The New York herald., 1875-12-04
SUMMARY or LAW CASES.


Judge westbrook announced yesterday that he would
not appoint until Monday Of the Third
Avenue Savings Bank in place OF William S. Carman,
removed
In the suit brought by Sophie Miller against Joseph
Bowers, for alleged breach OF promise OF marriage
dscontinuance filed yesterday in the Marine Court
In the United States Circuit Court Judge Shipman
presiding In the suit Of II. Hermann importer OF calf
hair goods against Chester Arthur, Collector OF the
Port TO alleged excess Of duties exacted by
the government on the ground that the goods were
composed part Of WOOL the jury yesterday, by drcc
ton Of the Court found verdict for the plaintiff in the
sum OF $l35 l3 gold
Collector OF the Port, TO alleged excess Of
duties paid Importation Of hog brstlcs, on the
ground that such importations should be duable as
hog hair only counsel for the respective parties waived
a trial by jury, and yesterday argued the before
Judge Shipman in the United STATES Circuit Court The
Judge reserved his decision
William C. Deckel's suit against the city for rent Of
armory, under lease executed by the Supervisors,
aside in Supreme, Court Circuit, the ground
that request for room made, except in Major
General ShAler's letter not parcuarizng any rooms,
which did not comply with the provisions OF the military
code. Appeal was taken, and the General Term has
confirmed the Judgment Judge Brady giving the
opinion.
seamcn, charged with mutiny the American
schooner Parepa while in the port OF Prosreso during
November last before United States Commits
soner Shields yesterday for further examination. The
testimony of the captain, Fl. +. Smith. WIS taken
showing that the men had been drinking and
menccd fighting each Other with axes during which
considerable h!cGa spilled, but no serious harm
done The case will be continued to-day.
In the United States District Court yesterday, Judge
Batchiord presiding, the OF tho United States
against the agents of the York Street Flax Spinning
Company, Of Belfast, Ireland, was continued The case
for the government was closed and William NJ Eyars,
counsel for defendants. moved that the jury be
directed to find verdict for defendants on the ground
that no case had been made The motion was denied,
and IN the absence OF witnesses for the defence the
further hearing was fixed Tor Monday next.
The General Term OF the Supreme Court has decided
that person receiving in payment Of check more
money than the check calls Tor and going away with
IT, is guilty OF the This decision was made on an ap-
peal taken from conviction in the General Sessions
OF Michael Wolfstein, who sent with check tor
$74 on the German American Bank and was paid $40
on IT, A slight for the paying teller that
the check or draft written in French, and that
through his imperfect knowledge OF the Language he
misinterpreted the amount which was written out.
Charles Lewis and others sued the city for $64s oS
price oi fish supplied to the Department OF Parks. Tho
answerwas that the sum appropriated for the depart
ment expended and the claim, II incurred, was in
excess of law. or the other side it was shown that
balance OF 50 67l so remained when the claim in
cured and the Court below found for the plaintiffs.
The city appealed TO the General Term Of the Supreme
Court, which gives judgment through Judge Davis,
holding that as PLANTING bills were properly audited
prior the payment OF the Se6Tl 69 balance they
Of prior character TO the salaries and other city expenses
paid alter January l, 1874, and judgment is therefore
affirmed
John T. Wecher as executor of Paran Stevens,
brought suit against Lucy d. Fisk cxecutrx Of the late
Colonel James Fisk, Jr, who, as Colonel OF the Ninth
of 81 600 Tor repairs 10 the regiments armory promis
ing also TO get the consent OF The city authorities TO the
repairs. Fisk induced "Bogs" Tweed TO consent 10
81 expenditure and after this Fisks secretary
that Fisk would he responsible for what
ever Tweed said After Fisk's death claim was made
against his TO tho amount Of $l2 0oo the Sur
rogatc referred the claim the referee found for the
executors Of Stevens and the supreme Court, Special
1 Term, affirmed the finding. The Supreme Court Gen
4 eral Term, has affirmed the judgment below on the
ground that the city primarily responsible and tho
claim against Fisk only secondary Judge Brady gave
the opinion.
1t has been decided by the Judges holding the su-
nreme Court General Term that the city is not respon-
sibe for the OF the Board OF Public Instruction.
The calling out this decision was that OF William
H. Dannett who sued the city for the amount OF draft
upon the Board Of Public Instruction. drawn by Aonzo
Dutch contractor with the school trustees OF tho Fifth
ward, for materials and labor for new school house
The Judge Circuit dismissed the complaint the
ground that the action could not DC maintained against
the city, u being liable for the acts OF the School
Board Appeal Was made to the Supreme court Cen
Term and the Court gives judgment through Judge
Brady The Court holds that the city is not called upon
manage the controversies or the School Board that
If plaintiff establishes his claim against the Board
and payment is refused, lie proceed by mandumus
and that the need not until the proper voucher
is given which, when unjuslly withheld, be OBJ
tanned by resort TO the courts. Plaintiff presented
such document, and the Judgment below Is therefore
affirmed.
the famous street cleaner in which most voluminous
testimony has been taken from time 10 time has at last
been submitted to Surrogate Huchngs for his decision
The proceedings involved contest between an alleged
widow and children Of the deceased and another alleged
widow the Without Inc alleged widow
with children has been represented in tho controversy
by Mcssrs Sullivan, Kobbc and Fowler, who offered the
contested will for probate and the opposing widow with
out children by Messrs Field and Deyo Both counsel
agreed TO submit the the testimony, without
gument merely reserving the privilege OF handing the
Surrogate briefs their respective sides The Surro
gate after receiving such briefs will take tho
under consideration, and render his decision at some
future day.
On the arrival Of the steamship Idaho at this port
yesterday OF the passengers nnmed Charles Schultz
arrested by United States Deputy Marshal Bern
hard and taken before United States Commissioner
White. The arrest made a warrant Issued under
the Extradition treaty with Germany, on charge OF
forgery, preferred against Schultz by the Consul Gen
cra OF Germany. II appears that the prisoner who s
about forty three years Old timber dealer and
mill owner at Crivitz, Mecklenburg- -Schwerin and IL
charged parties there with having negotiated forged
assignments OF mortgagea aud obtaining thereby from
the Mecklenburg savings banks, Mr.. Theodore Kautz
and others IL, 900 marks, or about S., 600 On
the 18th Of last month Schultz became alarmed and
fed to America. He traced TO the seaboard and
tclegraphc despatch giving the above information and
a description or the sent TO New York, re-
qucsting his arrest The prisoner examined be-
fore Commissioner White, and committed TO Ludlow
Street jail TO await further examination, TO be made
next week The officer who made the arrest found
! 81, 500 on Schultz and IN his baggage