The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-16

cided IN the Marine Court, General Term, this Is
the only case ever tried OF the Kind In this State.
although there are numerous English decisions on
Bumenstiel & Archer, attorneys for plaintiffs;
q. J. Hall, attorney Tor defendants
DECISIONS.
SUPREME OOURT-CHAMBERs
BY Judge Lawrence.
Martin ex, &c, VS.. He1nwick ct all think that
the examination should proceed under the order
Young VS.. Stevens; Brown vs.. Fry-Memoran-
Chaplin vs. Dobson.-The taxation by the CLERK
Is a1lrmed.
Hank vs.. Crawford ct al.-Motion denied with
costs.
Pollock vs.. Gwynn.-Delault is opened on terms
stated in memorandum.
CementZ vs.. Robinson ct al.-M0tiOn for the ap-
poln tment OF receiver IL denied, without COSTS
Vandewater vs.. Brady.-Motion to vacate order
OF arrest Is granted.
Lacey vs.. Allen.-The motion to vacate order Of
arrest Is Denied with costs.
Kohn vs.. kallscher.-Motion to vacate attach.
ment IS denied, with COSTS.
| Laugnran VS.. standardization to vacate order
Of arrest Is denied, with $40 costs.
smith vs.. Smith. Report sent back to referee
| for reasons stated in memorandum.
| Lamber rson vs.. Van Decentralization to va
| cate order OF arrest IS denied, with COSTS
Powell VS.. Powell-rhere must be q reference to
ascertain the proper sum to DE paid to defendant
as temporary aI,mony aud Ior counsel lee, &c.
cause OF action and the ground OF the arrest are
different. From careful perusal Of the atlidayts
submitted 1t seems to me very doubtful whether
the defendant was guilty OF any such trauoulenG
representations IN Contracting the debt as to JUS
THY his arrest. AS there Is conflict OF evidence
on this point shall order reference to take
| proof as TO the representations made by the de-
stances under the Indebtedness to the plalnrlfI,
and TO report the evidence, with his opinion
thereon.
HIrsch vs. Hrsch.-Reporr OF referee is con-
Armed, and decree OF divorce Is granted to plain
TIT.
Schmidt. &C.. VS.. Levy.-The order granted by
default on the 10Th OF February Is vacaied. with.
out costs, and motion is restored to the Chambers
calendar LOT the 10Th inst, at eleven A. M.
Dietz vs.. Dletz.-Moton denied, on the ground
that 1t does not appear that the plaintiff can sue
coed IN her suit while the judgment OF the Supe-
Brun rs; security Insurance 0ompsny:.ln this
ease wish to hear counsel as to the power oil the
Court 10 grant an allowance.
BY Judge DonOhue.
Winter vs. White Mason Vs. Armstrong.-Mo-
Kiersted vs.. orange and Alexandria Railroad
Company ct aL-Mot1on denied.
Vlremonday vs. Nitsch.-Motion denied. Memo
randum.
Cram VS.. Clancy.-Granted.
Bhncard VS.. Blancard.-Report Of referee con-
nrmed and decree vi divorce granted to plalntin.
Murphy VS.. Haas -MemOrandum
Ball VS.. kerr.-Motion granted.
In the matter OF the Commercial Printing Tele.
graph Company.-Order granted.
SUPREME CoURT-sPEC1AL TERN.
BY Judge Van Worst.
Kircheis We. scnioss.-Judgment for plaintc.
BY Judge Van Brunt.
Hewson vs.. Townsend; Calvo VS.. Davis ct al
Demurrers sustained. See opInlon.
Kelsey ct al. VS.. Hegeman ct aL-See opinion.
Skidmore Vs. Fuller.-Demurrer ovsrruied.
De Wolf vs. Owen.-Memorandum 10. counsel
SUPREME CoUgT-CIRCUrr--pART 2.
BY Judge Van Worst.
haden We COMMUNICATION for new trial
SUPERIOR CoURT-sPECIAL TERM.
BY Judge Freedman.
lsaacs vs. the New York Plaster Works.-Nelther
the references to the stenOgrapher's minutes re-
CURED by rule 43 OF the general rules and by rule
IL OF this Court Another defect is that the papers
submitted coutain TOO many erasures and inter
lneatlonS.
BY Judge Curtis.
AlfarO VS.. Davidson ct al--Order settled.
stanton VS.. RECOMMENDATION granted; costs
to abide event OF suit.
President, &C.. OF the Insurance Company OF
should be IN accordance with new rule. No
iendants costs OF opposinr 70 ABIDE evenS Or sne
Glow vs. Faris.-Motion TO amend complaint
granted on payment Of defendants costs since
MaryoJt VS.. Tnayer.-Motlon granted.
FalK VS.. Manipulation to amend complaint
notice OF trial and trial fee Ior February term,
and costs opposing motion.
Wehle vs.. The BOwery Savings Bank.-Motion to
substitute Weiss as defendant granted.
MARINE coURT-PART l.
BY Chief Justice Shea.
Downey vs.. Observation-Disclosures for a new trial
on my minutes ueH!eu. Inc special nndlng or the
Jury that the defendant was not principal In the
transaction com prehends all minor parts aud is
entirely decisive Oh the cause. Order to be set.
tied on two days. notice BY either party.
Scott vs.. acknowledgement Tor defendant, with
costs ana allowance All opinion VIII be written
In this cause either party desire 1t, for the pur.
pose Of reviewing this decision, which Is cnieny
predicateo upon the ground that at the time OF the
transaction tne title to the goods as by opera.
ton OF law already forfeited TO the United States,
and the plaintiff could convey no title.
Francis M. hoag VS.. r. J. Roberts ct al.-Moton
n hn
Jury are decisive OF this cause and are u verdict
that the overlooking OF the water on the delend-
ants premises was, owing to their negligence,
ana that injury was done TO plaintiffs property by
that water coming IN upon Tue part OF tue premises
occupied by the pla!ntlr.
james Collins Va. Felix Murphy.-The motion for
new trial denied. The delivery vi the goods upon
the premises OF the uelendaLt; the con versation
With the defendant previous TO that delivery; the
inquiry to the defendant was not as to the respon.
sloility OF Mr.. McClusxy, but whether the delivery
TO the defendant was rlght-tnese and other
circumstances made IL proper to submit the cues.
ton TO Wnom credit was then given, TO the Jury.
Their verdict Is, upon such construction OF TACT,
decisive. ORDER can be settled by either party on
two days. notice.
Benjamin Carpenter VS.. John n. Boynton.-Mo.
ton lor new trial denied.
Kaator VS.. Lton.-Moti0n denied.
MARINE CoURT-cHAMBERs
BY Judge McAdam.
Ram vs.. weston; Muligan VS.. McManus: Green
vs. Compton; Price vs. Conen; Barnett vs.
Conen.-Opinion filed.
Wright VS.. Hartman; Colligan va. Barclay:
Braumhch vs. Landsourg. --Orders settled aud
nled
cohen vs. silver; Cleuzat w. Jollott-Motions
to vacate orders OF arrest granted on defendants
stipulattng not 10 sue.
Tensker vs.. Robins; Averill vs.. The New York
Loan and Indemnity Company; Cummings vs..
hart; Grady vs.. Maoney; Duryee vs.. Rhodes;
Klein ys. NEUTRALITY-SUSPICIOUS. denied.
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