, 1873-06-21
The Loss Of the Dotroit---Shipping
Insurance Trial---Verdiot
for $8,l40.
Tho City Seaycnging Caso--- Judge Will
ianls Decides that Tho Board Of
Health Alone has no Power
10 Mako Contracts.
Tax-Deed lnjunctions Granted.-.A Sin
gular Will Business.

james Leary Again in Trouble-..1n
Observation-Disclosures
Court News.
In Judge Woods room tho interesting insur-
anco caso Of Porter aud Fnllar Y. tho Mechanics
aud Traders Insurance Company Of New York,
was tried. Tho dofonlauta failed agnally to
Bhow TINT at the time plaiutiirs applied for tho
change in their insurance certificate they (plain-
tifYs) wcro aware of the loss Of tho vessel. The
transaction ns shown By the evidence was sinp-
1y this: Mr. portor chartered Of Dallentyne
Co., of Bay City, tho bargo Hunter to bring
load of lumber from Bay City to Chicago. After
Porter left Day City Ba7lantyne l. Co. got por-
tor's agent to change tho cargo from the Huntor
to tho Detroit. Tho first intimation
Plaintiffs got Of tho change was tho ro-
coipt of bill Of laaing, on Sept. so, upon
which, their bookkeopor had tho certilcate Of in
eurance encloaod In lettor to E. L. Bruce. tho
Insurance Agent, for the purpose Of having 1t
chnngod. Tho jury in the case brought In
verdict III fayor of plaintiffs for s,14oo2.
TIE orrY aoAvENaEnISa.
Judge Williams, yestorday morning, delivered
q dociB1on In tho caBo OF Cunningham & Gray Y.
City of Cllicugo iu which plaintiffs, who were
voted tho job Of tho city Bcayongerirg from May
l, 1873, which vote was afterwards roscinded,
sought to rostrain tho city from granting tie
contract to any ono elso. and any ono else from
ncceptingit. Aftor reviewing the cirou1natanocs
tho case tho Court lookup thoquostion Of whether
or not the Board llad power to bind tho city, Ito
decided TINT it's functions aro merely auxiliary,
,tB financial vitality storived from tie city, and
1t has not tho powor Of maintaining separate
oxistonco. Tho next question WAS whothor tho
Common Council, having RoWor no to DO, had au-
thorized the Board Of Health to lot tho bcayongor
work to bidders. This tho Court docided they
lad not douo. In conclusion the Court said:
The complainants having in this caae far as yot
appears from tho record, mado honest bid, mud
eatIan t at thoreo s' hnyng nyi IN soo t si
tractcd largo indebtedness with reference 10 their an-
ticipated execution Of The contract an 10Th to hold
Uoarsl Of Health woro not authorized by the Common
Council to let s contract to con,piaifana, or to any
QUO else, md TINT Tho contract even If authorized by
ths ordinance, was incomplete until tho Common
Council had made tho necessary appropriation for the
acavenger work, cannot aged tls conclusion that I:
Ia contract ultra wives, and thatit cannot be enforced
by eomrnlnaa.s ether st aw Or, OF ~ ~. eaaity y y
Ball. Is ulao invalid for tho REASONS abovo ssaed, and
therefore that tho complainas haya right, as tax
PAYERS rssort TO- eofs Of n eGy y tor an Injunction
cut 10 Ray that tho allegations Of tho bill aro not e!tli-
cient TO cntitlo con'lainants to such writ aa tax
paycrs ony. They do not disclose tho extent Of their
iniorcot to show Tint they no damnacl to any a
r7ocIabo extent Wlather with further and other a.
co;d rsstlni1 tho i city from milking Payments Upon
contract originally invslid but nron tho performance
ton not now before mr. ant upon which express no
opinion. Tho motion for al injunction must oa
dc,.iol.
TAX DEED 1aJuNcr1oSa.
