The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-30
THE COURTS.

Some time since MISS Helen Josephine MansfeId
obtained judgment against tue estate OF James
FISK, Jr.. OF which Lucy ID. FISK Is the executriX,
lor SIS, 900 on two promlssory notes given her by
FISK. An application was made for new trial on
the ground OF newly discovered evidence. Judge
Van Bruni, In Supreme Court, Special Term. be-
fore whom the Application was made, gave his de-
cslon yesterday denying the application.
The taking OF testimony began yesterday before
Colonel uardie. The referee appointed to take
proofs as to the counter claims OF Colonel Temple
ton and Mrs. Ida Maud Templeton to the custody
Of the latter's child. Mrs. Martin, daughter OF
Colonel 1empleton, was examined at great length.
Her testimony went 10 SHOW that the mother was
/ woman OF violent temper that she had no afiec'
don Tor the Child and was an unit person TO have
is care. The examination Will be resumed TO-
morrow.
Coroner Kessler brought suit against the city
or $4,000 balance of fees claimed to be due him for
,ticial services. The defence that the APP
ropriation Tor that purpose had been exhausted.
Judge Van Brunt holding Special Term OF the Su-
preme Court, gave verdict in his favor, holding
that the case came within that OF Judge Quinn
against the city.
In the case OF Nine. I'll, accused OF causing the
death OF Josephine Curtis the soprano Singer, a
writ OF hapeas corpus was procured by her coun-
sci, Mr.. William +. howe, and the accused brought
yesterday before Judge Barrett, IN the Court OF
Oyer and Terminer. Mr.. Russell, rhe Assistant
District Attorney, stated that her case was under
consideration before the Grand jury and ne de-
sired. before any action should be taken with view
to her discharge, TO await the disposition OF the
by the Grand Jury. IL was finally arranged
10 defer the matter until to-day, when, in case the
iury fail TO ndct the accused the application VIII
De received Tor her discharge; but otherwise
motion will be made for her release on ball.
Roswell B. TAYLOR sued the city as assignee OF q
claim OF the Transcript Association for $1l, COG 80
.or printing. The defence Is that the WORK was
worth SO, $50 60 and the city also seeks 10 or
BET claim OF 100000 against the Transcript As
location. \ motion was made yesterday before
Judge Donohue in supreme Court TO refer the
Ease, in which he took the papers.
Catherine Klengenborg and Francesca Muller
Ire charged with making claim against the gov
rnment OF the United states for pensions as the
widows OF deceased soldiers, knowing sucn claims
20 be false and fraudulent, they separately, and
before the making OF their afidavits that they
we're stu WIDOWS, having intermarried with other
men with Intent TO deIraud the government. Held
or examination IN $500 each.
In the suit CT Blum vs.. Congregation BETHEL, APP
plicaton was made yesterday by Mr.. hamburger
the supreme Court Tor an Injunction restraining
she removal OF dead bodies from the atter's burial
ground to Cypress Hills Cemetery.
Judge Van Worst, in deciding the case OF the Sc
curly Insurance Company against the New Jersey
Steamboat Company yesterday, held that Messrs.
Drew Enghs and Norton should pay the Judgment
proportionasey to the amount or stock each held IN
she corporation. The complaint was dismissed as
igalnst Mr. Vanderbilt, on the ground tina. ne had
parted with his interest IN the corporation to
snglis. The last named defendant having died
nnce the commencement or the suit and the
action not having been revived against him, 10
decision was given IN the suit as against INN.
THE CITY AND COUNTY DEPOSITS.
In the suit brought by the city against the
Broadway National Bank, q. one time or the
repositories OF the city and county funds, and IN
which a motion was made on behalf OF the pank
for bill or particulars decision was given yes
terday by Judge Lawrence, OF the supreme Court,
before whom the motion was made, granting the
application. The suit, as Will be remembered, is
10 recover an alleged balance OF deposits not
drawn out from September, 1868, 10 May 81, 1873.
II Is alleged That during this time s226, oO4 600
OF CITY tunuS were deposited in the
bank, OF which sum s225, 600 900 were duly ana
properly paid out leaving 81. O04 go still la the
bank belonging 10 the city, besides some 5000 900
crued interest. A further allegation Is thai within
the period Of time specified $685. OO0 900 OF county
lunds were deposited also Ia this bank, OF wnicn
sum sl63 coo were properly paid our, leaving
S5.j00,0O0 still unpaid. Mr.. Palmer, President OF
Inc bank, makes an AFFIDAVIT that all the de
posted we're drawn OUT BY warrants. and that
there Is money in the bank belonging TO the
cy. fne opinion OF Judge Lawrence Is quite
lengthy. After reciting the acts OF the case ana
citing various authorities bearing on the same, he
concludes foilows:--
The defendant has paid during the period
embracing the transactions referred TO IN the
complaint 32,l12 warrants account OF the
county and 60,l5i warrants account or
the city, and the aggregate OF The pay
menLs upon these warrants Tor the period atore-
SAID IS over $3.50, UOO coo. IL would grossly un
Just as view IT, 10 compel the defendant to an
swer or 10 go 10 trial without hearing winch one
OF the $1,000 warrants Is 10 be challenged by
the plalntin as improperly drawn. or wnicn por-
Ion OF the $3.50, U0O.ooO OF payments the painnr
disputes This is not case wnere the
means or know ieGge are equally accessible 10 both
parties, nor wnere the iacIs are mere peculiarly
within the knowledge OF The defendant Ia sucn
cases the courts nave very justly reused re-
quire he furnishing or bills OIL particulars young
Va. De Mott, BARB. ). c. r.. 34I. In this case the
nature ana particulars OF the PLANTING demand
are peculiarly within the possession and KNOW
edge oil the plaintiffs officers, and 1t s quite ap-
parent to me that the defendant cannot, from the
books or vouchers In us possession, determine
what the nature oil that demand IS The notion for
bill " particulars is, therefore, granted With costs
OF motion. Tne order Will De settled on two days