The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-04
BROOKLYN COURTS.
SUPREME CousT-GsHEaAL TERM.
T'iitOn VS.. Bowen.

Before Judges Barnard, Gilbert and Tappen.
Theodore Tilton, intending to sue Henry G. Bowen
for breach OF contract with him editor OF the
Union and contributor to the INDEPENDENT obtained
an order from Judge Tappen last December allow.
ing him TO examine Bowen under the statute for
Bowen applied TO Judge Pratt To have
the orders vacated, and that Judge de-
cIded thai the examination must proceed In
the OF the Union, but set aside the order In the
other case An appeal was taken to the General
Term which has just decided that the examination
must proceed in both cases.
The Contested Assessment Cases.
The General Term has decided that the certforart
must be quashed without COSTS IN the case Of The
People ex rel. hudson VS.. William A. Fowler (Presi
dent CT the Water Board) ct al. This is a suit IN
volvng the collection OF the assessments for repay
ing Fulton avenue and has previously been re.
ported in the HERALD.
In another assessment case, entitled "Horace
Waters vs.. The City OF Brooklyn" upon which
depend SIX Others the Justices were unable to
agree. The case therefore, goes TO the Third judi
cial Department, composed OF Justices Hogeb com,
ingalls, and Learned. The Third Department Is
made up OF the Third, Fourth ana Sixth judicial
districts.
william Johnson VS.. John p Elwell.-Judgment
for plaintiff upon the verdict with COSTS justice
Gilbert not s,tlng. Opinion oy Justice Barnard.
William THOMPSON CT al VS.. Gilman Dudley
Judgment and order denying new trial affirmed,
with costs. Justice Tappen not sitting. Opinion
George @. Harris VS.. Margaret Wade Judgment
affirmed. with costs. Opinion by Justice Barnard.
Oscar oyt VS. rne6e D.
Opinion by Justice Barnard, Justice Happen not
sitting
Judgment affirmed, wltn costs. Opinion ny Justice
Tappen.
Thomas Jones VS.. Brooklyn Life Insurance Com
pany.-Order denying new trial affirmed, with
costs. Oniliion by Justice Barnard.
William A. Colt vs.. Joseph y. Stewart, Nos. and
2.-Order sustaining demurrer to part OF answer
versed with leave TO plantlff 10 reply on payment
OF costs. Opinion by Justice Barnard, Justice Gill;
Mary Owens, Administratrlx, vs. Steam Derrick
Company.-Judgment ano order DENYING new trial
reversed, and new trial ordered. Costs 10 abide
event. opinion by Justice Barnard.
William McCaiierty VS.. Spuyten Duyvil and Port
Morris Railroad COnpany.-Judgment reversed and
o new trial ordered. Costs to abide event. Opinion
by Justice Barnard, Justice Gilbert dissenting.
Sarah +. A. Burtls VS.. James ". Amory.-Judg-
ment affirmed, with costs. Opinion by Justice Gil
bert, Justice Barnard not sitting.
John A. Thompson, Executor, VS.. Isaac G. john
son and others. Isaac &. Johnson vs.. John A.
affirmed, with costs. opinion 10y Justlce Gilbert
James o. Swartwout VS.. Cornelius l.adoux.-Judg.
ment affirmed. Opinion by Justice Happen.
Town of Pelham VS.. Cornelius Corson ana others
order vacatIng injunction affirmed, with costs.
Andrew S. Wheeler VS. A. d. Cluiterbuch.-Judg.
ment for defendant upon case submitted, with costs.
Opinion oy Justice Gilbert.
Annie NJ Palmer vs. George W. Palmer ct al
Judgment Tor pialntiif upon verdict OPINION by
Justice TappeD, Justice Gilbert not sitting
In tDc VI uCuulSlLOn Oh ldu1y, &C, DY
RhinebecK and Connecticut Railroad Company
Order affirmed, with costs. opinion by Justice
Tappen. Justice Barnard not sitting.
In the matter OF application or theodore TilOn TO
examine II. y. Bowen, NO. l.-Order for eXamina.
ton IN the case against the Cnton affirmed, with
$40 costs.
same matter, No. 2.-Order refusing examination
In the against Bowen reversed with $40 costs.
Ambrose snow ct al VS.. Mercantile Mutual In
surance Company. Judgment affirmed. opinion
by Justice Tappen, Justice Gilbert not sitting.
Henry w. BlbDy VS.. Augustus Van Cortland
Dacr Of IN rpn N
be tried by Jury. Opinion by Justice Gilbert, JUS
tice Barnard dissenting
Sarah LiscomD VS.. New Jersey Railroad Com
pany.-Jndgment affirmed, with costs. Opinion by
Justice Gilbert.
Daniel H. 1rawley vs. Flushing and Northside
Railroad Company.-Judgmcnt and order denying
new trial reversed ana new trial granted: costs to
abide eveut. Opinion by Justice Tappen, Justice
Gilbert not sitting.
Plat I. Gould vs.. Henry X. acknowledgement
affirmed, with costs. opinion by Justice Tappen.