The New York herald., 1869-05-11
The LIE Grand Fraudulent Bond Case-A
Remarkable Confession.
SUPREME CCUaT-GENsRAL TERM.
The Langton Contested Will Case.

Before Judges C,erke Ingraham and Peckham.
John McC2oskey Us. Lydia M. Langton.-Ths case,
which has been previously reported. was an appeal
from the decree or the surrogate, refusing to ad
nit to probate the last will and testament OF Patrick
M.Laneton, deceased, which left to the plaintiff
Archbishop McCloskey and others, a large portion
OF the testator's property. IL was claimed by the
appellant that undue influence had been exerted
upon the deceased to induce him to frame the VIII
in this particular form and thathe attestaton or
Acknowledgement Of the signature oy the witnesses was
defective and irregular Judges Barnard and Suther-
land both render opinions holding that the
weight OF the testimony is in favor of
the appellant ~ and Judge Barnard G decides
however, holds that the power OF the court In
the case can scarcely amount TO an absolute rever-
sal, and that feigned Issues should be framed for
trial before jury an that the question as to whether
the provisions OF the will leaving property to an
cesastical institution is contrary TO public policy
left to be decided on the main question as to the
merits OF the will ITSELF Decree reversed and issues
directed to be tried before q jury.
Interesting Decision rs TO Liability of Rail-
road Companies.
Mag7tee u.s. TIE Camden ana AD,boy Railroad
Compony.--The plaintiff shipped goods from Louis
vile to New York by the Jefrersonve Railroad, via
Pittsburg the contract specifying that the trans
portation was to be "a rail-" The goods were
brought to pier No North river by the defendants
and there destroyed by fire. By the terms OF the
contract made IN Jerersonvie the shipp ers
were exempted from liability for loss by
the ground that the provision against liability for
IRE was void and against public policy. and tnat 1t
only protected, in any event, the Jeffersonve Rail-
road Company and none OF ITS connections and that
the Camden and Amboy Railroad Company had
by the roa to whence ny Wera
brought 10 this city over long water route by ferry
or steamer. On the trial Judgment was given Tor
In his opinion on the appeal Judge Cierke holds
that company may protect itself from liability as
notice; that the ..all raiin contract must be con.
strued reasonably in view OF the fact necessarily ap
parent that ieyres must be crossed In coming into
this city 0y.an the southern roads connections.
Also that the JefYersonvile Railroad Company. in
making this contract for transportation to New
York, must be held to have contracted with the
plaintiff for all the connecting companies as their
agent and the contract, therefore, protected them
Judgment affrmed.
Edsau Us. The Some.-This was q similar suit,
excepting tnat the goods we're shipped by the Pitts
burg, Fort Wayne and chicago Railroad Company .
The plaintiff obtained judgment, and the judgment
was reversed for the reasons governing the preced
ing case
Loss Of Baggage in Transportation.
Zeno r. BureA u.s. The Nep York central Ran
road Conapany-The plaintiff was carried fro m Pal
myra n " to this city, and after his arrival here
allowed his baggage to remain several days at the
depot 1t lost when he did apply for it, and he
obtained Judgment against the company for the
value OF the property. The defendant appealed from
the Judgment and Judge Clerke In rendering the
opinion OF tue court holds that the defendants or
DdlleeS, tne HNusOu CANNOT De
held liable where the property Is not removed with
In reasonable time after Its arrival at Its destina
ton, during which It could be removed. Tue de-
storage where no contract Is made. Judgment re-
versed and new trial ordered.
Decisions Rendered.
CASES ARGUED AT JANUARY TERM 1860.
Before Judges Clerke, sutherland and Barnard.
n. the Matte1''o5 Proving the Last vu and Tesla
naert or Patrick NJ Ldnoton.-The decree OF the Sur
CASES HEARD AT APRIL TERM 1869.
Cook Us. The state National Bank of Boston.-Orde
reversed opinion by Judge lngraham.
Aspfnr0it us. hoore.-Judgment OF the special
term reversed; provision as 70 costs affirmed
Wtlleu u.s. TIE sun Mutual Insurance CoJnpdny.-
Judgment ordered on the verdict opinion by Judge
bartholomew rs Terrv.-Judgment affirmed with
COSTS opinion by Presiding Judge Clerke.
Tuvtor ~. The Quicksilver Mining Compohy.--
order affirmed with costs. OPINION by Judge Ingra-
Magnes Us. The Cumden ana A,nboy Roaroad
Conpony-Jndgment affirmed with costs. opinion
Flofo vs. Osoood q Curtis, Observation-Disclosures
afnrmed with costs. opinion. by Judge Ingraham.
acknowledgement reversed; new trial ordered; costs
TO abide event. Opinion by Presiding Judge Cerke.
order anirmed with costs. Opinion by Judge Ingra-
ham.
Kinnter rs. xfnnier;-order ar1rmed with costs.
Fgvnn Is. iNnith el at--Order afirmed with costs.
Opinion by Judge 1ngraham
CDtifns rs. Clark ct al Judgment reversed. re-
port set aside and the case sent back to the referee
with directions TO let the evidence stand and leave
TO either party to introduce further evidence Costs
TO abide event. Opinion by Judges Clerke (presd-
ing) and Ingrahan.
BmrNl ~. The Ne,c Pork Central Railroad COM
pdnp.-Judgment reversed report set aside and new
trial ordered. Costs ~ abide event.
Oteridnde Us. Ross,Co0 e oI--Judgment aYlrmed,
with costs. Opinion by Judge Clerke, presiding.
.yty,onQ vs The National Mechanics Bdnk.-Ths
appeal Ii dismissed, with costs. opinion by Judge
Sutherland.
Tinlnsrmdnn ps Boenkten.-Order Of the surro.
gate reversed with costs, the proceedings to be re-
mtted to him, with directions TO award letters OF
administration 70 the appellant a. next OF kin to
the intestate. Opinion by Judge Peckham.
Applicants for Attorneyships.
The swearing In Of attorneys recently examined
and passed for admission to practice has been ad.
journed TO wednesday, 18th inst, at half past ten
SUPREME COURT.
Important 20 Landlords ana Tcvsnta.