The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-24
SUPERIOR coUnr-sPEc1AL TERN.
BY Judge Curtis.

BY Judge Curtis.
Crtukshank vs. Wheelan.-MotiOn denied with
SO costs OF opposing 10 defendant to abide the
event OF the suit.
Hlssong. oy guardian, VS.. Hart.-Motion for ex.
onoration OF defendants bail denied. Opinion
New York Guaranty ana Indemnity Company vs..
Raston ct aL-Plaintth's default opened on pay.
and also trial fee and stenographers lee and lees
OF deler dant's witnesses Tor March term. Cause,
day OF APRIL
BY judge Mcneil.
Holb pr receiver vs. orgler. Sc.GIhs case
TACT and law and Will be ordered on 1le.
COMMON PLEAs-sPEcIAL TERM.
BY Judge Larremore.
In the matter OF the unsafe buildings Nos. so7
and 300 East Filty-iourth street; in the matter OF
the unsafe building No. 479 Canal street.-Urders
granted
MARINE COURT.
Bv Chief Justice Shea.
william r. Stultz vs.. George Harrison and
others.-rne motion Tor new trial on my min
utes Is denied. The defence is that the note In
suit is one OF several procured from the deiendant
Harrison by fraudulent aevIce, and that his
mental condition at That time was SO lniirm as to
expose him easily 10 deception. The testimony
given by both parties was conflicting; The jury
saw and heard Harrison himself relate the whole
transaction, and their verdict must be taken to
assert that, in their opinion, he was not imposed
upon by the alleged fraudulent conduct nor
through his own alleged mental weakness That
verdict was neither against evidence or Its proper
weight. This being so. 1t Is OF no legal value IN
this case whether the plaintiff is IA holder Tor
i
that the equities were open as between the par
to this cause, and the jury have Iound those
equities in favor OF the valuable character and
good faith OF the consideration OF the promissOry
DoJes. The order on this decision can be settled
by either party on two days. notice.
Hecht vs.. Celler and othcrs.-Motion for new
trial on my minutes denied. The evidence was
amply sufficient and clear 10 prove that the title
to the property LEVIED upon was In he plaintiff
and not III the debtor aGalnsr whose property
the execution was Issued. the estimate OF dam
ages was In accord with the settled rule Of the
law. The order on this decision can be settled by
either party.
minutes for new trial denied. Tue ana cnormia
need not be avcrred, ana the evidence as to the
plaintllf's physical condition was properly ad
mlttcd as circumstance tending TO show the
character OF the trespass.
Alice Muchlnock vs. Daniel 3. Magill.-A verdict
In favor OF the plalnt is directed by the Court to
be entered upon the special findings or the jury
alter Il consideration OF the question OF law re.
served at the trial. The damages are estimated
at $500. as In my opinion the contract price Is
prima facle the measurement OF damages. 1t Is
not an action for breach Of contract. but upon q
contract executed so far as palntlf Is Obliged by
It's terms, the burden OF proof, II any elimination
OF that damage could be admitted, being upon the
defendant. No such proof was offered The de-
clsOns in Wilson VS.. Martin and Spencer VS.. Hal.
stead Il Deno's Rep, 602-500 do not affect what
conceive TO be the proper view OF the present
cause.
Betty Jacobs VS.. s. Jacobs.-Motion for new
trial denied.