davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
SOLDIERS, HOME FOR THIS STATE.

An earnest effort is to be made by the dele
gates 10 the Lncampment Of the Grand Army of the Re
public which in January at Albany TO secure ac-
ton hch vii result in the establishment Of Soldiers
Home in this state The following circular has been adj
dressed to the delegates that convention throughout
the state:
CoMRADrs The citizens OF the state OF New-fork feel
that IL is high that energetic aud well directed steps
should be taken to establish within the pOftis Oh INC
great Empire state home where surviving com
adcs tie late for the preservation OF our national
existence shall have secure and comfortable aDdihg
place the evening of their lives. In response 10 the
prevailing sentiment large and enthusiastic mecunss OF
soldiers and sailors have been held in the nY of Brooh-
lyn County ~ Kings, for the purpose OF deVsng some
plan for the speedy Accomplishment OF tins result Aef
mature dcliberatiOn, il determined To defer action
until after your annual meeting, ana tbe uhitT7lencu
were appointed committee TO frame an address Tor pre-
seutatOn to organization, urging you to take action
at once.
Upon you gentlemen, the representatives OF your
comrades. deyoves the responsibility OF creating tms
much-ueeIed institution. We suggest that you provide
for the appointment active coumittce-Onc fully
alive the necessities of the casc-compOscd not 0y OF
representative soldiers and sailors hut also Of of
those charitable and argeeartcd friends who were not
active participants in the late struggle but whose "ht-
ments and syIupatles are and have in the past been,
responsive to the wants of comrades In proper
Rrnolvn will contTiimte $1,000 as their share toward
the liquidation of the debt that our citizens owe to the
WHO risked their ali IN defense OF our country IN
conclusion. ask your most earnest attention To the
fac that those soldiers and sailors OF NeW-l rk VINO
been obliged to avail themselves Of The privilege OF
home have been compelled 10 without the bounda-
rics OF the So and that to-day III the aims
of nearly every county men are ehlng out lhi'
cradle existence as paupers, who have gwen years OF
time. their utmost efforts their health, ana VINO wOd
have given cheerfuy life Itself in order that the nation
might live The duJ OF the hour - to Tectiy inns GREE.
wrong at once and radically. We beg OF YOU not 10
adjourn until You have taken decisive action in tie mat
ter Yours respectfully. =, = ,,o,,,
:. III. MILDENBERG, l.. Is. FOWLER,
j. A. LEWI-, JAMES MCBEER,
L. H. CHlrIENDEN, JAMES L. FARLEY,
JAMES TANNER, +. X. N>CHkL,
L. II. ROWAN a. H. DoIY,
4. c. PARKINSON, STEWART L. WoODFoRD.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
THE COURTS.
CITY ADVERTISING IN RING TIMES.
BRIDES TO POLITICIAss-HENRY HARrs PART IN


BRIDES TO POfITICIASs-HENRr HAkTs fAhi IN
THE WORK
A suit has been begun by FeOdore Mierson.
the former editor and part owner Of The Nep- Yorker
Journal against Henry Hart, In the Superior Court on
three OF the defendant. given Oct a. 1870
for S5 900 one Jan s. 1871 for $4,000 and one May H.
1871. for $1,000 The up before Judge sedg
wick u motion TO send the case to referee. which
WAS refused In his answer, Henry Hart after general
denial says that FeodOrc Merson and his associates IN
the ownership Of The New Yorker Journal de-
sired 10 obtain advertising from tho city ana
as their agent TO procure ths advertising;
that from time to time certain amounts OF money were
required to he expended in obtaining this advertising ;
that at the dates OF the notes the plaintiff gave the de-
PENDANT money for this purpose. and took back the III
legged notes az receipts the defendant inadvertently CIV
written papers The defendant further sets up a. cOn
tercam thai for his work in procuring the
he per cent OF all sums received Oy the
journal adv ersing The exact amount OF snch
receipts he cannot state but believes To Dc about
Sl5O,OOO.
The bill OF particulars annexed 10 the answer contains
a list payments for advertising in The Ner- 0rNer
Journal amounting e225 9l9 49, besides an unhscer-
tanned amount. in ali OF which Mr. Hart claims - per
cent and gives as payments 10 James Watson IN june,
1870 81 800; in October, 5000 in January, 1871.
- 900 and to James NJ. Sweeny in May, ISL $1,000
the get The Ne,c Yorker Journal appointed
Corporation paper. 80, r,
Feodore SiiorsOn severed his connection with me
Rer Yorker Journal On May l, 1874.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
ARGUMENTS IN THE SINGER WILL CASE.

