The New York herald., 1876-01-20
SUMMARY OF LAW CASES.

Application was made yesterday TO Judge DAVIS to
name the elisors in the civil suit pending against
Peter B. Swoeny which s7,oOo,Ooo is in
volved Judge Davis reserved his decision
An order has been granted out of the Supreme
Court and was yesterday filed In the County Clerks
Office giving permission to Mr.. Jewett, receiver of
the Erie Railroad purchase from Delos D. Culver at
their par value, stocks and bonds of the National
Stock Yard Company to the amount OF SIS, 900.
motion was made yesterday before Judge San.
ford for new trial in the recent suit OF William
Plunkett against d. Appelton CO. the publishers It
is claimed that Judge sper before whom the case
tried communicated with the jury in the absence OF
and without the consent OF counsel. The Court re-
served its decision
The argument on appeal in the case OF John Dolan
convicted of the murder OF James H. Noe. sot down
for hearing yesterday in the Supreme Court General
Term. Mr.. William +. Howe, the prisoners counsel
aud District Attorney Phelps wafe both present but
owing to The that tho papers in the had not
all been prepared the argument was postponed until
to-day.
Some time since Thomas F. Hayes assignee in bank
ruptcy of Maurice Harris obtained judgment for S693
against Helen Josephine Mansfield 1t will be recol-
lected that the latter also recovered judgment against
the wife OF Colonel James Fisk, Administrative on tho
estate of hor deceased husband, for large sum The
execution against Miss Mansfield having been returned
unsasGed Judge Barrett has directed Mrs Fisk to pay
over to Mr. Hayes the amount OF his judgment TO ap
ply on proceeds of 'Jose's' claim
Edward berlin brought suit against James Gallagher,
contractor claiming $1,000 damages for injuries re-
ceIved through blasting, in September 1872 IN Forty
ninth street near East River, which under the
charge of Gallagher The to trial yesterday
before Judge Van Brunt, in the Court of Common
Pleas The defence that timely warning was given
TO plaintiff of the blast which he paid attention
that he only blasting dirt and that the injuries
were only Of tri1ing character. The complaint
dismissed ground Of contrbutive negligence the
part OF the plaintiff
William Kelly and u. McEllhany formerly owned
distillcry and in May 1858, obtained water meter
from the city, depositng $685. for it, In July succeed
ing the city took away the meter but refused TO
turn the deposit, claiming that the meter had been
tampered with, and that tho deposit
thereby forfeited Mr.. Charles Fl. Barragen, assignee
of the parties named brought suit against the city TO
compel repayment Of the deposit Tho was tried
yesterday before Judge Van Worst, holding Supreme
Court, Circuit and resulted in verdict for 347 SO
for the plaintiff being the full amount claimed, with
interest
Mrs Emma Heilbrett has brought a suit against tho
New York Life Insurance Company policy VI in
for IS 900 the life of her husband Edward
Helbrett Ii is set forth in the complaint that the
policy obtained in July 1871 that the answers TO
the preliminary questions were correctly given; that
the annual premiums promptly paid, and that the
deceased died in March, 1874, having up to the time of
his death complied with every requirement rendering
the policy valid. The defence is that of the
questions proposed by the medical examiners were
Incorrectly answered. and that he suffering from
rheumatism, dyspepsia and disease of the kidneys at
the time OF obtaining the policy. The came on
for trial yesterday before Judge Speir In the Superior
Court and will probably occupy two or three days
feature OF the trial is tho appearance as opposing
counsel OF William A. Beach and exJudgo Fullerton