The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-10
THE COURTS
Suit Against Contractors by Labor
ers on Public Works.
LIABILITIES OF MARRIED WOMEN.
The Bill for the Repairs Of Ma
combs Dam Bridge.
A Bankruptcy and a Counterfeit
ing Case.

A Bankruptcy and Counterfeit
ing Case.
In the suit brought against John B. Close TO re-
cover SEQ 81, incurred IN the purchase OF dry
goods by his vile. particulars OF which have been
puDnsned, the jury were unable 70 agree. Judge
Lawrence discharged them yesterday. II i
understood tile hitch was diversity OF opinion
among the Jurors as TO whether SILK dresses came
wilnin the necessaries or life.
General W. G. Mancks. formerly OF the MINI
indiana regiment who was recently held By Com
missioner Shields Tor dealing IN counterfeit
money, was yesterday indicted by the Grand Jury
FOR That crime. II IS understood in certain quar-
tiers that General MancEs. who IS backed by
Senator Morton, OF Indiana, is acting under
special instructions from Washington. and II IS
possible that 1t may be shown on the triai that Ia
disposing oil the counterfeit money ne was coey-
I'M superior authority
In the case OF the United states vs. William
Augustus Meyers Tor assaulting with intent 70
Kill, Isaac Stewart, cook OF the American orig Joan
Sherwood the jury Of the United states Circuit
Court criminal branchl yesterday found him
guilty and Judge Benedct remanded him Tor sem
tence.
In the case or Louis Jacoby, charged with using
counterfeit stamps on cigar boxes, the Jury re-
tired alter a charge by the Judge against the pris-
oner and after they had been out some time the
plea or mot guiltyn was Withdrawn and that OF
..gulltyn substituted. Tne accused win be SEN
tenceu at the end oil the term.
LABORERS AND THEIR HIRE.
Mr. James Flnnigan obtained the contract for
LAYING out Concord avenue and Denman place, IN
Morrlsania, and for the prosecution OF the work
EMPLOYED seine 100 laborers. with the understand
ing that they should be paid from the moneys TO
be paid on the contract. Mr.. Flnnigan entered
into partnership with stephen ZinK, and the sup
position was tBat these two gentlemen contnued
Ia direction "a the work until, on applying lor
rneIr paw the laoOrers found out 70 thelr con-
sternalt0n that the contract mad been as
parties mad assigned IL 10 somebody else and,
IN lact thas about dozen assignments had been
mace. The result was that although some S5,OO
was due 10 the laborera they were unaole 70 get
their pay. suit was brought on Oehaf OF the Ia
oorers against the ori2lla contIscV0ls, aigan
INK. ana tue various asslglees. me case was
tried yesterday, before Judge AN Bruht, IN 81
preme Court, Special Term. Tue oocct Of the
SUIT Is 10 vacaie the assignments ana nave the
money (S3 4g4l remaining in the custody or the
Department or Punlic Works, and sl,406 In the
ers. Inc snlto were represented by James X.
Angel aud ex-Judge George F. Curtis, the con-
tractors by Allison & shaw me assignments
the palntiG alleges 10 be fraudulent and maze
WIN intent 10 deirauc the a0orers oItEelr wages.
IL was proved Tor tue plalnun ne several assign
mcnts we're made secretly and that the original
contractor remained in possession OF the work
uuger the contracts aud neld himself out to be the
owner OF the contracts long after the date q tie
assignments and until the work Was completed.
Nnen the laoorers nrst discovered tne lact
OF the assignments having been made, the
original contractor agreed with tue laOorers that
Ihey should receive their wages from the moneys
Ing no oTner source from wnica TO pay SAID wages.
The defendants. Scnmot and Beck. contended that
the assignments we're made m good attn aua lor
yahd consideration, atnougu upon tnsI ~.
dence 10 appeared that me consideration o. the
contractor ana his partner INDIVIDUALLY,
a part OF which was so advanced even
before the contracts were issued Alter tne
testimony had been all submitted the opposing
counsel addressed the Court at length. Ex-Judge
Curtis, IN TACT, preached . ringing discourse from
tue text, .'lhe lao0rer d worthy o. his hlre.N His
voice. such was MS earnestness. could be heard
throughout the building. II seemed pity almost
20 waste 80 much lcrvor ana such minglng OF
SCRIPTURE aud law and alterations o. patnOs and
natter OF fact the whole forming az eloquent aud
imptesslge Mosaic. IN peat-up court room wnen
n mipnt have been saved ana used, perhaps, az
some lufute tune with electrical effect before an
outdoor mass meeting 81 ab0rers rising IA rebel
Ion against lhe Outrages 81 fraudulent con-
tractors. Judge Van Bruni reserved MS decision.
a MARRIED WOMAN'S LIABILITY.
rather interesting SUIT. involving the question
OF q married womans liability was tried yester-
day In supreme Court circuit Part /, before Judge
Lawrence. Inc action vas brought ~ A. r.
stewart 4 CO. against Laura Benjamin wlncnes-
ter 10 recover the sum Of s9ie II, Tor Dill o. dry
goods sod 3y them - her during the year 1874. II
appeared that the defendant was the daughter or
Ms. sarah J. Benjamin, a widow ladyo some
means, residing AZ C0ldspring, on the Hudson; ;
that Tor many years Mrs. BENJAMIN and the de-
fendant had been in the habit o. buying
goods from the plaintiffs, each having an
account there; tnat in the fall or 1877, the
defendant married one Hiram r. Winchester
q leuten nj IN tns army; tnat In the spring Of
1873 she called upon the plaintiffs ana requested
them 10 continue her account in the name Of
Lara Benjamin Winchester. stating that she mad
q separate estate Ol her own, ana would pay tue
pi9lntlGs ~ the ensuing tall or sucn goods as she
mignt purchase Relying on THIS the plaintiffs
sad her toe goods In question. but wnen inc time
for payment came they we're unable 70 collect, aud
~ proupat tnIs suit, Mr. Henry u. RICE appear
ing or sHe piaIatlis ana Roger NJ. sherman Tor
The aeisnce was that az TIE rme Of the sale or
thc goods tne defendant was the vile Or the said
Alter the p.antlns rested counsel for the De.
PENDANT moved 90 dismiss the complaint, which
was ia the ordinary form Tor goods sold anu de-
liverel claiming that ~ ala not contain facts SUM-
cent 10 constitute cause or action. M that Ii did
not allege tbat the defendant az tue time was >
married woman. The Court denied the motion 10
dismiss, holding that A. the complaint Wa not IN
proper form he should allow the plaintiffs TO
amend II they desired without cost, as the defence
was not commendaole one. Counsel Tor
palntlGs declined 70 amend. contending that
The complaint was 10 proper form according
20 the dec SION 81 the General Term % this COURT
IN the case 81 Kelly ". Long. ana also according
70 recent decision Of the Court OF Appeals 10 the
,ase Of MaxOn ". scott. the Court charged the
ury that n they believed the defendant had SCI.
Eate estate Of her own at tue time 81 purchasing
me goods, and that the plaintiffs SOLD them 70 Der
On the credit thereof. ana that the defendant
promised go pay or tue same. tnat the plaintiffs
were entICd ~ recover; other Use not. The
iurg rendered veruIct for tl.022 81 Tor the
plaintiffs the fui amount claimed, with interest.
MACOMB'S DAM BRIDGE.
Oil for $4,000 Tor repairs to Macomb's Dam
Bridge was submitted few days since TO Comp
trOler Green. The Comptroller refused to pay Il,