AkGUMINIS IN TIE bINTEN VIII IASt
At the opening of the SurrogateS Court at
White Plains yesterday mr.. Van Pelt began his argu
ment in behalf OF Mrs Mary Ann Foster the contestant
of the VIII of the late Isaac NJ Singer After relating
the manner in which Mr. Singer had disposed of his
property in bis will Mr. Van Pelt stated that they did
contemplate breaking the will in the manner fore
Swallowed by counsel of prOpOnen to set aside all
claims of Mira Isabella Eugenie Singer and her children
but to divide the Oue-fteenth Of the estate devised to
her amounting to about SGO0,000 between her and the
contestant MIR. Van Pelt claimed that MI singer, by
continuing to live with Mrs. Foster, and publicly ac
knowedgiDg her his WIFE had really made her so
and although up 20 Jan % 1850, Mr. Singer had wife
living. which debaTcd the contestant from being the
wife Of Mr. Singer nevertheless by continued ac-
knOWed OF Mrs Foster h- wife after Mr. singer
had obtained his divorce from his first wife, counsel
said made her IA the eyes OF the law hs lawful wife,
III Van Pelts argument Will b. continued this morning
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
RAILROAD NOTES.

II. s. McComb President has called meet
in OF the stockholders Of the NewOrcans, 81 Louis and
Chicago Railroad Company, TO assemble ~ No 20 Mas
sIust Jan % 1876, to act upon proposition to is
sue preferred stock 81 the Company TO settle the floating
Indebtedness AMI upon proposition 10 issue bonds not
exceeding 9:iOOOOOO IN amount, To b. used 10 plOFde
the means 10 improve and better equip the road
The Albany and iIoosac Tunnel Committee
propose TO hold meeting at the Aston House tomorrow
afternoon. TO consider the eXpediency OF organizing
company build railroad and to consolidate with rail-
roads already IN operation from Boston by ~ COSac
Tunnel Albany. Middleburg Hancock. CarbOndale Pitts
and Erie Ia be known the Boston, iOOsac run
mel, Albany and Western Railroad Company.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
THE BROOKLYN MAYNARD.

Many spectators were attracted to the
NayyYard ia Brooklyn yesterday by the auction sale OF
the United States ship Delaware. The first bid offered
was 1OOOO and the amount gradually crep up to S20
3OO for which the ship ina. sold, subject 10
arnalion by the Navy Department to Daniel Becher Of
BROOKLYN The sale includes the hull aud machinery,
but tine former Is considered worthless. The machinery
estimated to be worth between $4,000 and 100000.
The Delaware was formerly known rs the Piscstaqua,
aud was built nj kittery, Maine IN 1868 She Is
ond-rate screw vessel of 2.490 tons burden Her last
cruise was as Vice-Admrsl Rowan's flagship in the
Asatc Squadron. from which service she returned IN
November 1870. She then transferred to the Quar-
antne grounds of staten Island and used hos
ptal ship during the Summer OF ISL
The United states storeship supply was put into COM
mission at the NayyYard yesterday by Capt. w. c. Tenn
Pile Executive Officer OF the Yard The officers aud
were mustered the quarter deck, when the orders
placing Commander g. ". Hayward IN command
read the shoppers the and pennaDt broken, aud
the vessel IN commission for service Owing tO the
inelemency Of the weather much Of the Formally nd
ami anon ,;ici occasions disp used with. The
ply M D. absent on cruise ~ less than six months 10
Europe She IL Ia take stores 10 France Tor tie Mcderra
squadron aud will tBeu visit several ports tO
atircs FOR The Centennial Exhibition among them
ks o. from American artists III Italy. The officers
went iusiisslY Ia work n get thir stores board
an! t-j ~" 30 foijy oi sss al ics days der arini-
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
CIVIL NOTES.

