New-York tribune., 1875-02-09
CIVIL NOTES.

On the application of the New-York Bridge
Company to the Supreme Court, Commissioners were
yesterday appointed to fix the value OF lot on Water
ST., owned by GrasSeC Launey, neeucu IOr Tue ap-
proaches TO the bridge.
Judge Lawrence, in the Supreme Court
Chambers has denied the motion OF senor Leiba for
mandamus to compel the Sociedad Beneficial EspaIo to
restore him membership. He does not show that he
has applied for Of the privileges OF membership and
leeD refused. He only shows that some has told
him he was expelled. That is not enough.
Daniel L. Donovan, owner of 81 900 GER
tfcste issued in advance by the town
of Morrisania before consolidation for work on One
forty ffth-st., applied yesterday to Judge
Lawrence IN Supreme Court Chambers, for mandamus
to compel its pay Dent by the Controller. The motion
opposed the ground that the claim had not been
audited IN the Finance Department The mandamus
was granted.
In the case of Thomas Young against J. c.
J. Iangbein and others, which has been already re-
ported Judge Van Brunt sitting In Special Term has
decided for the defendant. The plaintiff claimed as
tenant by the courtesy the share Of his wife In her
fathers estate The defendants claimed that his wie's
child was not alive. and that his wife had sezin
out which the courtesy could grow Judge Van Brunt
thinks IL unnecessary to pass ON the first question as
under the will of her father the wife only entitled
60 the income and not the possession OF her snare until
her youngest brother became OF age.
The stock suit of Charles r. Butler against
lanes White was tried in the Court of Common Pleas
before Judge Larremore yesterday. The former gave
White $3.50 to invest in stock operations with the under
standing that should put like SUN and divide the
profits equally White put In no money but took $40 Of
the plaintiffs money, invested it, and II Is claimed by
tbe plant made sl02 &C. aud appropriated the whole
Bntcr sued for the $3.50 and the profits amounting to
sl02 26 resulting from partial Investment. The de-
tense IS a denial, aud claim that all the plaintiffs
money sunk in stock operations Verdict for the
defendant j. L. Miller for plaintiff; IL. s. Bennett for
defendant.
Judge Van Brunt, in the Supreme Court
Special Term has given decision In favor Of the City
p the suit of Charles b. Wood against the Mayor The
.ut was brought for the rent of floors No 6l9 Sxthave
for armOry purposes The answer was that under the
militia law the Supervisors had no power to make the
lease The plaintiff demurred to this answer, claiming
act OF June 15 1873, repeating all acts prevent
lug the payment OF arrears OF rent for armories and
case the had been actually occupied and rent
for time paid. Judge Van Brunt holds that this act
repad rents OF armories and drtllroOms from debts
which mi ght paid OF bonds and did not avail to
make valid lease invalid in it's inception.
In the Court of Common Pleas, before
Judge f. DAILY suit was tried yesterday, brought by
Elizabeth Rbera against Joseph Rbera for alleged
version OF salad OIL valued at $780, This consigned
TO the plaintiff August 1872 and it is claimed that it
was taken out OF the Custom honse by the OF fraud
uept papers, by the defendant who subsequently, ad
mitted receiving the OIL but refused to return It. The
defense was that II Was consigned to the plaintiff
common with Mary Parasso that the paintin refused
10 pay the duties, and that Mary Pnrasso employed
house broker TO obtain It, signing the name of
Elizabeth Rlbosa; that, hnaiy tas deiendsnt had nc
case that the plaintiff had the defendant arrested by
putty sheriff who, being In civilians dress was re-
sisted on the suppostton OF hts being highwayman
RibeTa Was beaten about his he Nd and taken to Ludlow
at JAIL and prosecuted for assault on the ofbeer
This occuered In September 1874 and TINS ~ the nrs'
time the AAip question has come 10 trial. r. e. oa-
nOp appeared for the plaintiff; Benjamin i. Rnsseil
for defeidanl. The jury found for the plalntn %9 &c.