The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-05

SUPREME C0URT-spEClAl TERM

Cornell University and tho Agricultural Col
lego Land Scrip-suing Ezra Cornell for
$4,000.
Before Judge Gilbert.
william A. Woodward vs. Ezra Cornell. The
Legislature Of 1869 passed an act giving the Cor
nell University &C Ithaca, the whole OF the 'Agrcul.
tural College Land Scrip" to which New York State
was entitled by an act OF Congress giving to each
OF the States quantity Of the public lands In the
surs Colleges p"' fSe Share New ef York
lature giving the scrip the Cornell University pro-
vded that Cornell, the defendant here should give
anentIy he bought OF the State all the scrip, payn9
Tor It fifty cents an acre, and also giving bonds that
nc wonld account to tne state for an the proceeds OF
He then proceeded TO locate the lands and dispose OF
them as ne could the result or which will be. as al
legged, That the University VIII nave an endow.
ment more than twice as large as IL otherwise
would, while Mr.. Cornell makes no profit
holder or trustee Tor the University. lie employed
the plaintiff In locating these lands, and now Mr.
S116 POS, alleged to be due. HIS statement Is that
III 1866 MIR. Cornell employed MIN 10 superntend
assistants in the Western states, ami particularly
III wisconsin, government lands OF suitably guality;
to pay Ior the same as wen as TO pay the land reg
1sters and receivers fee to procure correct the
patents, TO open and keep accurate books and en-.
tries OF The transactions, TO do what necessary
10 accomplish the entries and to furnish q history
OF the lands. This he agreed to do Tor the sum OF
thirty cents per acre, reckoned by the NUMBER OF
Mr. Woodward selected and entered In the Govern.
ment Land once 3lso pieces OF College Land scrip
Of 100 acres each all to 5lO 400 acres
In and about this business ne paid out and dis
oursed IN all about $3.50 775 81 Of all OF which he
made reports TO MIR. Cornell, vino approved and &C.
cepted the reports. Between the ist of April 1869
aud the LIST o. August 1871, MIR. Woodward was
employed as ne alleges oy Mr. Cornell to put the
vices " were .o, worth $4,000 year third
as he claims. Is his compensation for services in
1866 IN ouving ground and water power at Branett
ing maps, &C., to establish the village OF "COrnel,u
and also In procuring the passage by the LeQisa-
Der Manufacturing and Improvement Companyu
This service, he claims be worth S. 500 Plaintin
set forth there became que him $3.50, 775 of which
he mad received IN cash $685. leaving the amount
MIR. CoRNELL's DEFENCE.
On the part OF the defence Mr.. COrnel claims that
he represented to Mr. Woodward In 1866 that IL was
benefit OF Cornell University and without profit to
himself, and MI. Woodward, pretending great re.
gard and admiration Tor the University and great
anxiety to advance Its pecuniary interest," proposed
10 MN TO become mis- agent the location sale, &C.
cost OF the location, management Of sale &C. would
not be more than $l5 per quarter section for farm
and $50 for fine land and he also proposed to locate
twenty pieces OF 100 acres each, paying himself all
these expenses and MS services mis- gift to the Uni,
himself necessary Ill locating the lands and was to
walt until the iands were sold for his reimburse
OF land TO be personally examined by competent
agents. noting the character and quality OF the
Mr.. Woodward do Mr. Cornell had to advance the
money, and the land was not personally examined
resulting from this want Of personal examination
OF the ands-tat Is to say, the difference IN value OF
selected If the agreement Of MIR. woodward had been
faithfully Carried out-ls 100000. number OF the
books and memoranda OF the various transactions
Mr. Cornell also sets up counter claim OF $3.50 900,
which amount he asserts he has lost.
The case Is set down for trial in Orange county
where the plaintiff ves but yesterday delendant's
counsel moved before Judge Gilbert TO nave the
venue changed 10 Tompkns county, where the uni
versty Is situated ana wnere defendant lives The
ground OF the motion was that the greater number
opposed, and the Judge took the papers and re-
served his decision. ~
The suit Against the Board Of Health.
Mary j. Remsen brought suit against the Board OF
Health, Dr. Cochran and another to recover $40 600
Tor the loss OF her son, who, while suffering from
smallpox, was taken TO the hospital where ne died
Corporation Counsel DE Wit lnlerposed demurrer
to the complaint. He argued tnat If any liability |
being but department OF the city. Justice Gilbert
Yesterday annulled the demurrer, with costs with |
leave TO defendants 10 answer on payment of cosls
The Mnnnings.
Before Judge Pratt.
Judge Pratt yesterday rendered q decision dis
solving the Injunction restraining John q. Manning
from dIsposing OF his drug business at Clinton and
Baltic streets the order to be settled on two hours
notice. Mr. Manning's wife, as already noticed
had brought an action against him Tor divorce on
The ground Of cruel and inhuman treatment.
Decisions.
by Judge Gilbert
Harrison Cocks W., joan W. Iravis.-Judgment
or defendant, with costs. Opinion with Justice.
Caroline y. Pendle Va Richard M. Pendle.- |
Judgment Jor plaintif.