The General Terms of the Supreme Court
AMI Court of Common Pleas will meet Friday % rem
dor decisions.
A suit has been begun by August Belmont
70 foreclose mortgage for 80 000 maze by Thomas j.
Crcamar and wife the block bouniedhy Onehundred-
and-sixth and Onehundred-ani- and fhrd
and LcNu gtOnaves
The suit OF 0'GOrman against Kama<, which
has on trial before Judge Larremore, in the Court
OF Common Please since Dec. g. was comm ted yester-
day the jury. The complaint Of the plaintiff Is that
Kamak piled hm with liquor and then procured deed
o. a hOu from him The suit aside thdt deed.
The Court after calling in the jury once directed scaled
verdict.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
ACCESS TO A GAS coMPANY's BOOKS.

In the suit of Cornelius A. Bunner against
the New-York Mutual Gas Light Company motion was
made yesterday TO compel tho Company to give the
plaintiff access ia books for the purpose of framing
his complaint The plaintiff says that he one Of the
original organizers of the Company in 1866 Soon AFTER
the organization the directors voted 100000 in stock
900 shares TO be distributed under the direction of
the Executive Committee The Executive COMMITTEE
awarded 600 shares among ten directors equally, ana
they aferward awarded 200 shares among hye OF their
number. In both awards the plaintiff was INCLUDED
He admits that he got his 200 shares under the
second award and sold them, but says he never
got the 90 shares under the hrst award
and therefore not being acknowledged stockhoider
only the books through the aid of the Court His
affidavit Is supported by that Of George " Mclean
President OF the Stock EXchangt The dciendants clam
that the plaintiff is not entitled 10 the stock that the
correspondence OF his attorneys shows that all the acts
necessary 10 frame his complaint are sufficiently known
10 The plaintiff aud that the yagleness Of time IN his
afiayits gives rise to suspicion that he wants gen
era examination Of the books OF the Company for Interior
purposes. Judge DOnOhuc reserved his decision. Mr..
Dckerson appeared for the plantih VIM. +. Shepard
for the defendant.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
SHIPPING INTELLIG ENCE.
FORT OF NETWORK. .

FORT OF NETWORK ..........-........Dxc IS
CLEARED.
steamship City OF Brooklyn (Br). TDbis Liverpool John
q. Dale
steamship Erin tBr) Andrews, London. f. W. j. Hurst
steamship Ciiy oi Mexico Sherwood. Havana &c, Alex
andre y ,,oIs
steamship Leo, Daniels savannah Murray Ferris Co.
steamship 0iauoliS. licarsc, Boston, H. a. DimOck
steamship WyanOke Couch icaMOnd City Point aud Nor
folk. Ola Dominion steamship Co
steamship Atlas lijT Low Portau Prince and Savania
pia, FOrwoOd g Co
ship Royal Alice (Br) Hughes. Liverpool Arkol tufts
Co.
BARK beethoven tGerl Lensehao. Lisbon, Funch Edge
Bark Eliza Barss OBI Hols Hamilton. Bermuda A. K
Tucker.
spesiwe (ir) Toner Alicante Spain p. I. Nevius
y
bark 01rss Duntze Georgetown. Dem. II. Trowbridgos
Brig Iano hnss an iunsen Gibraltar far orders. Punch.
Edys a.
rs 5uAiaue Oh ROgssot Gloucester Eng. Fanoh Edge
n %
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
TWEEp's BAIL FORFEITED.

Judge Donohue yesterday opened the Court
OF oyer and Termner, Supreme Court Chambers, to
announce that lie had concluded forfeit the bail on
Tgeeds recognIzances to the criminal charges
against him Court OF oyer and Terminer ON the
request Of Dudley Field and the assent Of Dissatisfaction
ney Phelps formal settlement OF the order OF forfeit
ure was adjourned until tomorrow at 10 a. I
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
COSTLY CURIOSITY.

WILKEsBARRE, Penn, Dec. 2S.-An explo-
sion of fre-damp occurred to-day in the Hutchinson
Mines near Kingston A wall had been erected shutting
OF Il part Of the mine not in use, but an opening
made through 1t to-day, AMI boys against orders.
went through with burning lamp. The explosion fol-
lowed. Dennis Foster and Martin Ryan killed
the spot while the boys and several others buIned
James Hutchinson blown into pool OF water
downward aud held there by the debris unti lie
extnct. Ille miurles % tins WORKS Melr not grcAt.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
PISSENGERS S.lLLED.

