New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-06-05
THE COUNTS.
CIVIL.


The Supreme Court Circuit has calendar
to-day or 1874 snort causes.
Judge Garvin adjourned the Superior Court,
Special Term yesterday CONSEQUENCE of the funeral Of
exPresdent Buchanan.
The argument of the appeal from the order
appointing receiver In the suits against the Chicago
and Rock Island Railroad Company were concluded In
the Supreme Court, General Term yesterday Mr..
OCOrOr closing in behalf OF the appellants. Decision
reserved.
In the City Court, Brooklyn, before Judge
Thompson, the suit OF Margaret shannon against Samu
Twelfhst, South Brooklyn. by water from defendants
premises Ts9 a6 eG Hen4y " BOse secretary Of
the African civilization Society," foF kicking her three
%e soST S E as o. Mrs. ana ad
been visiting the matron Of the socieys institute ana
the two garEeed which led to B1g s1psr SosSe s
Jury gave Mrs. Adams s21
The Supreme Court General Term has sent
back the report Of the ISL 81 Estimate ana
opinion written by Judge Ingraham, and IN which the
other Judges decides that the law authorizing the
Central Park Commissioners to lay out tho road 40
far constitutional though not possibly In other respects
1t also decides that the decisions OF the Commissioners
as TO the value OF the property taken by them not
renewable by the Court The ground on which the case
is sent back is that the Commissioners had right either
undeI the statute their notice to take in anything but
road $50 feet wide and as they had taken IN small CORES
which extended beyond the line which would naturally
be included between the lines Of the road ITSELF their re-
port must be corrected in this respect by striking out the
assessments for damages where such CORES had been i'm
properly taken and assessing them for benefit where
they should Judge such assessment proper.
In the IT, S. Circuit Court, before Judge Nell
AssoeatioR having been reached on the calendar the
question TO the time OF trial. Mr. James Brady
its trial this term and that 1t could go without
consent unless good cause was SHOWN pit lIalfh 4;
Brady would consent TO postpOnement until the Oco-
Der term, as his (Mr Williams's) duties Register IN
eases pending before him. Would engrOss his whole limo
during the present term Of the Court and that he had
his stead who could become sufficiently acquainted with
the merits and facts Of the in time 70 try 1t this term,
Register would warrant him in trying the this
term Judge Nelson said that the reasons advanced by
Mr. Williams not sufficient TO warrant him In post
pOnng the any later than the 10th ns for which
day IT was set down for trial.
The Supreme Court, General Term, an
nounced Yesterday that I'm consequence Of the funeral Of
exPresident James Buchanan taking place that
day only the then on argument and one other In
which counsel from Albany in attendance, would be
taken up Partridge aud Others, the consgnees at this
port OF 1000 barrels OF flour shipped to them by the ship
suit in the T. S. District Court against the Ben Adams
under these Circumstance: The flour was branded.
lot OF other flour OF similar brand Through SOME mis-
sSO for Sa 1G ST. Of the Sp an
equal quantity on the hbelants flour being carted away
consigned. The lbelans refused any but their
own and claimed SOP So the value OF that -four undc
hbelants for the value OF their -four minus freight
age and prmage due the Vessel on the 1000 barrels
enlppeu.
In the United States Circuit Court, the case
OF adjustment Of RathbOne ct al. agt Fowler et
al, involving question OF general average was
tried. The action brought by the owners
of the ship oneza against defendan, who were
owners OF part Of the vessels cargo TO SlI
$50 70, with interest from the month OF February 1867
10 seems that the OneZa having reached this port from
Calcutta about the latter part Of January 1867 became
daMagud Dy navnga hole stove IN her bow by the ice.
aud run ashore by the Captain On Staten Island hats
All her Including 1904 bags of nseed, belonging
10 defendants badly damaged by water leaking into
al M
the cargo signed general average bond to pay their
share Of the general average OF the loss the cargo,
which the adnstef OF showed TO be the amount
claimed by plaintiffs but on the presentation OF the
claim TO defendants they refused to pay IT, the
grounds that geat additional expense and damage 10 the
cargo and vessel had ensued through its bengTun ashore
and that this act voluntary the part OF the cap
tain and not demanded by any peril 20 the ship cargo
Ii shown by plaintiffs that il the vessel had not been
ashore she would, in all probability have sunk In 40
feet OF water damaging the cargo than II by
the vessels being ashore and causing about three
times the amount expense. The Court directed "A YER
diet for plautiffS.