The New York herald., 1875-10-20
SUMMARY OF LAW CASES.

Judge Wallace sitting in the United States Circuit
Court civil branch yesterday fined the following gen.
temen summoned jurors, 500 each for contempt
OF Court in not answering the served upon
them flames Taylor Il f. Vail, Theodore Gilman and
r L. Kennedy.
In the United States Circuit Court, criminal branch,
before Judge Benedict yesterday Michael league
of the McGrath gang Of counterfeiters convicted
Of passing countcrfeits OF the United States hafdoar
coins Mr. John Jacob Astor the jury. The
prisoner, who was BY Captain Kennock Of the
United States secret service, remanded for sen
tence.
Ex-Congressman James f. Kerrigan is again to be
brought before Supreme Court for alleged contempt
in sobeying order Of the Court appear before the
Police Board and give his testimony in the trial OF Cap
tain McCulloch. Judge Lawrence issued an attach
ment yesterday against him. making the same return
able as soon Mr. Kerrigan be taken into custody
Another suit growing out OF the ''corner' in North
stock has been brought to trial before Judge
Sedgwck of the Superior Court. The present SUIT is
brought by Hogan Billing against Kupfer to recover
81, ESQ In November, 1872, the plaintiff bought in
Northwestern stock 81 55 100 shares
short by the defendant Precisely same points are
involved in the recent suit The case is still on
Other complaints being made against j. Herman
Son Affidavit made yesterday by Louis Sperlng,
stating that Herman Son n July last bought ofhim
bill ofgoods representing that they had in their store up
| town 500, 600 worth Of merchandise and we're worth
$50 coo over their Liabilities; whereas II IS stated on
the contrary, that they were largely indebted at tho
time that they sent the goods of 10 be sold auction
without unpacking them. and that, having pocketed
the proceeds they fed TO California where Morris Her
mann the son, recently arrested and brought to
! this city. and where Jacob Herman still remains
Messrs Jacobs and Sink counsel in the case, were
poyed MP to very late hour last night preparing adj
ditiona anidavts BY other compainants against the
accused Morris Herman is locked up in Ludlow
/ Street Jail in default Of bail
on the sth Or February last Lawton Valentine, while
riding in sixth avenue car, had his watch valued at
! $500, stolen from him. Thomas Hamilton was sus
pected OF the theft and was Immediately arrested He
tried and convicted in the Court Of General Ses-
and sentenced by Judge Sutherland to four years
/ Imprisonment ia the State Prison. An appeal was
taken from this judgment to the Supreme Court Gen
\ eral Term and the case was argued Yesterday Mr.
Peter MITCHELL behalf Of the prisoner, urged that the
conviction obtained merely upon circumstantia
evidence that the Court below should have directed
an acquttal there being no evidence to raise pre-
sumption Of guilt In reply 70 this y was argued that
the evidence sufficient to satisfy the jury that the
1 prisoner guilty. The Court took the papers.
motion made yesterday before Judge Lawrence
In Supreme Court, Chambers in the suit Of the Peo-
pie rel James H. Pnckney and the Relief Fire lnsur
\ ance Company, for mandamus compelling the Board
OF Fire Underwriters 70 admit plaintiffs 70 membership
I The Relief Fire Insurance Company original
! member Of the Underwriters Company and was ex-
PEELED, May 25 1875 by resolution Of the Board on
charge that they had issued policy steam pro-
peler at one and threequarers per cent when the
tablished rate was two per cent Some question Is
raised as 70 the regularity OF the proceedings the
pulson but the main question raised Is whether the
the right to prescribe rates Of insurance to their
bers and whether the purpose OF their corporation
be interpreted 20 prevent contrary TO public pol
icy healthy competition among the members On the
delendants side It was urged that the prescribing Of
rates was within the purpose Of the corporation and
that In any case, the plaintiffs had signed the bylaws
and we're bound BY them. The Court took the papers
Several years ago Z. s Kip leased 70 the New York
and Harlem Railroad Company piece Of ground one
block above the Forty second street depot The rail
road subsequently, brought suit TO take the land fee
necessary for their purposes and the went 70
the Court Of Appeals which decided that the company
might take the land IN fee II necessary for them but
subject the lease. new suit was then commenced,
which the defence was that the company had sub
Etantiay abolished itself BY leasing ali It's property
the Hudson River Railroad. A demurrer the
swer Overruied and the company appealed to the
Supreme Court General Term, where the case was
gued yesterday For Mr.. KIP was argued
that the company having given up Their
property 20 the Hudson River Railroad Company
cannot now say they want tho land for their
use that the taking Of the land not necessary
for the purposes Of the other company and that tho
/ Harlem Company having made lease With them twas
a violation Of the contract under the United States
constitution 10 try 70 set II aside On the other side
the decision Of the Court Of Appeals up and il
was argued that there would DO violation OF the con-
tract in taking the land subject 70 the lease that the
Harlem Company by transferring its duties TO another
company, has not lost ts proper existence, either
compel that company 70 perform ts duties exer.
else the rights necessary 70 the performance Of these
duties
All the close or the argument the Court took tho
papers, reserying It's decision.