FOR LINERPOOI-In steamship city VI BROOKLYN, Dec
2s-Mrs r.. ID. stewart, A. Is. Mulett julius Baur. W IL.
Webb j. r. Neiil Mr. and MIS- IL. = Gil children.
Mr.. Lafcrte, VIM lawson ThOs. IL >tOckley All y. Tong
l., Dow, w. o Clay, henry Dunlop Miss Jalia Crimns
Kur;z John Weber James b. Serwin Joseph D. Shorwin w.
T. Anderson c. r. Newbery WIN. owen Clay, Chas. DAVIS.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
NAVAL ORDEP3,

WASHINGTON, Dee 2S.-Enslgn NJ. 4. ShUfeldt
ordered to the Marion The % OF January Ensign Asl
Reynolds l. Of rel 10 the Passed Assistant
Homer Law u ordered ~ the -ip sabine Pl-cd
Assistant JOhn r. BrIusord dtAciel irDi spec
duty and uri'ri the naval hospital 81 Ch-s MAs
tho 9Th oi January. Passed Assistant SgfSeDn william H.
paws run The rtcying ship saAir 20 placed o. waiting ~
trrs Chief Engineer a. J. kirrsa !, relieved PtnslBnt n
the BOafi oi Examining Engineers AMI Oproi - The NsHl
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
A pEsERvING rAMILY,s ExrREME DIsTREss.

Mrs. Mary Corner, whose appeal to the
charitable public published in THE TRIBUNE OF yes
terday was visited by TRIBUNE reporter for the pur-
pose OF ascerainng the condition OF her family lac
family consists OF Mrs Gerncr, her husband Aekhder
Gerner and four children. OF them newly porn IN
FAINT Mr. Gerner who 80 OF age, is native OF
Denmark and has been in this country Tor ten years
He served for three years during the late war as non
commits ,oned officer in the sth United States Infantry
receiving an honorable discharge with the recommenda
ton attached, excellent" He then enlisted IN the
Engineering Battalion serving out his full time of three
years Since last August he has endeavored TO fnd en-
poyment any description in the city but has thus
far been unable to secure any. HIS recommendations
some Of which come from Robert q. Gregg, e. w.
Euxholm of the Willets Point Engineering Battalion,
Joseph H. Tookcr, Business Manager of Booths IneeI
Alexander Mackenzie, Captain of Engineers AZ W met
Point and H. L. Abbot, Major Of Engineers at the same
place describe him honest Industrious, lalthiu
and sober man, well man OF ability; What ne
asks that employment be given him. in order that ne
may save his family from starvation The nome Oh Ine
family, at No. 1888 Fast Eleventist IN the rear was
scany furnished, although the floor was without
"A carpet and furniture not OVcr-abunddnt, ever!
had The appearance of being neat and Clearly. The
family appears to be very deserving and an object vi
charity % be commended
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
. sat 10 a railway cnr. his mead was

He sat 10 q railway ear. His head was
thiokly covered with ~ rcd hair Behind him IN
"A seat lat a man with hardly any hair Oh his mead. lie
said him guess you wasn't around wnen they dealt
out hair" "Oh, ycs, was" replied bald head, but
they offered lot OF red nar ana told them 20 throw
II into the ash in POug ikeepsic Eaglc.
A Chinaman at Truckce, Cal, being detected
the other day attempt steal piece Of rubber
hose was kicked around the block by the irate
owner aud after he had thJTO ghY exhausted himself
Ld worn the OF the tecsas nfai00ns, john
calmly piOIonDded the following question " ieu no
ihee icLGIBf'
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29

At the Essex Market Police Court Yesterday,
Alo.s Wanllin5 wls held ior keeping di'oriry house
At the Tombs Police Court yesterday, Edward
Fchy held for Keeping lottery Office n NO SprnssL
At the Washington Place Police Court yesterday.
9fcGnness held for assang officer Fitzpatrick Of
lac Twentieth Precinct.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
A FORTUNE GIVEN AWAY BY LOTTERY

NEw-ORLEANs, Dee. 2S.-The Golden
Drawing" OF the Louisiana Lottery took place at the
Academy OF Music yesterday. The following numbers
drew the principal purses No. 582 won 100000: No.
iL7Og drew $4,000; No. ,. 24o drew 500 OO0 40.
ll05 drew S1O,O0O Nos 3,9lS aud :, i6s each drew
5000 and tho following $1,000 each: Nos. 16S, ls9o.
O,DOi, and | 40
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
THE GUARDIANSHIP OF A CHILD.

