The New York herald., 1872-08-01
COMMON PLEAS-SpsCIAL TERM.
Suits Growing Out OF Alleged Lottery
ransactiOns.

suits Growing Out OF Alleged Lottery
Transactions.
Before Judge Larrem0re
Charles ID. Fredericks Va. Oliver ID. TaylOr.-The
plaintiff sets forth in his afidavt that in February
last he loaned to the defendant 81, ,o00 and In March
further sum Of s1,os3 40, that the understanding
was in both that the money should be returned
when requested; that there has been paid 81, ,3Os,
and that pa yment o the remaining Indebtedness
is refused. Judgment IL asked for the amount
e sWer sets ~ up that % the alleged ndebteness grew
ont OF transactions In tickets OF the Royal Havana
Lottery; that instead Of his owing money TO the
plaintiff the latter is indebted TO him, and lastly
that the transactions were wholly illega! and In
violation OF the laws OF the State. The case came
up on q motion by the defendant for security for
costs pending an appeal from an order dismssing
motion for judgment ON the answer. II was urged
for the motion that the plaintifi, though living in
Is asked fSr The sce Complaint Was ' characteT sSsc
Tsa tHa owing to the illegal Character OF the ransnc
tions out OF which the suit grew no recovery could
lie obtained. In opposition to the motion 1t was
urged that there was no truth In the answer: that
Mr.. Fredercks had nothing TO do with the purchase
Of lottery tickets that the motion was made for
sinister purpose; that Mr. Hedericks had been the
leading photographer In this city for nineteen years
and had amassed a fortune in the business, and was
capable OF giving bonds in s25oooO If necessary and
that though having country villa in New Jersey,
his real residence was in this city, Messrs. Anthony
II. Dyott and L. D. Fredercks appeared lor the
which was lengthy, the argument In some similar
suits against the defendant upon Ike motion was
heard. The Court took the papers.
Decisions.
ArronQO vs. LopeZ.-Order settled.
The Archer & Pancoast Manufacturing Company
We. Thomas--Sale set aside on payment Of Shcrirs
fees
Henry VS.. Fower.-0rdercd that the Comptroller
pay 81 900 in his hands due 20 defendant 10 plain
Tins attorney, to be applied on plaintiffs Judg-
ment
Grise We. Madden.--InJunction during pendency
OF action granted.
Donanu w. Cathcrwood.-Orlcr granted.
Campbell vs.. Goetz ct ai.--Deault and Judgment
thereon, as against defendant Goetz, opened and
vacated, aud said defendant allowed 10 come in
and defend.
Green vs. Smih.-Ordcr settled
Herman w. Brauer ct al.--Order containing in-
Junction
Bcrraf W. Sapuclson.-Motlo for reference de-
MED, with $40 costs 10 defendant.
Harrison W. Harrison. discontinued
other.
Barpstorf vs. Hoaher.-plantln 10 file security
Tor costs Withln two days AFTER service OF order on
plantilr's attorney and give due notice to de-
fendant. All proceedings be STAYED until such
security and notice be given, and until Justification
or the securities II excepted to, defendant to re.
ceive SO costs Of this motion.
Liby ys. Smith.-Plantilf to recover from the de.
fendant the damages sustained on account of the
action. That damages be assessed by Jury and n
writ Of Inquiry be Issued by the Sheriff Of the
county.