davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
THE COURTS.
LIABILITIES OF STOCKHOLDERS.

Mills ct al, Assignee, dc, agt Patrick y. SteW-
art-Court of Appeals. Before Hunt, CHI j.. and full
benchThe defendant In this suit Is one OF the original
ncorporators the sacketts Harbor and Saratoga Rail
road Company the extent OF co shares, which he
paid up per cent The Company In January 1851 be.
came Indebted 10 the amount Of 1000 10 the asgnor ot
the plaintiffs. In April, 1857. the name OF the company
was changed to the Lake Ontario and Hudson River
Railroad Company. In September 1857, call OF one per
made on the stockholders. and the stock on
December. 1851. la May. 1889, the plaintiff got
Judgment against the Railroad Company for their debt
The Company substantially at tnat time lnsolYent
The plaintiff then sued the defendant under the provision
making stockholders liable for the debts OF company TO
the of their unpaid assessments The case had
curious history On the first trial the plantn succeeded
and the defendants went TO the General Term Al the
General Term four judges sat- and the Court equally
divided. One VI the Judges, Allen, was called 10 the
Court Of Appeals and In his absence the Court held with
the defendant and ordered "A trial. The
tried u second tme Judge Allen presiding at he trial.
and his opinion had been against tho defendant
when sitting IN the General Term ana had thus pre-,
vented for time decision. he yielded 10 the decision OF
second time 10 the General Term VINO ahTflcd the JUG
meut for the defendant, and 10 now comes
by appeal OF the plaintiffs 10 the Court Of Appeals
The main question argued on the appeal the cnect OF
forfeiture OF shock on stookhoders LIABILITY under
shall liable DEBTS his company 10 the amount
OF his unpaid subscriptions The plaintiffs who are APP
pellaBts, claim that this liability II direct 10 the cred
tOrs, aud that IL statutory arnanee Of the liability
of those whose credit money In fact advanced That
himself by a sale OF his stock, by tho com
pany by1 profit that is vested right OF tho creditor.
own. by neglect on his part which forfelts his
right. They argue that any other ruling would leave
WIDE door fraud, and that Ia this there ground
suspect fraud In the call Of one per cent aud
the forfeiture following. On the Othor hand 10 Is argued
that the decision OF the facts removes all suspicion
OF fraud which might inyalidate the forfeit
ure; that the purpose Of tho provision OF the
Railroad Act relied merely 10 gave
direct instead OF circuitOus course 70 the creditor to
the assets OF the Company; that the unpaid subscrip
TONS OF the Company. with no priority
the creditors unless created by other statutes than The
relied on; and that until fraud actually commenced
aiuat the
could discharge liability certainly the stakeholder
paid stock by forfeiture In this case. IL was
further claimed that the change OF the charter OF the
Company this radical that the defendant
was not held in the absence OF action OF his acques
cling In it, The Court reserved It's decision T. A. BrOwL,
for plaintiffs appollantD ratfor defendant, respond
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
ppA cr1cr IN THE sURRoGATE's COURT.

Black agt. Tucker.-Supreme Court-Cham-
bers-Before Justice CardozoThis was an application
for a mandamus to compel the Surrogate to approve
bond on an appeal from the surrogste's decree. The
motion was opposed the ground that the BOND cou
not no ned mill the appeal was taken by the service or
notice of appeal The statute directed the p0nd 10 %
given TO perfect On appeal already TAKEN and directed
10 he given TO the party who could only be ascer
tanned in the notice OF appeal In this case 700 IL was
claimed that the bond itself was wrong. Inc deoree
certain moneys 70 the Surrogate to be Invested Tor me
benet Of minor children On tie record therefore the
edyerse Marty was the Surrogate and not the minor chill
dren while the bond was the minor children and not the
Surrocate THE Court reserved decision H. f. Averill
for motion Mr. l.. q. Mcdonald opposed
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06

expeuse Coupsel intimated that the Company beloved
that black malin operation included in the affair.
and insisted that the sewers could be equally wei built
at the sides OF tho For tho city twas claimed
that these wers were part OF the general plan OF sew
erage prepared under the OF 1865 aud that TINS plan
WAS by the terms Of that unaerabe. That the pur'
nose OF the act of 1860 was to prevent unreasonable.
yexstous and wifu distractions OF tho road ana not
of he roads was at most trespass and not ground OF
Injunction TIE Court reserved ITS decision. Dir ROD
inson for plaintiff, Mr.. Twill for defendant.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
DECISIONS.

