The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-02-03
COURT OF APPEALS.
ALBANY, Feb. 2 1878
NOTIONS.

Rockwell VI. Avery-MoLi0n to transfer from
the Commission Of Appeals to this Court.-N. G.
Moak for motion.
Person vs.. Lockwood-Motion Tor an amended
remlrtltur.-The case being In the commission the
Court decides the motion must be made there.
No. T. Knapp vs. Harkness-Mouon to open de-
fault "A. j. Parker for motion; George Abel, Of
counsel Tor RESPONDENT. consenting default
Dawderey vs. McCallom.-Motion for reargumcnt
submitted.
Lamont Thompson vs.. Tracey ct al.-Motion to
strike cause rom calendar.-Henry L. Clinton
for motion; Francis Herman and Charles Tracey
SKINNER VI. valentine-Motton for rcargu-
ment.-M Fairchild Tor motion GUS points to be
torwarded) papers submitted IN oppos zion.
Judgments af1rmed, with c0sts.-Silas kawson
ct al. vs.. Alexander Holland. trustee; Mauulac.
turers' National Bank VS.. cox, Administrator, &c. |;
towns Tompkns VS.. Lee; Board OF Supervisors OF
Richmond County VS.. Ellis; BocxlIn vs. Harden.
Jadgment ARMED with costs pro forma.-The
Farmers and Mecnanlcs' National Bank Of Bull
JUDGMENT OF General Term af1rmed. with costs,
with leave TO defendant to answer upon payment
OF costs.-Phelps vs.. Racey
Motion 10 dismiss granted, without costs Of ap-
peal or lnoriOn.-C0stello vs.. Dale
Motion denied, with $40 costs.-Duncan w. Der.
Order OF General Term amrmed, with costs-In
the matter OF Aaron Arnold to vacate assessment
order OF General Term reversed and oraer OF
OF Samuel Phillips to vacate assessment.
Appeal dismissed with costs.-Rienmulier VS..
Skeamon Courtney VS.. Baker; ThurDer vs.. Cham-
Ders. The People ex rel. Mamie VS.. Mot,-notlon
to restore to calendar; Z. FRANKS Tor mot10n-
YORK central ana Hudson RIVER Raroadmoton
for reargument; A. j. Parker for motion, Samuel
Hand opposed papers submitted.
Appeals from Order.-Davtd Risley, respondent
VS.. Pn9nIx Bank OF the city Of New York, appel
liant: argued bv Flamen b. Gambler, OF counsel for
appellant, and Ivy Edward Ii. Hobbs, Tor re-
No. 20i. In the matter Of New York Central
and Hudson River Raiiroad 10 acquire lands. re-
Submitted by Ii. v. Rowland, OF counsel Tor appel
liant, and argued by Edward Harris for espondent
NO. 29S. Charles w. Bartlett appellant, VS..
Alexander Mcneil, respondent.-Argued ~ John
II. Bergen, o. counsel for appellant, and BY Ed
ward IL. Hobbs Tor respondent.
GENERAL CALENDAR.
No. AZ. Margaret Carroll, respondent, vs.. Eliza
beth Carroll and Others appellants.-Argued BY
Philip I. Crooke, OF counsel Tor appellants. and by
N. 9. Moak, Tor respondent; case still on. Adj
journed to Wednesday, February 8. 1875.
court OF Appeals day calendar, for Wednesday,
February 1s7S-Nos. SO. 90. lol lO2, loa LOG, 1o7
and "a.
UNITED STATES SUPREME COURT.
WASHINGTON Feb. q 1875.
No. l62. Crosby ct al VS.. Buchanan-Appeal
from the Circuit Court Tor West virgnia.-Tnis
was originally an action brought to obtain con-
srruction OF the will OF william King, formerly OF
Abingdon, Va, who died In 1908 without children,
lea wing an estate estimated at $3.50 900, and sup
elemental bill asked partition of the estate. The
will devised the entire estate to q nephew OF
the testator, William King, Jr., upon certain con-
dltions which were never fulfilled, and 1t was de
cided In 1925. oy this Court, In SUIT brought TO
determine the character OF the WILL that there
being failure In the performance OF the condi-
tons OF the will, the estate passed to the ners-a
law. Under tnat decision there was Distribution
OF the estate. TINS suit commenced by one vint,
In 1888, ana Continued by his representatives,
claims title TO two OF the shareJ thus assigned, by
virtue OF certain deeds set up In the evidence.
Tne decision below sustained the caim. and It IS
here urged that Vint had no standing IN court
and was not entitled To be neard because II he
had any valid CAIN ne should have had II passed
upon-as IL was then OF some years standing
when the original suit was decided. Not then
making his claim known ne is excluded and his
Clam should be dismissed. J. W. Johnson and d.
A. Meredith, for appellants; wells Chandler for
appelees.
&c.-AppeaI from the Circuit Court Tor Virginia.
This bin WAS fled for the purpose OF setting up a
deed OF trust, which had been paid seven years
PRIOR to the suit Q552), on the ground that
payment had been made In virginia bank notes
and confederate money to an agent without au
thority. the deed OF trust was lett with an attor.
ney Tor collection, and at maturity the money IN.
dicated was received IN payment. The complainant
alleged that he did not learn that such payment
hau been made until the war closed; but In his
deposition IL appeared that he heard OF II IN 1865.
In 1867 the attorney died, and In 1869 the suit was
brought The answer was that he compiaInant
did not disavow the attorneys act until alter his
dca tn nor ala ne 90 so at all before he
mcnt OF TINS suit although the facts were within
his knowledge at least three years PRIOR
thereto. The bill was dismissed. IL IL mere
urged that, granting that the attorney was au-
thor Izcd TO collect tue money, MS authority was
given without the contingency OF the war being
hau IN view and tnat therefore, the occurrence Of
the war revoked It, IL Is commended, however.
that the attorney never was In TACT. authorized TO
collect the deed. II. A. and J. y. Wise, Tor appel.
Inn I'M a