The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-04-06
SUI. RlOR COURT fNsRAL TERM.


BY Judges None l. Sedgwick and Van Worst.
The.New York and Harlem Railroad Company
VS.. George Haws and Peter Muady. judgment re-
versed so far as 1t restraints defendant Hiws from
prosecuting his action against the plaintiff, and
Judgment absolute for him, dssolving the injunc-
ton and Diminishing the complaint to him, with the
COS OF the trial OF tins action at the Special Term,
put without costs upon this appeal OPINION by
BY Judges Mcneil, Curtis and sedgwick.
Harvey Weed vs.. he Mutual BENEFIT Life Insu-
rance Company.-Judgment reversed and new trial
granted, with costs to the appellant, to abide the
event. 0pnon by Judge Sedgwick.
BY Judges Mcneil, Freedman and Curtis.
Adam Ritter, executor, &C., vs. Samuel Phillips
ct al.-Motion Tor reargunent denied, with $40
cosIs opnGn by Judge Mcneil
order affirmed, with costs. opinion by Judge
Henry stubben VS.. Valentine Roos, Executor
&c.-Same. Opinion by Judge Curtis
Charles 5. Dryer VS.. The Lorillard Fire Insurance
Company.-Judgment affirmed. opinion by Judge
George Bendel vs. Mathew Hettrick. -Exceptions
sustained, dismissal OF complaint set aside and
new trial ordered, with costs to the plaintiff to
abide the event, Oninion by Judge Curtis.
Vernon X. stevenson vs.. James X. Spratt.-
Judgment modified by restricting the specific lien
upon the surplus moneys to the advances made
upon the contract only. AS modified Judgment
affirmed, without costs. Opinion by Judge Mcneil
aL-Judgment affirmed with costs, with leave to
defendants to file ana serve amended answer on
payment OF all cOSLS III The aCtl0n opinion by
Judge Freedman.
Frederick 5. winston vs. Stephen Engsh-Case
affirmed, with costs. Opinions by.Judges Curtis
and Mcneil.
Edward Miller, administrator vs.. Mrs. p. EARLY
Judgment reversed ana new trial granted with
costs to the appellant to abide the event. Opinion
by Judge Mcneil.
Charles Sicklcs VS.. Wright Gillies ct al.-Judg-
ment and order affirmed. opinion by Judge Freed
man.
lloyd Canaday vs.. John S. Stiger.-Judgment to
be amended by adding the sum OF 81 AGO. with in
terest from January l, 1872, together with the costs
OF the appeal. Opinion by Judge Mcneil.
The Gorham Manufacturing Company vs.. William
Fargo President, &c.-Exceptions Overruled and
Judgment ordered Tor the plaintiff on the verdict.
Opinion by Judge Freedman.
BY Judges Barbour, Curtis and Mcneil
Frank Johnson ct al. VS.. Charles j. Open
heimer.-Judgmcnt and order appealed from al
! frmed, with costs. opinion by Judge Curtis.
Gerhard Rensselaer, vs.. Frederick Klein.-Judg.
ment affirmed, with COSTS opinion by Judge Cur
tbs, and dissenting opinion by Judge Sedgwick.
j. Frederick Badenhok VS.. Thomas j. Mccain II
ct al.-Judgment reversed and new trial ordered,
| Curtis.
| Alvah Beeb ct al. VS.. Solomon Ranger.-Same.
Opinion by Judge Curtis
Daniel s. Durc vs. The Evangelical Church OF st
James, of the City oil New York-Verdict set aside
and new trial ordered, with costs to defendants to
| abide event. Opinion by Judge Barbour.
The Gaylord Manufacturing Company Josiah
| by Judge Barbour.
Anthony S. Hopel vs. Peter Balm ct a-Orders
| appealed from affirmed, with costs. Opinion by
| Judge Barbour.
Albert Gilbert vs.. Edward B. Wesley-Judgment
affirmed, with costs. Opinion by Judge Barbour.