The New York herald., 1874-12-25

the NOrtnneld, Win cO9tS TO the appelleeS.
Wtnson ct al vs. the steamship Rebecca
Clyde and her cargo.-Decree for the libeant.
Cornell VS.. the schooner Margaretta.-
Mott VS.. the steamboat Mount Washington
Decree affirming the Judgment OF the Court below.
Markey vs. the Blanche Page.-Decree Tor libel
liant, with costs o appeal.
SUPREME RT-CIRCUIT-PART 3.
INTERESTING SUIT ON NOTES.
Before Judge Lawrence.
The suit OF Archibald Young vs. Henry K.
Stephens, survivor OF L. w. Lyons Il Co., was
tried in this Court yesterday. Defendant gave
notes for money due by the firm, $14,958 9s, Of
which part was, however. paid, and he assigned
the notes to L. W. Lyons Co., liquidators.
Plaintiff charges that he was partner OF L. w.
Lyons GO. me defence IS u that plaintiff "a was only
and signed the notes In his oficial capacity. The
matter turned on the position paintifr held under
the laws OF Louisiana lthe firm doing business in
New Orleans), Judge Lawrence directed a verdict
for $16,l79 81, exceptions to be heard In general
term.
SUPREME COURT-SPECLAL TERM.
SELLING CHURCH FOR NoN-PAYMENT OF TAXES.
Before Judge Van Worst.
Among the suits tried in this Court was that OF
the Congregation Shaaraf Tephlia Vs. The Mayor.
The congregation 1868 built temple, and in
1865 the city levied 1t tax or $47s so. The prop
erty has always been used for public worship. and
suit was therefore brought to have the tax
moved, and the Tax commissioners clerk IN
formed plalntins IL was removed In 1871 the
na Dy rso a NOT nor uoo years 70
the time had nearly come for giving PeterKin
q permanent lease They then brought this suit
to prevent the city giving lease, and Judge
Van Worst decided tnat the property must be ex-
cmpt. Verdict lOr plaintiffs.
SATISFACTION PIECE SET ASIDE
Eleanor Clark, as administrator OF John r. Gil
lespie, sued William II. Grswold, as administra-
tor OF an assignee, on judgment against defend
ant to set aside sat Piece and the suit
on the evidence that the defendant knew OF the
assignment OF the Judgment. and, therefore. hts
plaintiff was fraud upon the present plaintiff and
must be set aside.
DECISIONS.
Clark vs. Acknowledgements for plaintiff. See
Congregation shaarai Tephlia VS.. The Mayor,
&c.-Judgment for plaintiff. See opinion.
SUPREME COURT-CHAMBERs.
RIVAL LADY PRESIDENTS.
Before Judge Lawrence.
Some time ago Mrs. Dorette Eicke, as president
OF German benevolent association, brought suit
by their counsel, Mr. A. Czak, in the Marine Court,
against Mrs. Dorothea Gruninger, formerly presi-
dent OF the same body, but who had been removed
from her Office by vote OF the society, to recover
the bank book and other property Of the society.
The suit was brought In the form OF replevn and
on the trial at the Marine Court 1t was decided
that the question OF the legality OF the election OF
Mrs. Eicke could not be tried in that way, and q
technical verdict was rendered In favor OF the
ousted president AS the Court were OF opinion
that the nature OF the suit was equitable the
powers OF the supreme Court were invoked by the
associations, ana counsel obtained stay OF pro-
ceedings
the whole question was argued very fully on be-
hall OF the contestants by their counsel and by
counsel on the other side.
made an order sending the case TO referee to
take proofs as TO the actual iacs and make thor.
ongh Investigation, and in the meantime the stay
herein TO contin0e.
DECISIONS
BY Judge Donohue.
welledck VS.. welledick.-Motlon granted. Mem.
Orandum.
Foote, Jr., and another vs.. Slll.-Reference
ordered.
Leonard vs. Carlton.-Granted.
whiting vs.. Whiting.-GranLed. Question OF
amount OF counsel fee and alimony must be flxed
by reference. Reference ordered.
Thurber VS.. Frost.-Motlon denied. Memoran-
Mott vs.. Van Amburgh. Motion granted on
payment OF costs OF inquest. Judgment to stand
The New York. Utica and ogdensburg Railroad
Company vs. Guest.-Granted.
Goldberg vs.. Utley.-Motl0n granted.
Spooner ct al. VS.. Aronson.-Dened, with
costs.
McLaren ct al. VS. Overbaugn, Motion denied.
Railroad Company-Resettied.
Matter OF Bali ct ai-Motion granted. Memo
randum
Netler vs. Sprautz.-Granted.
Daniel VS.. Cahen.-Motion granted.
Tnurber vs.. Irenor.-Motion denied.
Bornnager vs.. Bloom.-Denied. Memorandum.
Croweil vs. Guion.-Motioa denied
RourKe vs.. Finnegan.-Tnere IS decided con-
nict In this motion. Reference ordered.
Mears vs.. Myers Granted.
Avery VS.. WIllson.-Motion denied.
Smith vs.. SimpsOn.-Motion granted.
MARITIME VS.. Memorandum.
Smith VS.. Avery.-Motion denied. Memoran.
DUN.
Insee VS.. Hampton Motion granted.
Donaldson VS.. Aronson.-Denied, with costs.
Memorandum.
Searle vs. Searle.-Reference ordered.
Clark VS.. Decentralization granted
Miller vs. Bannigan ct al.-Dencd as to the re-
ceiver. Granted as to the defendant senior.
Chauncey vs. Fairchild.-Moton denied as to
Lynch. Granted as TO the defendant oy delault
Memorandum.
Vanderwater vs.. Brady Granted.
Close VS.. ScanloE,-Denied.
Clark VS.. Langley.-Motion denied.
Miller vs., Mctlare.-Granteu.