, 1873-12-04
THE COURTS,
Tho Motion for Rnffcrty's Flow
Trinl to Bc Argued To-
Dny.
Bill Against John Y. Farwoll Concern.
ing tho Old Merchants Hotel.
Tho State Street Condemnation Cases.

1o,rn. f,,ar,. f,,,..,,, c,o,n r,,.,,,,, 1,rr
~ ; nT;,,on ' ~ u,,"nor a1od % hi1i ~, =,
ohhncory yesterday, III tho Superior Court
nganst John Y, Farwo hTicl,acl Durke, nrt
Hollis A, Dorr, Co.nplaiuauts roprosout TINT In
january. 1a71 nnrro,,rl,s md Munger woro IN.
.ir.a.. ss.', ro' o., aT,,,'as -, ,,...
e'eno'1, t'o'h LOTT "nu A"nRe.i ~ 1onas
from John '. tarwell OF NOE. !4o anti
142 Madison stroot, being wllas wa.
known nj tho Merchants European notcl aud
m e d" armo ts a1st aIo
'ne loI hoto' r"t"eii' oh .no ol7' o! oanua'
~, 1870, camo to thon and proposed to pur-
chase tho Lease mud furniture, as liza had Bold tho
w. An nrronren,out was ,nado ~ hnyo tho ~ =.
n,,uro md tor so so1, w. Tar~o1 -. o WV .u
u'.uto ",lu 'eea' solu W i"r"o41 1T IN appraised
sa'9o' 1la was 70 release q mortgage given him
BY Dorr, and all rents due from comp'alnauts,
Forcnt u hoiro t,rst 0,,nro,so1 i,o NJ 1o.so ~
s, .1s",. :. D"s -aas aprs"seou' Ano tuo 1ease =,
ny nasa'co was quo 20 far"oll' 1t was TO bo paiu
within year, lieu being reserved on tho Lnlto
Forest property for tho amount. Tl,reo ap-
praiscre woro polcctod. who ronorte, tho furnj.
t,,ra nv, ,eas. ~ ~ ..o.,,, et, pno m a ~.
su.s "uu iea'1 " w "o,tu p1l,o''oo, "a ano .no
teslaonce OF iafSoll to 10 worth so,ooo' Fur
ou the property. 1ulnlo1alely nftor tho renli.
sion Of tho award Or atppraiscment, which com
platnnnls claitn III binding now on tho parties,
they allcSe they tcndercd the key and posaession
Of the premises to Fnrwon, but ho rofused to
accent tho sanc, Lut c,us,irinr WITH ono 10
Aliclael BURKE, gained possession Of tho prem
iseB aad opened tho hutcl FOR business.
1t il alleged that Tarwell mud Durko somc-
timcH claim that tin former noyUr purchased tho
tntorcst Of Burroughs and Atun,or, rnd that tho
indebtedness previously alivo is still existing.
Including the amount due on tho chattcl mort
gage, md also the rcnla all which complaiuanta
lllcge would not exceed the sum Of $1,000,
,s,t.
y deny. Durao has filed bill
k,ainst Burroughs aud A1ungor, 10
folccloso tho chatcl mortgage Oil tho fixtures
lnd furniture, which hill is still pcr,tling III tho
superior Court. 1u the fire Of Octobcr 1871,
'ho building, aud most IL not oil OF tho conteuts
ssole destroyed. and If Judgment is rendered
for Dorr. Burl oughs und Mu,igcr, it ia alleged,
Mill lave % to pay II, tho properly raortsnged lay;
nE 5 ben arxs aSi''eye d e t. l. Lave ssS Seeavad Ssse
largo sum from tho insurance OH tho furni-
turc. Compainunts allego moreover,
That Farwcll Las removed a largo number of
trees mud quantity OF Hhrubbcry from Lls
place Mt Lnke Forest, md charge tbat tho use
and occupation thereof is woztG ut lonst 81, 900
year. LII November, 1870, Munger assigned
his light to George Cooko tor $1,000, and in
Oesohor, 1873, Burroughs transferred his i'll
Cooke on Certain conditions. 'NS'
CoMplalnanss now aak lint Ito amount for
which tho chattcl mortgage was given by Dorr
to Farwol may bo declared paid, TINT au the
rents be also considered rs Eald; t|1nt Burke be
enjoinod from forocloHtng tho mortgages that
karwcll may tc compelled to convoy to complain
ants, or such OF them III lay be ontiled thereto,
tho honso ana two acres Of and IL Lake Forest
furniture mud fixtures, tic amount OF Insurance.
tho rents duo; nnd tlnally,, tint Farwoll DO
charged with tue reasonable value OF tho prem
laeH for sto tsmc ho has occupied tham since tho
salo, and tliat he le decrooi to nay such sum
anu convey tho LGEo Forest property, Or pay tle
Val'le anofeof' As declared ny lie award.
TIE nArFEl!Ty CASE. -.,
Mr. Reed, tho States Attorney, went up to
Wanko"all yesterday, to argue The motion for
ne% I'm ~ tue case o. Aaterty, nut lato ycstor~
aay afternoon q telegram was lecciYcu by MIR.
btEcl, hls assistant, saying that lie, Mr. Reed,
Woula not 10 back nut-l tins afternoon, and tho
ease e WI! PropaoIy no argued to.dHJ.
NO reason was givcn III the tele-
gram for the 1nlltlro to henr II yesterday,
lat tie judge was probably absent or sick, or 1t
Gould NOT be 1earu on RECOUNT OF some other
engagements. Much interest is felt IN the ro-
suit, us there WIS but ono exception takon, aud
tho grounds Of error can therefore bs very
small
THE STATE STREET coSpEslsAT1oN CASES.
john a. Huck entered a remttitur for STOOD
ol tho S:o,o ,ooo verdict awarded TO him by the
iury: aGu Jamea Doyle SAID ne wonld shave
e4 ,oo9 from Lis t33, ,000 verdict. a Judgment
~ Tas therefore entered, on motion Of Corporation
Counsel Tnloy, for tho sum Of s404, ,b82.17 against
iho city, and tho motion for new trial With
1rawn.
UNITED srATEs COURTS.
Spencer al. Jnnnsy, Joseph A. Janney, and
William leiner Drought suit aga,nst tho Rock
inland I, a. "oolen Manufacturing Company for
fl,uuo'
Augustus I: Post filed a principe In assump-
vt, aEalntt tho Board Of Supervisors Of the
DoMnty ol halkaAeo, Tor S5,ooo.
William W. Wlldo aud Daniel Eaton brought |
tult III o1ectIAont nenlnst William +. Footo lay
ng their damages at 42,000.
lilo Hnctfold Lie aud Annuity Insurance |
Eompany 1icd bill in cflancory against Reuben |
1. tetteng!ll. their General Agent in the West, |
lsl;tn|s that M account bo tnkcn
Judge Hopkins did not try any cases yesler-
uay, o%!as TO tho absence Of Witnesses or attor-
ncEa. Iae case OF Donald Mckay was called.
bNl tlo attorney for tho priBoncr waH otherwise
enkareu ana tue case WIS PASSED, to bo takon up
W wv ieo u!'I GIL! attallf.
tr,. nAaREurTcY ITEMS.
!, ihe proceedings instituted against tho Ma