James Norton files . bill III the Circuit Court
against William Kolsoy Koad, George lleed, tho
Illinois Land and Loan Company, Joseph Pol
Ink. County Clork OF Cook County, and the City
tinoiion- restraining; tie defendants, william
b-z Ill., ~
Land and Loan Company, from applying for OF
taking any further action to obtain or procure g
tax decd Of Lot l6, Block 10, Ogden'a Addition
70 Chicago, and restraining County . Giork rollai
lsocd, George Heed, or tho illinois Land and
Loan Company, or other holdor Of tux certificate
made by tho City Collector on tho a2d Juno,
1871; Tho lot WINS sold to satisfy O
ing West 1ndiana atroot from Deaplaino3 tc
Rucker, which assessment complainant alleges
was Illegal in several vital respects. Tho
amount OF assessment was Sill, nud w.
Kelsey Heed wants double that sum to roleasc
complainant. Tho samo complainant files
another bill against John 7. Forsythc, County
Clerk polfak aud tho City Of Chicago, for nj
injunction restraining Forsythe from procuring
Of Lot il, Block 1o, ogdon's Addition to Gil
cago. In all other particulars this bill re-
Ao.llbloa the previous ono. In both casos in.
functions woro grautcd BY Judge Williams.
a 1AEtTt MILL IGblHESS
John Joseph McNulty, minor, files his bill il
tho Circuit Court against Ann McNulty. Com.
pln;nant eyers that on tho 18th August, 1871
one John McNulty died, lowing behind him tic
east-ha1f OF Lot 2s, Block 10, School Section Ad-
dition 70 Chicago; that this property he bo-
tiueathed as lfo interest to his widow, tho do
fendant, md aftor her death it Was to 60 to hiE
missing son Owen. should ho ever turn up alive
falling which tho plaintiR li was to hayo possess;
on good tarma with hia wifo'B relations, would
,o. hayo anything to do with tllosn in any way,
aud often stated TINT none OF hss wife'f
property that tho will leaving lila property ii
aboyo mentioned waa duly admitted to probate
aud, together with all Other papcra connected
with thematter, wore DESTROYED BY tho great fro
ridden woman Of 70, have causcd her to llaye re-
corded in Cook Conty Court @ pretended copy
Of tho will which gives to hor tho land in foe
aimplc. aud that they aro onaoayoring to make
her tranafer thom tho property to lndor which
complainant l.aa obtained t. writ ot injunction
by Which tie old Indy III restrained from making
any conveyance Of tho la,d until the whole mat.
ter Las 1'oen settled in a Court Of cllanccry.
SUIT FOR DAMhnEH FOR NoN-DEIIvEMY.
D, Hermann Lomer, r. ". lieunoman, ant
AlcxauIor bring suit in the United States Cir
cult Court nt,nillst Edward, Joseph, TLomas, a1st
Daniel Willet!s: ConlplalnautB allegc that Of
ants a ao5 @ q w$ oare ns fH sfsns
cruesoryware, ut tho ratio OF 371 por cont din
count from tlo price lBt, tho goods to he phi.
for In cash OH tLor arrival in Now York, and t.
bn roady for shipment from the port Of lIiyorpoo
III the month Of August: TINT although reaaon
ahlo time haa elapBed since, aud complainant
Lnyo oyor boon willing to receive said g'ods an,
pay for thonl ut the price aforo,aid, vet tho do
>fcndauts have not delivered tho same, hut hay
failed wholly to do SO, to tic dsnaagn Of plain
till of s., 600. This suit was originally com
rncnced iii tho Circuit Court Of Cook County
but is transferred to tho Unilad Btates Court
Ut tho request Of lofondunts, who aro citizens o
the Btate Of Now York.
BUTT To RELEASE A MORTGAGE.
Jamoa g. Gilbort, Of tho Town Of palatino
Cook County, hles bill in tllo Superior Cour
against Thomas 9. and oloven other moulhers q
tito Richards family, Mary aud uoorgo poppartI
eutato Ut tho lato Thomas Richards. Complain
ant avors that, Oh the a2d lay Of September
1871, ho owned Lots =, G, and I, in Bloch O.. VII
lnga Of Ialatiua. Cook Comfy, Npon Which b