New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-03
CIVIL NOTES.

The firm OF Charles CayarOc 81 Sons OF New
Orleans La, being sued the Supreme Court here
by Louisiana National Bank Of Neworleans, for the
dcJt OF $4,000 arising upon certain bS OF
exchange An at achmelt has been lSsled Ia the SUIT
against the defendants property.
In the Marine Court Part H., yesterday,
before Chief Justice Shea, Frederick W. Hoffman
brought suit against Thomas f. GaGer 10 recover si25
for painting the defendants portrait Tho defense vas
that b. done To be entirely satisfactory 70
the deenaant aud his friends, and they all agreed 10
he plSntn for 800 T. Goldsmith for the plaintiff aud
D. IL. Dukes for the defendant
The case of Charles Smith, who sued the
Corporation as assignee Of Nelson Smith FOR 1854, al
legged to be due professional az attorney for
the Recover of Taxes under an appointment by Richard
OGUrmdn late Corporation COUNSEL was uleu yesterday
In the supreme Court before Jalse st I i ino
defense that power existed 60 make the appoint,
ment, and that If there the Receiver of Taxes sh0nd
pay the claimant out OF hls PERCENTAGES. JadSe .ah
Brunt directed verdict for Mr. 5mith for the fuil
amount claimed.
Edward Matthews leased certain premises in
Centre-st, NewYork to Calvin witty In March, 1859.
for three years annual rental OF $1,000 In Fob
ruary 1870, fire destroyed the premises witty sub
sequenty brought two suits against Matthews to re-
cover " $4,000 the damage he claimed he had
sustained by being forced ont Of the premises On the
second trial SCI 900 motion made by the defendant
for stil another trial denied yesterday b. Judge
McCle in the city Court.
In the Marine Court, Part II, yesterday, be-
fore ChiefJustlce Shea. the following inquests were
taken for tho plaintiffs with costs: j. H. F0siek agt.
Patrick Ryan, for s57 f. " b. Kssim for the plain
tiff, and sewell Il Parker for the defendant Sarah
allowance j. L. Pfce for the plaintiff, and E. NJ. Felt
pnroLhardt and others Verdict for the plaintiff for
s14 90 Win costs and SOS allowance j. H. & b. T.
Watson for the plaintiff aud j. cornell LOT inc ueIehuan
Surrogate Hutchings heard testimony yester-
day III relation the will Of Richard r. Butler. Miss
Mary Butler testified that her brother, while In the
Ludowst JAIL did not appear Insane, and that she had
never seen him intoxicated. X. II. Clifford, brotherin
law OF the deceased, testified that Butler always ap
peared sane and that he was very kind to his mother
aud sister When Butler was sbout sailing for Englnd
ness that he had made will giving all his property To
mother and had appointed nun one OF tNe executors
Butler further asked him TO promise to prevent any at
tempt thai might be made 10 deprive his mother OF the
property, Tho further hearing OF the case was here adj
joufned b. f. Dunnng, for the prepayment; samuel L.
Courtney, for the contestant.
In the Marine Court, Part H., Yesterday, in
the case OF Dennis Christie against Henry Bergh Pres
dent Society for the Prevention Of Cruelty 70
Animals ChiefJustce Shea delivered an elaborate opin
ion deAuiug the powers OF such officer in making
arrests and calling the police to his aid,
and also the rights of the public under such
eeamances The RoTGr to arrest t5S PSs mp
vas responsi olo '0nly for abuse Of power As the
mere que suOa OF the authority 10 arrest was before the
Court and as there was no aysrnenI that mere had
been abuse OF power, Mr. EeFgh was dlsdrgeu ifom
arrest. The opinion considers the pory OF te statutes
ia suDerSedug tho rule OF common law lu respect 10
arrests IN cases OF misdemeanor
I'm the Marine Court, Part l.. before Judge
Curtis Arnold Flesh and others obtained an inquest and
Judgment yesterday, against NJ Tsch FOR $50 49, with
costs and s15 allowances; Blumenhai Ascher for the
plaintiG aud Veho Rowan for tne defendant. Henry
L. volkenning agt. Fannie Brown; case dismissed;
2 Thompson for tho plaintiff, and Darlington and
others Tor the defendant. Isaac Froese, ir, agt
Iohn galston and others yerOlet for the plautih
Tor s7sg %; Abbott * Fuller for the PLAIN
". 1r,
carl H. Schultz ast. WhitsOn Oakley and others. The
plaintiff IN driving down Twenty fOurtlst, last June,
came into collision with wagon driven ~ AN empIoYe
of the Defendants aud claims OF them 500 damages.
The evidence was very conflicting, each claiming tlat
fine other was at fault; verdict Tor the deeDdant W.
W. Bliss for the plaintiff, nnd A. Aiken for the de-