SUPREME COURT CHAMBERs.-Ihe Marine
Bank agt Kelly ct al-botiOn granted. Shawagt Home
Life Insurance Company.-Moton granted R1lker AT ~
Angel ct al-Same. Morgan agt. Gentil.-Motlon de-
MED. Lesser agt. Jacks0n.-Moton granted MCKAY
agt Cronkhte.-sanc G. ONeill agt Veaze.-oane
Chandler agt Pinckney-There must be reference 10
ascertain facts &C. SecOr ct al agt Porneet a-MOton
granted Levy agt Nesbit ct a-lnjunction Continued
until the trial.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
DIVORCE OF A PRIMA DONNA.

States at. S0tes.-SuperiOr COnrt-SpeciaI
Term-Before Justice Freedman.-Tho plaintin IN TINS
case prima donna last year at tho Opera
and complainod OF her husband for Ill treatment anu
annoyance asking limited divorce. The case was re-
erred TO Mr. Roger Pryor and his report the Court
has granted the Judgment asked Tor.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
NEWS PACKAGES FOR THE PRESS.

CAPTAINS arriving At this port are elu
i.yer addressed Associated Press only 70
person. authority Of '" smonon Dshsrs'
Journal Of C0mme Ies lkbVS
Uorld Eyprcss Erosmg Post, comRncidt ddrsr ods
Zg snd Nse fortr De"oLras should also Dc ae'si 0" "
the amn
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
AN INSURANCE CASE.

Gillian agt. Slate and others and The Sun
Mutual Insurance Company-COurt OF Appeals-Tho
plaintiffs part with Slate Co. and others
I'm the ship jamestown, which lost IN 1859. During
her last voyage, which a broken one, she having
rowing commission and going from one port TO another
required she incurred debts 10 the plaintiff
Slate Co. were ships husbands, and rendered the
counts to plaintiffs and the other part owners from
time TO time Her freight insured by Slate Co. be-
loss in the sun Mutual Insurance Company for
$4,000 Shortly after her oss the firm OF Slate Co be-
came insolvent. The plaintiffs informed the insurance
company OF their claims, but the insurance company
paid $4,000 10 Slate CO.. recognizing
the plaintiffs but TO the extent OF Their
registered interest In the ship, one-eighth.
The plaintiffs then brought suit the Insurance
and for contribution from the other owners for their
advances and for their real share Of the insurance The
decree OF the below that the advances OF the
plaintiffs their share OF the balance OF the insurance
must be paid from the insurance, and the other part
owners must make up any deficiency. The Insurance
Company then appealed having paid the insurance
money The main questions presented were.
whether the debts incurred by the ship In previous parts
OF the voyage which were claimed TO be lndependent
voyages, could be made charge tho last portion OF
the voyage itself Independent voyage though the
vessel had not reached the home port and whether the
plaintiffs notice sufficient TO charge the Insurance
Company. The Court reserved its decision. Mr. Lord
for plaintiffs; Mr. Choate for defendants.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
THE DRY DOCK RAILROAD AND THE PUBLIC
SEWERS.

The Dry Dock, East broadway and Battery
Railroad Co. agt. The Mayor, de- aud ohers-suDreme
-Chambers-Befor Mr. Justice Cardozo.-Ths Is
an action 10 restrain the City, rather the Croon Board
from laying sewer In Grandst between Thompson and
sulivsn-sts Cntonst between Grand and Division.
sts in Grand-s st. between Sheriff. Ridge, Cannon and
Columbia ats, ana In Avenue b. in snch to
the operation of the Railroad They base their
the statute OF 1900 which orbid5 the city from
interfering with hindering the running OF the road
The ia question portions OF the general plans
OF CrotOn Board made under the act OF 1865 and
notice given the Railroad TO move their tracks 80
that the could be built The Railroad answers that
IL would them 81 500 10 make such removal and that
under tha act theY arc not bound " incur tho
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
6iiu Etal Gstats for Salt.

