The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-04-05
couRT-sExERAL TERM.
Decisions by . Full Bench.


All the Judges OF the Superior Court were on the
for the purpose OF giving decisions In cases re-
Gently argued before the General Term. We give
below inl list OF the decisions. Only two cases
present points OF special pubic interest," ana Z"
Interesting Question ms to Alfm0ny.
Catharine Ramp some twenty years ago obtained
divorce from her husband, Heinrich Kamp. In
the decree there was provision Tor alimony,
although the defendant paid her $500, but, as he
claimed, In final settlements OF the suit and all
claims for alimony. At the time he was poor but
since has prospered in this worlds goods She ac-
cordingly brought suit for alimony, and referee
appointed to investigate the lacts reported In favor
OF paying her am0ny AZ the rate OF 81, 900 year.
subsequently motion was made at Special Term
TO SET aside the order for alim0ny made upon the
referees report and urged on the ground that,
the original decree not having provided Tor
the payment Of alimony, the order was Improperly
peal was made TO this Court, which IN its decision
confirms the decision OF The Special Term The
should have been taken from the original order
granting aimony, and that such ID his only proper
remedy.
The Fcninn Fund Controversy.
The facts OF this case have been so frequently
given in the HERALD during It's protracted period
OF litigation that it is unnecessary to repeat them.
In 1865 John O'Mahoney, as Fenian Head Centre,
purchased bills of exchange on the Rothschilds In
London Tor $40, 900. In order to send the same to
an agent in Europe. Meantime the agent
was arrested. as Fenian, and the gov
eminent OF Great Britain claimed the
money and notified the ROtnschilds not to pay
the same. Mr.. O'Mahoney then demanded the
money OF Mr.. Belmont, from whom he bought the
suit IN the SUPERIOR Court. Finally US Is We'll
known, Mr.. Barr, appointed as receiver by Judge
McCunn, secured the money and has since retained
1t in his possession. At length motion was made
to d1scOn tinue the action, when various counsel
set up claims for 5000 counsel lees and Mr.. Barr
claimed $4,000 Tor expenses, including his counsel
fees and COMMISSIONS. Finally The case got into this
Court, and the same was decided yesterdav-Judge
Spier delivering the OpinOn-thaJ Mr.. Barr must
expenses, including disbursements to counsel.
Decisions.
BY Judges sedgwick, Van Worst and Spier.
Courtney VS.. Baker and Others.-Judgment re-
versed; new trial ordered; costs to appellant to
abide event. Opinion py Judge Van Worst.
Hanover Fire Insurance COMPANY vs. Tomlin-
son.-Order anirmed, with costs. Opinion by
Judge Van Worst
Reed Vs. Observation-Disclosures affirmed with
costs. Opinion by Judge Spier.
Jones vs.. NorwoOd.-Order appealed from re-
versed with costs. Opinion by Judge Sp!er.
OMahoney VS.. BelmOnt.-Order appealed from
affirmed, with costs. Opinion by Judge Spier.
Strong, Receiver, &c. vs.. The New York Laun-
dry Manu- acturlng Company Judgment reversed,
with costs to the appellant to abide event, and .
Keck vs.. Werder.-M0tion to dismiss appeal
granted, with costs. Opinion by Judge Sedgwick
Field vs.. Acknowledgements affirmed, with
costs. Opinion by Judge Sedgwick
konalds vs. The Mechanics National Bank
BY Judge SedgKick.
Smith VS.. Smith-Judgment reversed, with
costs to abide event. Opinion by Judge Sedgwick.