The matter of the guardianship of Kate w.
Shepherd. infant, came before Surrogate Hutchmgs
some tine azo petitions Jf Mrs Elizabeth n.
,omorell TO yaoato order made Oh Nov 81 1873
moving her ~ tcstsoIentsry guardian aud appointing
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
HORSE AND CARRIAGE MlRKEE

NEw-YoRK Tuesday, Dee. %. 1875.
At Arch. JohnstOa's sale to-day, Thirteenth
ST., between University place and Fhnye., the attend
ance good in spite OF the uniavOrabe weather, al
though the prices obtained seemed to be affected by the
dullness outside. Below quoted tie figures OBJ
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29

Emily H. Walker IN her place. ana another OF Aopy D.
Walker to remove Mrs. Domorc from tho guardianship.
TO which position she appointed by the VIII OF
Samuel c. shepherd, the childs father who IN III OF
in sanity shot himself September. 1873 The renoVai
OF Mrs. DOmore as guardian Oh Kate W sIepheri was
songht on the ground insanity. The surrogate IT,
served his decision until yesterday when he gave one
heretofore entered appointing Emily r. Walker, the
cbds aunt as her guardian therefore remains in fuil
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
TIE oRPH.Ns' HOME AND ASYLUM.

The twenty fourth anniversary OF the Or
phau,' Hon, and Asylu OF thc Protestant Episcopal
Church was held yesterday at the institution al Forty
unth-st and Icxiugt0uayc. The Rev. TIA, od0Ie A.
Baton. u. u presided. with him in the chancel were
the Rev J. y GaIlcher ID. d. the Rev Thomas Gallau
det H. d. aud The Rev Arthur Brooks. Nj. Brooks de-
lycred short address to the children. Tae secretary
report shows Tat in The Home there now 40 chi
drcn FROM 10 Il years Of During the year two
children died legacy OF $1,000 left the Home Ivy
Mo. Frances Rogers. During 1870 the int
rior OF the Home repaired and repanIed,
and the yard tagged, the latter costing SLID
The Treasurer reported that the permanent fund WAS
Sl432!4 "a. During 1875 - 1862 SO given toward
the erection Of chapel, and legacy Of 1900 was LETT
ly George Merritt for the support OF half Orphans Inc
following II trustees then elected Mis- Eugene
Dutiih Mrs. r. g. Tucker. Mrs. Arrest Fink. Mrs T. j.
Owen Mr.. John Warren. Miss julia Rhinclander Mrs
Joseph Grafton Mrs. H. II. Renwick. and Miss NJ. D.
Jones The OGcct for 1876 First DlrectreSs Mrs
Eugene Dutlh; second DrCctTess, Miss Anna Potter;
Secretary Miss Anna J.. Peck Treasurer. Miss Mary >
Jones; Trustees of Fund.- ". A. Smith aud Adam Nor
RE. . .
After the meeting a held ny the ladies inter
the Home. which largely attended Later ia
the afternoon handsome Christmas tree was lighted up
for the children who given books dolls. toys cake,
and candy There also a smaller tree in the nursery
for the younger children Tie Institution receives CIl-
dTen from three To eight years OF axe ana not adopted
taken home, placed la situations when IL years
old though watch Is kept over thom until they arc Of
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29

ment will be light consisting OF pound brass how
tiers, besides small arms.
The iron torpedo boat Intrepid arrived ut the Navy
Ward y,serl ~ after an absence OF few weeks at New
port where she testing this efficiency OF several
kinds of orpeiocs The Intrepid II now preparing Tor
sea although her destination Is not yet known. Cons
u,andcr G.. h. HUNTINGTON Ia In command.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29


sun ..... 1923 set-.... ss0 Moon SETS. 62s
HIGH WAFER ms DAY-A.
sandy Hook. Si2 COWS Island. g:l9 He! Ferry
HiGu WATER DAY..
sandy Hook. 9Oj Island 9iO Hell o. Ferry 20
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
Sales In auction.

