The New York herald., 1869-06-12
SUPREME COURI-GeAEaAL TERN.
A Complicated Lease Case.

COmpucieO Le8se Cases
Before Judges Clerke Barnard and Card0zo.
The People eI rel Mar0aret r. Dunn u.s. Fred
erich d. Tappan, Trustee, ana Others.-Two cases
mixed up in this suit came before the court on
certiorari to Justice Bull OF the Eighth Judicial Dis
trct. BY the return 1t appeared that summary pro-
ceedIngs we're instituted against William ]. Dunn
and the undertenants in tenement house to obtain
possession against the defendant Dunn for holding
ever
The case No. referred to house No. a25 West
Seventeenth street; and 1t appeared that Cairns
who had a life estate gave lease to Russell vii.
kinson for seven years, in lSi7, which lease expired
In 1854 and that the defendant (Dunn) as assignee
had held over Tor years. paying no rent that Cairns
entitled TO the property under the will OF George
Rapatje, and made trust deed OF the property
appeared and made an aiiidavt controverting the
facts IN the alhdavit OF the landlord.
acnOn NO. = whicn reeraea 10 20 NO. 50. weat
that the lease from Cairns In that case was to Wm
Dunn directly; rect II appeared that at Wilkinson @ Is
habit OF letting, collecting the rents ana paying over
no rent TO any one The Justice gave Judgment for
points were taken and objections urged TO the pro.
ceedIngs by d. NJ Porter as counsel for Mrs. Dunn.
II. Brewster for the respondent insisted that Mar.
garct F. Dunn not being party to the proceedings
had no standing In court and cited this case OF Stark
weather vs. Soeey, 40 Barbour 164.
The Court so held, and ordered that the certorari
be quashed with costs to respondent.
A Quarrel Among Lawyers.
IN re RaD.-Messre Dawson and Ham were re.
Gently partners In business, but the latter was
pelied to sue for dissolution OF the partnership,
and also instituted an action against Dawson for
SANDER. Mr.. Dawson now asks that his former
partner be thrown over the bar. 1t would appear
from the anidavt OF Dawson that their firm was en-
pl0yed 10 collect debt OF $1,000; Mr.. Ham having
as alleged assured the client that the evidence
ample and the debtors solvent; thai subsequently,
Mr.. Ham compromised the claim for s2ll 3e, not
only without hls partners consent. but against his
express wisn that he had been since applied TO for
the money by tire client and had said he was unable
70 pay, but would At some future tlme
Mr.. Hams counsel said the dntyllts or the pro-
ceedng was evident but suit had been commenced
for this money against both the partners which was
perhaps q cause for that feeling on Mr.. Daws0n's
part. TIL that was decided this proceeding was pre-
mature and the Court was bOus1 to dismiss IL.
Mr. Justice Cierke said the two proceedings were
Counsel for MIR. Ham said they had so fully relied
on this point that they had prepared no aifdavIts;
that hts client was ready and willing TO pay over
the moucy II it was proper to do So II the Court
decided against them they should claim the right to
Mr.. Dawson said the reason why Mr.. Ham had no
aildavIts was that he could not deny the facts.
The Court took the papers and reserved its de-
cision.
Tho Appleton Case Again.
Warner ps. App,eton.-It VIII be remembered that
suit has been pending for sometime In the name OF
Samuel F. Appleton to set aside his marriage with
the defendant on the ground that her former hus-
band the plaintin In this case, was still alive That
case with varying success. has been going through
the courts for some years. This suit has been com.
menced by the first husband to set aside the second
marriage. The defendant demurred for various
alleged defects In the complaint the chief being that
there was no allegation OF residence OF the parties
The Court below gave Judgment for the plaintiff on
the demurrer with leave TO the Defendant to answer
From this decision the defendant appealed ana the
appeal was argued to-day.
The Court reserved lts decision.