, 1873-04-18
Another Test Case Under tho New
Liquor Law.
Malicious Arrests---Notes from
NIL tho Courts.

~-AU-@ N@AA'gASsSt A-- - 6eeAl HALaHAAtiNAt A+ASA
worlsman1lso mannor, and according to tho diroc-
ttons md Instructions Of tho ongnooc in charge,
the grading Of that part OF Tho ST. paul & Pacific
Railroad, pombina Branch, commencing ut point
fifty miles south Of 81. Vincent, and excluding
to tho aaid town OF st. Vincont, and to fully
complete tho samo In oyory respect to tho entire
satisfaction aud acceptance of tho Chief or As-
eistant Engineer Of tho st. Paul 4 Pacific Nail-
road Company, tho first twenty-five miles on Or
before tho 10Th day Of Scptenlbcr, 1872, and tho
wholo on Or hoforo Oct. 15, 1872.
Tho work done md materials furnished to be
measured and estimated on Or about tho 9th OF
overy month ; 90 per cont to bo paid to said Dalo,
and 10 per cont retained, tho parties OF tho soc-
ond part having tho right, If thoy should 90
elect, to retain the whole Of Raid 90 per cont for
tho paymont Of o,nployos, il their payment
should not havo boon otherwise provided for.
Tho party Of tho second part to be i'll no cnso
itab1o for thu payment Of any estimate or moneys
under this contraot, until thoy have themselves
rooeivod pay f,om the railroad company.
Tho balance Of tho contract ia made up Of tho
usual clauses Us to due diligence bong used, tho
Ohioi Engineer OF tho Railroad Company bcing
tho solo judge Of tho quality Of work, and 80
forth; tho payment for work performed md
material furnished to be 25 conta per cubic
yard.
Plaintiff represents tint, after the.making Of
said contract, dalondant dircoted him to COM
tnenca work In accordance with tho agreement,
stating that said railroad WAS BUR, eyed and
ready Tor grading; whoroupon, sald plaintiff, 70.
IT clerks aud assistants, and purchased a large
quantity Of material and provisions, and trans-
ported tho Bamo to SO miles south of tho
towI Of St. Vineont aforesaid, in readiness to
commence work, but u thon, for tho nrst time,
appeared that said railroad had not boon sur
soyod, as stated, in consequence Of which work
vas delayed for thirty days, involving loss to
tho pla!nti1 Of $4,000. Plaintiff alao auos for
work done aud not paid for. Assay d First for
plaahtln, md Willard Il Cook for defendant. r.
Bur AGAINST ABSTRACT a1EN.
3he heariag OF John Hcanoyv. Chaso Brothers
WAS yoHtordat commenced before Judge Rodgors.
Inis IL an important caae, nnd will DO Watched
with groat intarest Heaney claims damages
he alleges, m inctsrcct abstract q tito, which
resulted ~ plunginz him into dif1oultios with
tho purchaser OF coltain lands, and expensive
litigation, Plaintiff !.firms that be ncgo-
t!, tated the aalo h OF tht property in question
to make M abstract Of tslo; which they did,
showing the title clear. Solaotimo later. Balo
was enecsoa. It subsequently tranapired TINT
the land had already been sold tar taxes, and no
proceedings for redemption instituted in oonso-
quence Of which, Heanoy was obligol to give a
bond to tho Inst purchaser OF $1,000, paying Is
per cent. interest for all tho money ho uied. and
losing tho por ccnt. interest TINT ho could hnye
made. Lis Inv exponBcH, also. exceeded $500.
Plo5cd to set matters to rights, md they filed q
bill IN ohancery, succeeding, after difficult and
expensive litigation in establishing plaintfr's t.