A. MRRS1S, AucUOneer.
Of BANGS, MERWlN Il Co., GO Broadway,
ID near BOndst-sae. Of Books Works OF AT Fancy
Goods sc.
EINE BOOKS AT AUCTION.
4 Now On exhibition the Cliuton Hall SalerO1ms-A
LARGE COLLECTION of FINE BOOKS, mostly filu retci
M0rks best editions 81 English AMI Amrr Authors
giant bindings viz I0ydels gallery folio Brush Gal
leTy ~ Pictures haf NOR. British Poets Adne Edition. 3
vols Boi'serce Gallery folio nor; Conel Foreign Cattle
irls, folio. half NOR Dcseu>s Works, 2b vols half calf
Fndens Illustrations Of the Bible halt NOR; 0lbeus Por.
tr's OF The Court u Henry Viii; Illustrated London News
10 vols folio half NOR; Jdriincs Naura,ts Library 20
vols, Bon JODsOns NOrss vols, calls NIans
~ the Clans ~" scotland vols haf NOR. NichOss
Literary Anecdotes, vols calf P1ychromauc
Mt fDi0 hall Pugins Gothic Architecture vols,
40 haf NOR Retrospective Review lS vols cat scott.
Waverey Novels. 20 vols. half Shaws Dresses ani
Decorations. vols half mor Turner GALLERY. folio NOR
etc, e.c 10 b" sold D. auction WEDNESDAY aud THU RI
DAY EVEN NGS, Dee. - and 80. a. y O'Clock.
The NJ tssr,. LEANIIT, Auct.oneors
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
JUDGMENTS AGAINST DUNCAN. SHERMAN & co.

JUDGMENTS AGAINST DUNCAN, SHERMAN & CO.
Five judgments were entered yesterday with
the County Clerk against Duncan, Sherman co. one
was by the Chatham National Bank for Sl02l7 81 one
by the Fourth National Bank for S50667 l3; one by
Smith owen for S1O27i 81 one by stephen f. Cox and
John NJ. sedgwick for $3.50 90 one by Tnomp son
Dean for 5000 IT, The first three include Alexander
Burgess as defendant, and on bills Of exchange
drawn by William Burgess and accepted by the irin aud
discounted by the plaintiffs The other two suits are Tor
deposits made with the defendants as bankers
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-29
oouNrER.cLAIMs DIsALLOwED As A DEFENsE.

COUNTER-CLAIMs DIsALLOwED AS A DEFENSE.
In the suit OF Joseph L. Gloggner against Jacob
Berlin and others, Judge sedgwck in Superior Court,
Special Term. has decided demurrer IN favor OF the
plaintiff The plaintiff claimed a balance Of 1891 de-
posted with the defendant and 1901 commissions ON
goods O. defendant from Europe. The defendant
substantially admitted in his answer bOth claims, but set
UP as kahn that when the deposit with him
made tho plaintiff agreed % 10 10 Europe to secure con
nment 70 defendant Of straw goods representing that
could large amounts % such conSgnments He
did not the defendant says anything like the
amount consgnments be promised that the loss
between his promise and performance was 200 Tie
defendant charges further that the plaintiff actually in
urcd his business BY representing that he was about to
retire from Business. TO the extent Of $4,000 year
To both these charges the defendant dcmurred
that they did not constitute cOunter-clam.
Judge srdgick says that the matter dcnurred 70 is
not available cOunter-caim In this action, under
of the Code. II does not arise out of the
contract transaction SIT forth in the complaint ~ the
foundation OF the plaintiffs claim, nor ist connected with
the subject II this action. He was also Of the opinion
that does not state 9cts sufficient 10 constitute
defeuse The general damages which were claimed Gid
Therefore appear 70 be the necessary result OF
plaintiffs acts. Sullivan. KObbc and Fowler appeared
Ior the plaintiffs Yanderpoei, Green, and Cumming ior
the defendant.