AN EXTRAORDINARY CHANCE.-A first
s,.s hse .iNOR n. Sa ~. 81 Fly m vest
good style Carpets furnished BY Hyatt furniture BY Phelps levitt
Co gas drtues &C. by mirrors By Wbttsuors
DC Price 1000 $4,000 remau) which includes
excepting family library pictures silver and bedding Possession
time RANDELL, Ht Egbth.ave
EOR SALE-0n MadisOn-ave., Murray Hill,
the most unique tasteful aud cOmpsts HOUSES In tb city
sale VITA furniture throu at with early po.
ssaslsa. ApDu to H0AkR MORGAN. No. Pinsss (ssS1
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06

All who have real estate for sale or to let,
and those desiring to purchase rent such property
will ind IL to their interest to advertise In THx TRIBUNE
Its aggregate circulation exceeds that OF ohor
paper, aud In addition to this advantage THE TRIBUNE
will DO found, not only in NewYork and all Its cities and
villages but in every State and Territory throughout the
Union. The advertisements should be as brief as Will
allow of the advantages claimed being made clear 20 the
reader. We would especially dwell on the fact shat me
subscribers for tho three edtonssf THE TRIBUNE Day
Semi Weekly and Weekly comprise individuals in every
business professions consequently In eaen
are read by all classes TEE TRBuSs dsvotos especial
attention to reports Of sales Of real estate both In city
and eosntry thus adding greatly 10 the value OF Its col
umns ~ an advertising medium The charges for advsr
nns are a follows: DAILY TRIBUNE 10 cents per line
for each insertion WEEKLY TRIBUNE, "a per limo; ssN
WEEKLY TRIBUNE IS cents per line About ten words Of
wide columns aver ago ane Terns casn IN advance
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
p,SSFNcFRS ARRJVED.

FROM SAvANyAII-n steamship Rapdau. Oct 81 Fenef D.
Rrnen Bmstsn. G. Hopkins, john nlcAe w. H. D'Asue'
and wife, ". b. Ransom. 7. Baseh.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
Gong gsIanO Zeal Gstats for Sul,.
0lssttbsstrr Cuuntp 9ral 6statt for SALE,

TOR SALE ut YOnkcrs-A Gothic COTTAGE,
with gas and water furnished fdred Pasadesve with
acre through PaTkst and having a
view of the Hudson River Island price furnished A
Cue T. ObsrseE Ofce u Parkrow or al the house
GREAT BARGAIN for desirable PLACE,
" MsmaoHeck Depot SeN aVen r. good
house au1 plenty Of fruit good oesoh
ground Price 5000; Also new BRICK huUsb
Harlem 10 f89 Owner = SPENCER No zs Gr.nd =
SSnn CASH. $500 at per cent each Zach Will
I'D elCO buy either OF the following two PLACbo ee0ve
October 2Oowners desire West: peSyPsned st,h.h
house; lot l3t road, mile hom depot.
lawn trees In foot; small house. barn ~ acres OF
young fruit two miles FROM Courthouse level soi retired spot Ac
81 per house. rooms new large barn
suitable truck GARDENING mile from depo te
krd by ell Also y
rough land old house harm 80 miles from depot 5000 - cash.
White Plans mile Krnsco depot: four Fsuas %
to $4,000 liberal 81 % acres
fabarg complete order houses baru. work sho?
Also Lots
Broatssy Cnonye JeIgtensve and on Mar'oeek Koad n
within 80 feet by l ha each from so
according Odeha refrain noting AppV
to CHAS FOGG White Plains Harlem H. hour from T~eSJ'
siIthsL
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06
ILLEGAL ACTS AND LEGAL CONSEQUENCES.