Ito to tho real estate IN question. Tho torts
By which ho suffered Tho above logaos. Tho do
feu1ants appear to hold that 1t uill DO impoBsi-
bio for the plaintiff to provo his case 10 ho could
only do 60 from the records, which woro burned
IN the October fro, 1871. 1t will DO necessary,
thoy consider, in order to provo negligence and
rArAfnHAnnEB tn a11n,y that fEA rarnr5n ham
selves did contain the tax sale referred to. That
tho books OF tho defendants showed nothing ro-
epeotng tho tux sale Of Lot 4, Block 40, original
Town Of Chicago Nho land roferred to), they
can show that tho records OF Cook County, from
which their books are 1nnde up, exhibited such n
salo. The statonlcnt now made is, that tho tux
sale took place on the 18th Of April, 1867, for
State and county taxes Of 1866. Tho trial is OK
peotod to last eomo time.
In the Criminal Court. case WAS begun yes
terdny afternoon, which BLOWS how careful par-
tics investing IN real estate need bo to deal With
only conscientious and trustworthy pnrties.
nlly believed, Of 4 sharp renl estate man, who
succeeded III Helling to newly-arrivcd Irish-
frozen surface Of the St. Lawrence.
This ia good for, Down East, but Of
One Gatcs was the proprietor Of dry goods
etore, and tiring Of the yard-Btok, he Advertised
his establishment for sale. In answer came ono
Jacob Cohn, who proposed to trade for tho Htoro
certain real estate ho owned, and which ho
described by producing handsome plan OF tho
peculiar subdivision where tho desirable lots,
South Chicago lots, Of course, woro aituated.
Plaintiff traded. Subsequently ho wont to look
at his property but found to his dBnlay that II lay
vealits beautios, namely quietly reclining beneath
tho gentle ripples Of tho Calumet River. As d
natural consequence, ho thought he Was duped,
and brought action, in the nama Of tho people,
against Malyin ". Palmer, Jacob Colin, md
Granville ". Alexander. The case occupied the
afternoon ia Tho Crimtna1 Court, and will prob
ably be concluded this morning.
ANOTHER TEST aulT UNDER THE LIQUOR LAW.
Suit is about to be commenced, in Macnamara
Y. Mead and Others under the new License net
sale Of liquors to minors and lrunkards, for the
recovery Of damages sustained by the guardian,
BY boing run. over by . locomotive on
Kinzis street few nights bt'ne' az fully report
nate lad expired yesterday. Both his legs had
boon cut OF. He is alleged to hayo bocome
drunk ct Meade saloon, and on Lis way homo
he got on tho track, III tho way Of tho locomotive
in question, and was 50 INTOXICATED that ho was
what similar to tho caBe brought against the
saloon-keoper Mack, by widow, for the loss OF
her huaband but proHenta nome new pointa
which have not yet been tried before the Chicago
courts, lfr. D. E. Z. btowartis attorney for tic
plaintiff.
HEAVY SUITS ron MALICIOUS ARRESTS.
Yesterday curious suit for malicious arroBi
Was fled III the Superior Court, for s1o, ,0o0 dam
ages, viz: Fitzpatrick Y. Pick. The plaintiff
charges that le was arrested on ca. sa. for re-
funing to deliver oyor lis property under o1eou.
tion, thero having boen no noryico OF the origiua
aurmons. Tho plaintin did not consider thai
thore could be execution without service, ant
hia attorney, D. u. Il. Stewart, is OF thu nams
opinion; houce the 8uit.
Tho Same attorney commenced suit in ths
same conrt, Parks y. Fitzgerald, for st, 600 dam
ages. It is alegedin this oaso that the plaintiff
had cutred boy in the street, Tor which po.
Nceman eome hours after, arreatod him on thu
public thoroughfare, for, that otfense. without
warrant, aud without having soon tho act com
plainel OF. Tho policeman kept the man In lit
custody on tho street, and then aa Bummarlly
discharged him as ho had arrehted him.
BANKRUPTCY MATTERS.
The firm Of Mortimer 1 Debost, Of tho City ol
Now York, yoBtorday tllod petition for adjudi
oAtiOp Of Malcolm H. Bruce or t,tA cftv ma orn(i