The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-04

was fuytAsr asscsvesed s&at msrtsaes OF $4,000
in sdditasn 70 tnst sa.dsntAstsd " the xaptrsct
upon deemed ned to accept siis. i is The ne
dossr sds 8; tssss t assosissa
ON q day antecedently to the day set apart
tQr posing sAtIe- Anderson refused to ASCENT
action m the supreme Court 10 csspsi spceinc
performance, and yesterday motion came up be-
IHrs sGaSe LIZ dssfsnSs ssrpg u Supreme Court
receivar pepdente Lite.
me delandAnt appeared, BY Nsssrs Han d
showed that the plsinsifi dG not tender iul per-
4ormaDce; that no money was rendered That the
hS release & eowss was 60 d ana ssS s
Ntie OF her dover. rs ~ was executed on q day
Sss ss ss 20 ssy q shs sSs
husband, revived the wiie's ripht OF dover aud
therefore the platntar did not periorm and, fur
over overssamasns ' the value sSs Drop.
cry he proposed 70 give anderson IN
equitable and nnequai contract OF exchange. a1d
tnat 20 court Qi equity would order epect0c per-
AZ Iss close Of M. Charles 'sisndsss; argument
that Il the dsiendanf's isots %eae true sIs scton
could net stand, and ~ sugGes'ed reaersncs.
oeiver, to zodiy the tnjuncIion and to refer the
whole issues TO a reiefsee for examinations VINO
Tile DOVER snes si s'f mere raised q very in
terestlng one and the result II looked FORWARD 70
with great interest. f-H III
MORE VERDIC1S AGAINST THE CITY.
Judge Larrem re, holding Trial Term, Part 1, OF
the Court OF Common Pleas. was engaged all day
yesterday in aiding ltignnts who had just claims
against the city to compel Comptroller Green to
unioosen bis fangs on the treasury ana pay the Ia.
borers their nire.
The first case was that or Thatcher against the
Mayor, In which 1t appeared that the plaintiff was
employed in Jane, 1857, as . CLERK In the Comp
troler's ofiice. during Dick Connoiy's regency at
the rate OF tl,5pp . year. He continued in the
performance OF his duties for live years, when Mr..
Green refused to pay him ~ the rate OF SIPS
ana December, 1871. lie took lesser sum than
protest, receipt In luh. The defence lntefp0ssd
~ the cty WAS Of tile usual technical nature, and
amount claimed, with interest, sl50 Sc
The mex case was that OF kQpert N. Grant, who
prought SUIT against the city or arrears OF salary
a. clerk IN the Finance Department.. The defence
through Mr.. Dean, endeaT0fed 10 show by Mr.
Storrs that there was no appropriation. from
Iogg plaintiffs attorney, objected to the proposed
evidence on the ground that IT was tmn aterlal,
It. rhe defence also attempted 10 show that the
plaintiff, having submitted his claim 70 tho
Soard o. App 9s,rn ana Audit and that
NE pla,nyiI could not sustain his action. Tue
plaintiffs attorney objected 10 the proposed evil
dence IN regard 10 the action OF the Board OF Ap-
porttOnment and Auuit on the ground that " was
fmmatertal ana argued tnAt although the Board
mad discretion in some cases, that where the
claim was fixed BY law or contract they had no
discretion. aud thai II In such cases they audited
AID allowed a claim At q less amount their action
was not final. The Judge sustained the plaintinrs
view OF the question and rejected the. eyldence.
IN Mhep an exception was taken by the Dc enSs.
salary was legally Fixed at Sla5 was submltted to
the jury, VINO returned verdict without leaving
their seats.
In the case of Mcgowan W. the Mayor-the
plaintiff was constable IN the Over and 1erminer
ana had 70 sue the c,ty-tnar IL, Mr.. 'Green-ior
The on ormous sum OF $50, which the counsel Tor
the city had 70 admit was Justly dpe-the july
accordingly awarded that sum TO the pIaintif.
There are twelve similar cases ~ the last ana
Mr.. Dean. Assistant Goa p0ration CounssL cun.
scented 80 allow Judgment ior the plainslds In
every instance.
From yesterday's proceedings. therefore, in only
one branch OF the Cpmmon Pleas tho city Will ye
saddlef. independent oi the yerdIcts 9nd jpdg-
ments above recorded, with At least 800 as legal