrayst The defendant sup
posing the man TO he what he represented himself 10 De
sent the goods TO Murrays requested and thus they
were lost The facts as above related being admea oy
both sides the Court said that there beng no
of fact be submitted TO the jury he would direct YER
dict for the plaintiff for the amount claimed 1888 H.
1t the case of Hatch agt. NJ. T. Brennan and
others, Metropolitan Police Commissioners, and Mack
agt the same, which have been previously repOrted
Judge ngraham yesterday refused to issue an
restraining the statonng Of policemen in front OF the
concert saloons Of the plaintiffs 70 warn STRANGERS oi e
character OF the places Ie ne Ss IS of Ren m
nedy shows that the acts OF the officers which were per-
not done by his direction His fully denies such
charges AS the aihdavs on the part OF the deIehse
70 be entitled commentator, am not disposed TO
grant the injunction prayed for The acts OF the officers
interfering with any strangers and the use OF any
force clearly without authority but like any other
respass, must be remedied by action The motion ID
In the United States District Court yesterday
Jury trial was had in the Of Eli H0ppock on the
motion OF his creditors 90 have him declared bankrupt
property and concealed himself from his creditors 20
prevent the collection Of their claims and claiming there
with the provisions OF the Bankrupt Act, so that an
Assignee can take possession q all his property 10 be
disposed OF for the benefit Of all his creditors The acts
Of bankruptcy alleged, especially as 10 conceament,
we're denied but considerable testimony was introduced
the creditors had been unable 10 find Mr. Hoppock,
although they had made strenuous efforts TO do So and
put off with eyasve After rebuttng testimony
for defense the case was summed R the jury charged
and they brought in verdict for Mr. Hoppock exoner-
ating him from the charges made.
A motion was argued in the room of the
Councmen before Judge Cardozo which shows at least
VIM Moser sued IN the Superior Court by James A.
Pohamus and Eugene j. Jackson, OF the firm OF POLKA
MUS Jackson, for loss in the purchase Of Pacific Mall
stock amounting s2OOOO which they claimed he made
in partnership with one William J. Rec. Moser was
in the fur business but about three month
quainted with Rec. According TO his story, Rec
the 18th and 10Th OF May from Polhamius Jackson,
5000 shares Of Pacific Mail stock, which he lost about
TRANSACTION on Which the suit arose was according to
Mosers this On the 18th Of February he rode down
town with Rec and they stopped at POlhamius jack
office. Rec ordered further purchase Of Pacific
Mail istock in his own name and Jackson and Rec went
aside ana had conversation privately; On ths 0rder
Jackson transferred several thousand shares 10 Moser
and Rec and the stock falling sold out leaving loss on
this one transaction OF over sl9O inns matter came
10 suit the Superior Court Rec made defense MOser
h fo ss 5 G From the ndgment Moser appealed
and was beaten The Sheriff levied on his go9ds and he
ment Of the jugment and this motion IS TO make perpet
nal injunction restraining the defendants from collect
ing the Judgment, the ground that obtained by
fraud The fraud alleged almost that Jackson suborned
Rec to perure himself and Rec himself says that under
the promises and threats OF Jackson he made sworn
statement which perverted the facts the object being 10
frigten Mr.. MOsers counsel from examining him as TO
certain matters. Several aadavits given in support
OF Rees testimony On the other hand the defendants,
Polhamius Jackson plaintiffs in the old easel sayhat
the only connection during the suit they had with Rec was
that having commenced in ordinary course 70 examine
Zee before trial. he ee TO them and begged that
they would not examine him, IL might prevent COM
promise with his partner which lie expected TO effect,
and offered them that II they would delay IL he would
furnish them with documentary proof OF partnership be-
tween himself and Moser that they did then agree To
postpone It, but he failed TO give the testimony he had
promised and finding his testimony very worthless they
had pressed it, The court sent 1t 70 referee 10 de-
termine whether the judgment had been obtained by
fraudulent suppression OF testimony.