ILLEGAL ACTS AND LEGAL COMMENCEMENT
6delaide Decker agt. John p. SOn.-Supreme
Court-Clrcut-Before Mr.. Justice Ingraham.-In 1855
the plaintiff then called Adelaide Janneton, had child
by the defendant not in wedock In December the do
PENDANT executed bond In the penalty Of $4,000 con-
dti0ned that the plaintiff should conduct herself prop
erly and should not remarry the defendant would pay
her $500 per In monthly payments while abe had
charge OF the child In 1861 the defendant became nso
vent and appears the annuity paid rather irregu
larry 1862 the plaintiff married. and the defendant
told the plaintiff her husband was well able to support
her as he was In 1867 the plaintiff brought suit on the
bond In 1868 defendant took the benefit OF the Bank
rupt act and trial OF this action set up his dis
charge In bankruptcy az bar, the plaintiff claimed
that the provision OF the bond that she should not re-
marry WAS against public policy and void. The defendant
claimed that IL It void It yOided the whole bond
The Court held that the annuity was to be paid
until marriage, and confined the plainhs recovery, II
any, to the unpaid nstaments before the plaintiffs mar
rage Tho plaintiff claimed that, as the defendant had
included her debt In bis inventory the discharge dd
not apply but this point overruled Her counsel
then argued that this bond was not within the equities OF
the Bankrupt act any more than bond given In pubic
proceeding for atiOn. The Court held however under
It's previous ruling, that the plaintiffs claim was mere
and dismissed the complaint Mr. Cowles Tor piant
III; Mr.. Cook for defendant.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-10-06

MINIATURE ALMANAC
5jj Moon srts..... 6H
alGH
andy 822 Cows sand... s2 Hell Gate ''.'llo1
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-05-18
FINANCIAL AND COMMERCIAL.

New YORK. May 17.-Stocks feverish and
unsettled. Money easy, et 617. Freights
dull. Corn dull and favors buyers. Pork
quiet, ut 81. Lard very firm-stoam 1SM
1891. Cotton quiet, ut 2S3l Gold 141l1.
Exchange 92s.
Up. M.-Cotton without decided change;
sales 1,S00 bales, at 2S21. Flour rather
moro active, without decided change.
Wheat 1(G2c. better, with increased export
demand-white Michigan 1856 Corn
heavy. and 1(92c. lower-mi1ed Western,
new, 76GS5. Pork firm. Lard frmer-
kettle 1S1a@1S7s. Whiskey a shade
tirmer, at 9799S. Rico quiet-Carolina
S1a@916 Sugar quiet. Coffee dull. Mo-
lasses steady and quiet. Freights droop-
ing-cotton, steam, 5-32. Money more ac-
tive, at Z Gold active, closing buoyant, at
415s. Sterling 91S.
fairly active. Wheat dull and lower-prime
valley red 2.1O@2.15; prime Pennsylvania
red 1.50@153. Corn frm-white 81(9S3;
yellow 03994. Oats heavy-7G; light
6S@73. Pork quiet, at 81 so. Bacon firm.
Lard 10. Whiskey unchanged.
CINCINNATI, May 17.-Whiskey firm, at
95. Pork 3050. Bacon frm-shoulders
l3; clear sides 1624; sugar-cured hams 1900
10. Lard 18.
New ORLEANS, May 17.-Cotton un-
oou-luiuS1ilHB AOtlODIOio, BaleS ,OUU
bales; receipts since Saturday 162. Gold
Al. Flour quiet and easier-super 5.45;
double 575; treble 6.25. Corn higher
white IT, Pork 1925. Bacon shoulders
l31a; clear ribs 171a; clear 1756. Lard
tierce 1S1a@1S24; keg 191a92O. Sugar
quiet-common 911a prime 131a Molasses
Notwithstanding 35@5O. Whiskey-
Western rectified 85@921s. Coffee-fair
153G; prime 1634@171:
MOBILE, May 17.-Cotton firm and in
good demand, with sales of 1,5OO bales
low middlings 261a; receipts 5O7
AUGUSTA, May 17.-Cotton market quiet,
with sales of 1877 -middlings 2615; re-
ceipts 70.
SAVANNAH, May 17.-Cotton market quiet
but steady-middling nominally 27l4; sales
300 bales; receipts 800.
CHARLESTON, May 17.-Cotton quiet, but
lower grades firmer, with sales of 400 bales
-T%laallng T'nanang M4 MXl14G@27}a; e receipts 19s
the market was closed.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-05-18
Washington News.

