The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-01-01
SUPERIOR CGURT-GEkEnAL TERM.

SUPERIOR couRT-GskEAM TERM.
Winding Up the Business Of tho Year
Tribute to Chief Justice Barlow, the
Retiring Judge-Important Batch Of
Decisions.
All the Judges Of the Superior Court, with the
exception OF Judge Sedgwick, who was unavoid-
ably absent from the city on account OF the illness
OF brother, met in General Term yesterday to
wind up the business OF the year. Chief Justice
Barlow presided, and with the same quiet dignity
that has characterized him through the long term
OF his judicial career. long batch OF decisions
was handed to Mr.. wesley, the clerk to file, which
completed the regular routine OF the days Judicial
laborS.
Judge Van Worst suggested that this the last day
OF the year was the last time they would sit the
bench with their able Chief Justice On the retire.
ment OF CHIEF Justice Barlow from the Bench which
he had graced with such dignity Tor twelve years,
| he desired an entry 10 be made on the minutes Of
! the Court expressive OF their appreciation OF his
high worth ana ability, and their grief at the sur
render OF the relations existing between them.
! Judge Mcneil said that lie and his associates all
| concurred in this suggestion.
| Chief Justice Barbour. spVaking with an emotion
! he could not suppress, expressed his sincere and
heartfelt thanks Tor the kindly sentiments Just
| tered. He Simply added that he had always en-
| deavored to do his duty, and that he parted with
| his associates with great regret.
The following was the entry subsequently made
| on the minutes:-
I'm view of the retirement this day of Chief JUS
tice Barbour from this Court OF which he has been
member Tor period of IL years. We his associates
| direct to be entered on the minutes this expires.
sion OF our appreciation OF the faithful and upright
manner IN which he has performed his puDHc
! duties, and our just estimate OF the industry,
ability and learning which has characterized his
judicial life AMI his uniform courtesy to his brerh-
rem on the Bench.n
OF the decisions only three are OF special public
interest, and an abstract OF the opinions IN the
cases is given below.
The Guidet Street Paving Contract.
suit for $4,000, on a contract for street paw.
ing, was brought by Charles Quiet against the
City. The defence was that the furnishing by the
plaintiff OF the certificates OF the inspectors ap-
pointed by the Croton Board and OF the Water Pur-
veyor were, by the contract conditions precedent
to the right to recover and, no proof OF the fur
nishing CT such certificates being produced, the
case was dismissed. The case went to this Court
on appeal. Judge Van Worst delivered an opinion,
cOncurred in by Judge Curtis. He holds that the
Court below was right. and that the plaintiffs TUE
to payment depended as much on the production
OF the certificate from the Water Purveyor to the
completion OF the work IN the manner set forth in
the contract as from the Inspector There is no
law to dispense with the Water Purveyor's certih-
cate. Judge Barbour dlssented, holding that the
defence had merits, and 1t was Impossible lor
the plalntln to produce the certificate, inasmuch
as the inspector was withdrawn by the Croton
Board and the plaintiff could not perform the con-
ditons precedent by reason OF the defendants
negligence to appoint the inspectors contemplated
by the contract.
ACQUISITION OF Raised Checks.
stranger their check on the Marine National Bank
for S25. Next day it was delivered to Derripp l.
Co. IN payment for gold, having been altered
meantime to $4,679 90. Derrlpp & Co. required
that IT be certified, and the Marine Bank certified
It as good and the gold was thereupon delivered.
The check was endorsed by Derripp Il Co. and De-
posted in the National City Bans, and went
through the Clearing House. Next Gay the plain
TINS l9und the cneck mad oeen raised Ind they
referee decided In favor OF the plaintiffs but on
appeal TO this Court an opinion was rendered by
Judge Mcneil reversing that decision. He says
tins case differs from all others OF similar char
acter, lnasInuch as the cnecK was altered before
gold on the iaith OF that certlhcation.
Important Decision In Insurance
Case.
The Loriard Fire Insurance Company insured
Gage Bros. & Rice to the amount OF SIS, OOO and
reinsured the writ in the Resolute Fire Insurance
Company. The latter policy contained two clauses
one loss, If any, payable pro rata with the re as
assured the other reinsurance in of loss to be
settled in proportion the sum reinsured shall
bear to the whole sum covered by the relnsured
company. In consequence OF the Chicago fire the
Loriard Company having become insolvent, the
Kesoute claimed to be liable only TO the extent Of
percentage paid TO the creditors OF the insOvent
company. The General Term holds that the rein
surer is bound to pay the sum which the original
even be tue reinsured had made any payment
whatever on the policy insured by 1t.
Decisions.
BY Judges Barbour, Mcneil, Freedman, Curtis,
Sedgwick and Van Worst
Norwood Receiver, VS.. The Resolute Fire In
surance Company.-ExceptIon overruled, and
Judgment ordered lor the plaintiff on the verdict.
Hlnckley vs.. Krertz and Another; Dutch vs..
Mead.-Judgments affirmed. Opinions by Judge
Mcneil.
Union National Bank Of Pittsburg VS.. Wheeler
Judgment affirmed. Opinion by Judge Sedgewick.
Hazewen vs.. Corson.-Exception sustained.
anH me-
trial granted, with costs to the plaintiff TO abide
event, Opinion by Judge Mcneil.
Woon vs.. Jacoba.-Urder affirmed, with costs.
Opinion by Judge Mcneil.
Squires Administrator &C., vs.. The c., p, N. and
Z. X. Railroad CompaDy.-Judgment and order re-
versed and new trial ordered, with costs TO APP
pellant 20 abide event. opinion by Judge Mcneil.
Evans VS.. Kaloheisch, Executor, &c.-Order re-
versed with costs. Opinion by Jadge Mcneil.
Shipsey VS.. The Bowery National Bank.-Judg
ment reversed and new trial ordered, with costs
TO the appellants to abide event. opinion by
The Marion National Bank VS.. The National City
Bank-Judgment reversed, the order OF reference
vacated and new trial ordered, with costs TO the
appellant to ABIDE event. Opinion by Judge
Anderson VS.. Green.-order arfrmed, with COSTS
opinion by Judges Mcneil and Freedman Judge
Barbour dissenting.
with costs to appellant. Opinion by Judge Curtis
T1edman vs. O'Brien, Sheriff, ct al-!udgment
Diminishing complaint as to defendants, Long and
Nash, af1irmed Judgment against oBrien, Sheriff
reversed and a new trial granted, with costs to
abide event. unless plaintiff In 10 days reduces the
70 as ii be o. as
Ged, without costs 10 either party. OPINION by
nelson VS. So SAILING ct a-Judgment affirmed, with
costa. Opinion by Judge Freedman.
Guioet Va. The Mayor, &c, OF New York.-Judg-
m PaIh atrmed. Opinion BY Judge Van Vorst Judge
Driscoli vs. The West, Bradley Cary Manufac-
turing Company.-Juigment affirmed, with COSTS
[ Holtz W. Scnmidt%Judgment affirmed, with