New-York tribune., 1869-02-26
CIVIL.
The case Of Bernard samuels agt. John NJ

TTn CAST
Donald was commenced ~ the Superior Cost Trial 1n
yesterday The plaintiff came some two years ago. iron,
which IL had handles. and were checked on lizard tho
snip 10y man puTporpg 70 come fToiH Castle Garden
yaInohle wearing apparel was lost, aud the plaintiff
iswho was responsible Case stlll on.
In the United States Circuit Court. before
Judge Blatchford, the Of Clement ag tho PhGui1
FiIe Insurance Company Was commenced Ihs ~ suit
by Clement DlitcfHne 81 DJkersbnrg Kentucky TO re-
cover for n loss on quantity of tobacco insured by
fendants 1t seems that on the sh Of August 1851 A. IT,
Cardozo Co Of this city To whom the tobacco had been
consigned by Clement Dternc obtained an Insurance
from defendants for tho benefit Of whom IL mlght
concern the tobacco then being IN transit and owned by
the consignors The tobacco Insured for its fu
value, ;560 On the I'd Of August 1861 boat on which
the tobacco was being conveyed sank about 20 hilIcs
below Cincinnati and the tobacco became so damaged
that at sale directly aferward 1t only realized about
amount obtained at the SALE with Interest added from
date OF demand for payment being sea6 S. Tho facts
Of law Tho defense refuse TO pay on the ground that
against according their construction. total loss Of
s56Oo and also on tho ground that 1t Is not clear buthat
the insurers the time Of cecng the Insurance
not cognizablo of tho loss having already occurred
although there Is no direct proof ono way or the other
Case still on
In the Superior Court, Special Term. before
Justice Freedman, the OF DAVID Winebrcncr agt
Frederick johnson and Catnarine A. Cornell
inenced This is an action TO determine the title to
peco OF property at the corner OF Houston and Alensts
known Hermitage Hall, part OF which was at ono timo
occupied by the eity as a Court House; winebrener
foreclosure. Theodore T. EdgertOn and scbra Brtton
recovered o Judgment against Thomas Reilly In
September. 1854. Reilly, obtained the properly
by deed In partition suit Juno 9, le5f,
and the same day executed mortgage
for t6O0, AVID four small mortgages IN all amounting TO
81 $50 In April 1858, foreclosure proceedings com
monced on tho larger mortgage, but without making
Edgerton &c Britton parties Under these proceedings,
the property sold to Johnson for $1,000 and conveyed
to Johnson Charles by Cornell Charles g. Cornell sub
sequenty conveyed his share to McMann, aud McMann
conveyed 1t to Catharne A. Cornell. Execution was
issued In 1882 tho Edgerton suit and February s.
1861, the property was sold, under the judgment
against Reilly, and conveyed to the palntif. The
property had long been In litigation Some
years ago tho defendants evicted william 4.
Reilly and others from the premises by "summary
process and after going to tho Court OF Appeals
compelled TO restore then the proceedings being invalid,
and suit pending for the costs OF that proceed
ing. The plaintiff up that no rendered the defend
ants satisfaction OF the mortgages and demand
ed from them qultcaim deed. but they refused Ho
claims that the plaintiffs should account with him for ali
the rents and profits OF the property during the years he
did not have possession and claims that since May lsSs
tho time Of tho restitution, he has been
in possession. Tho defendants claim that the
Judgment has been paid, and that tho Issuing
OF the execution by eoluson between Edgerton aud
Reilly It being arranged that onehalf the property
should bo conveyed TO Reillys son, William 4. They
claim that this has been DONE and that therefore the suit
defective in parties They deny any tender and they
deny that the plaintiff Is In possession. Tho Is
still