WASHINGTON, May 15.--Special Mail
Agent Briggs departs to establish free let
ter carrier system in the Southern cities.
Boutwell, now seems determined to stamp
bonds purchased and returned to the De-
partment Legend as the property of the
United States held as sinking fund, under
the law of 1862
A. p. Corbin, of New York, respected
millionaire. married Grants sister, Jennie
Grant.
The Commissioner of Revenues decides
that railroad refreshment cars are liable for
taxes on hotels, iquer dealers and tobacco
sellers. The roads are liable for these three
taxes on each refreshment car.
The following proclamation was issued
by the President to-day: In pursuance
gress. approved April 10. 1863. hereby
designate the 9th day of July, 1869, as the
time for submitting the Constitution passed
by the Convention which met in Richmond.
virginia. on Tuesday, tho Sd day of Decem-
Der, 1867, to the voters of said State, regis
tered at the date of such submission, viz:
July 9th, 1869, for ratification or rejection;
and submit to separate vote the fourth
clause OF section l, article III, of said Con-
stltution, which is in the following words.
Qnsert the disqualification clause.] And also
submit to separate vote the 18th section of
article LII of the said Constitution, which
is In the words following Qnsert test oath
claqse) direct the vote to be taken upon
each OF the above provisions alone, and
upon the other portions of the said Consti-
tuition in the following manner, viz: Each
voter favoring the ratification Of the Con
stitution excluding the provisions above
quoted. as framed by the Convention of
December 8, 1867, shall express his judg-
ment by voting "For the Constitution"
Each voter favoring the rejection of the
Constitution, excluding the provisions above
quoted. shall express his judgment by vot-
ing against the Constitution" Each
voter will be allowed to cast separate bal
lot 1or or against either, or both Of the pro-
visions above quoted.
WAsHINaToN, May 17.-The President
signed Sickles' credentials as Commissioner
to-day.
a delegation Of Quakers from Baltimore
visited the President to-day. relative to the
re-establishment OF schools south, with
special reference to North Carolina.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-05-18

Excitement, confusion and failure has
caused an unsettled feeling in oil depart
ments. The gold market was the first to
feel the effect, the rush to buy carrying the
market up to 4224, but tsoon afterwards de-
cined to 413s. Schepeler &c Co. were large
sions, and heavy dealers in gold, stocks and
bonds for Europe; and also had extensive
credits in London and Bremen. Their lia-
bilities are extensively distributed on this
side
RICHMOND, Va, May 17.-In the suit
against the city of Richmond, to make her
redeem her small notes to the amount of
$lO0,000 issued during the war, Chief Jus
tice Chase decided that, having been issued
to aid the rebellion, they cannot be redeem
ed. The Legislature which authorized their
issue was de facto n Legislature, and had
power to grant such authority; and had the
notes been issued for any legal purpose. and
not for the subversion of the Government
they would be liable to redemption.
SAN FnANcIsco. May ia vigorous
campaign is progressing between the citi-
zens and robbers in the Mexican Pacific
States. The robbers have been worsted and
many killed. The Sinalon revolution is as
suming serious aspect. The revolutionists
captured and established their headquarters
at the town OF Elfurte, where 300 troops
iioAd OOHOiu JOiueu Iuc Insurgents. Ilo
Apache Indians have been driven from Ari-
zona, and are devastating the borders of So
morn and other border States
Sr. Louis, May 17.-The first through
train from Sacramento, with 500 passengers
arrived ut Omaha yesterday. Tho travel
West is very large.
SAVANNAH Ga., May 17.-Thos. Gibbs.
OF this city. has disappeared, leaving be-
hind him liabilities to considerable
amount, but no clue to the direction in
which he has gone.
New ORLEANS, May 15.-The river com
menced to subside slightly here There
was considerable danger at one point in
front of the city yesterday, but it is now
lessened.
New ORLEANS, May 1.-THE crevase be-
low the city is becoming worse tbs stated
that the channel washed through the levee
is fifteen feet deep, and several hundred feet
wide. The new work was washed out rs
fast as put in. The distance Mt this point
from the river to the lake is but eight or ten
miles, and it is supposed that the large num-
ber OF canals and bayous will carry of water
enough to prevent it spreading over a
width OF more than three or four miles.
Several Of the finest plantations in st. Ber-
nard Parish is submerged 1t is stated that
the river above the city only needed a cou-
pie of inches to overflow the highest point
and the levee, in several places near the
city, is IN precarious condition.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-05-18

