The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-04-06
DECISIONS.
SUPREME coURr-cHAaDERs.

SUPREME coURr-cHAMBERS-
BY Judge Lawrence.
In the matter oil tine opening OF Eleventh ave.
nue. north O 155th street.-Oplnlon.
Ball vs. Hudson River NEUTRALITY-SUSPICIOUS.
for counsel.
SUPREME coURT-sPEcIAL TERM.
BY Judge Van Brunr.
Riggs ct al. vs.. Purssell ct al. Frost rs. van
Loon Boyd' executor, &C., vs.. Montague.-opln-
ions.
SUPERIOR coURT--GENERAL TERM
BY judges Mcneil and Freedman
Porter. executor. &c, vs. Parmly.- order AZ
nrmed- with costs Opinion BY Judge Mcneil:
and orders affirmed, with costs opinion BY Judge
Freedman.
SUPERIOR coURr-sPEcIAL TERM.
BY Judge Van Worst.
Cogswell vs.. Mangam Ell al-order made con-
drming referees report oil SAFE.
Haupt VS.. Farmers MIX Conpany.-Motion
granted and cause SCI down lor Friday, April 9
Chamberlain VS.. OBSERVATION-DISCLOSURES granted.
Aliaro VS.. Davidson ct al.-Case aud exceptions
settled.
COMMON PLEAs-GENERAL TERM
By Chief Justice Daiy and Judges Loew, Larre :
more, Robinson ana }. f. DAILY.
Smith VS.. Reinstatement reduced 10 sea- and
afnrmed Tor that amount with costs and extra
costs OF the court below, neither party to have
costs on appeal TO TINS court. Opinion by Judge
Conroy Va. The Twenty.third Street Railroad
Company Judgment anpealed from affirmed,
Calah, a lunauc.-order appealed rom afnrmed.
OPINION bf Cnlei Justice DAILY.
smith VS.. Symmes.-Judgment reduced 10 $40
and affirmed Tor that sum. with costs OF the court
below. neither party 10 nave costs on appeal to
TINS courl. opinion by Judge Loe~.
Mlrrson VS.. Tue Mayor &c.-Judgment af1rmed,
with costs. OPINION by Judge J. 4. Daily.
Andes Insurance Company vs.. Loehr.-on re-
granted. IN accordance with the former decision
OF the General Term, with costs. Opinion BY
Canirell VS. Conner, Sheriff. judgment affirmed
with costs. opinion oy Judge :. +. DAILY.
McGuIre W.. Central ParE, North and East River
Railroad Company. Judgment reversed. new trial
ordered costs 10 aolde tue event. opinion py
Cniet Justice Daly and Judge Robinson.
Leecn VS.. Ndsn-Juugment affirmed. Opinion
Foster receiver &c, V. Townsend ct aL-De-
cree modified and afnrmed. without costs 10 either
party. opinion 10y Cnlei Justice DAILY.
Soper vs. KiTk.-Judgment affirmed, with COSTS
Opinion bY Cnlel Justice Day.
HoiUrook vs. fireman. Judgment reversed,
new ttlal granted costs to abide event. Opinion
BY Uhlel Justice Day.
Holman vs. Gailagner.-Judgment reversed,
new trial ordered; costs TO aolde event. opinion
by Cnlef Justice DAILY.
amrmea, with costs. Opinion BY Judges Robinson
and j. r. DAILY.
with costs. Opinion oy Chef Justice DAILY.
GILBERT vs.. pson.-Judgment reduced 10 So
and afnrmed lor Ihat amount without costs TO
either party.
MARINE CoCRT-PART
BY Judge Joachinsen.
Fosoick vs. Dolan-Aotion ior new trial Mo-
ton denied
Bum va Sutro.-Mouon for a new trial and
expenses. Tnls action was for malicious arrest,
Obtained oy an order OF this Court. The order
was vacated BY the Court on counter affidaylts
the Court holding that II should De so vacated on
defendant stpulatlng. No stipulation was made,
and the suit resulted In favor o. present paintIn.
on examining the case hold that the de lermlnA-
ton oil the Judge vas a judicial DETERMINATION
and the motion or 4 new trial must be Denied
with costs.
Miiter Va Konler.-Motion for a new trial. Ac-
tlon vas Deg IN IA Tue superior court 70 recover
$4,000 damages Tor 10 Jury 10 the person. IL was
removed 10 this Court " consent, tried. and
verdict OF $500 rendered; but under the ruling OF
the Court OF AppPais IN the case VI Alexander VS..
Bennett, 1 IN uit bold mat this Court acquired no
jurisdiction Of the action, aud / must make an
oruer that all proceedings had in rms Court De
stricken rom rBe dies, calendars ana records or
want OF jurisdiction.
Dalton v. Honman.-Morion for settlement de-
MED.
Robinson ". Bazard.-Motion Tor new trial de-
MED.
Pierce vs.. Hernstein.-Motion for new trial.
This was an action on notes tue consideration Tor
whICn was a patent righr. which, 40 was shown in
eviaence, was worthless. l hold there was no
consideration gwen Tor the notes ana motion IS
denied.
s.. AubuTy v. carey.-MouOn FOR new trial
denied.
FosdIek vs. Boylan.-Mouon for a new trial IL
appeared 10 evidence tnat defendant was entitled
70 a credis oil tlO4 on the note. Inc Court directed
jury 10 gre that credit, but jury rendered ver-
dict Tor pla.pun Tor the lull amount Unless
plainin Will stipuate 70 deduct s104 from the ver-
Dict new tria Will BE granted. II stipulation ~
entered INTO new trlai vii be refused and YER
dc allowed 70 stand for the residue.