lForaian na,xa.

MoN1oH, May lathe Bavarian Govern
ment has issued o circular note to the Go
vernments of France, Austria, Prussia.
Baden and Wurtemburg, inviting those
powers to conference to be held in this
city for the purpose Of preserving the rights
OF the church against the State.
CoPENHAGEN, May 14.-At banquet in
Inns city to-day, Mr.. Raaslof, lately Danish
Minister to Washington, who was present,
made speech. In which he referred to the
sale OF the Danish island in the West Indies
to the United States Government. He said
he had great confidence in the American
Senate. When negotiations were made, it
was clear that the Senate would not hesitate
to ratify the sale. The present delay is en-
tlrely owing to old differences between
johnson and Congress
DUBLIN, May 14.-The remains of Daniel
O'Connen were, to-day, reinterred in the
cemetery at Glasnevin, near this city, where
splendid mausoleum had been prepared
for their reception. The ceremonies were
very imposing, and were conducted by
Archbishop Cullen. Great crowds of peo-
pie followed the remains to the tomb, nnd
1t is estimated that 5000 were present on
the ground. Among the spectators were
the Lord Chancellor of Ireland, Messrs.
the Lord Mayor, Aldermen and Concilmen
of Dublin.
vienna, May 15.-On the occasion of the
meeting of the Austrian Chambers to-day,
the President congratulated the members
that the situation of Austria had been
greatly improved. He referred with plea
sure to the Cancellation of Hungary, and
the new laws which had been enacted on
various subjects, and concluded by Saying
that, the Emperor protecting, notGin9
menaces the Constitution, if its friends are
faithful.
MADRID, May 14.-In the Constituent
Cortes to-day the session was mainly occu-
pied in the consi deration of the question
OF future form of government Senior
Orense, one of the leaders of the RepuEli-
can party, made long speech in support of
his amendment locking to the formation of
a Federal republic.
MADRID, May 17.-Cortes have rejected
the proposition for triennial regency.
PARIS, May 17.-The law prohibiting DO
htlcal meetings five days previous to the
elections will be strictly enforced The
newspaper Pays announces n monstrous
demonstration to-day, which the projects
were Instructed to disperse The meetings
are likely to lead to disturbances
LONDON, May 1.-THE critical state of
affairs in Paris is variously commented on by
the press here. It seems to be the general
impression, however, that the French Go
vernment has fomented this discomfort and
adopted repressive measures to stay the dis
orders arising with view to some ulterior
design.
The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1869-05-18
Domestic Nexys.

NEW YORK, May 1.-THE Tribune stock
holders have abolished the Office of manag-
ing editor, giving exclusive control to Gree
ley.
There is much excitement in Wall street,
IN consequence of the failure of German
banking firm, Schepeler & Co., who are
largely short of gold. The general estimate
OF their short contracts on gold is So, ,OOO,-
600. 1t is also understood that they were
short OF Government bonds, and had out
considerable amount of bills on exchange.