New-York tribune., 1876-12-05
CIVIL NOTES.

I'm the Court of Common Pleas, on remit
titur yom the Court Of Appeals judgment was entere"
yesterday for Douglas Taylor the former Co'sSionef
of Jurors against the city Tor Si6,o|9 ~.
The lawyers in the Corporation Counsels once
congratulate themselves that out OF ten decisions rem
d in cty c,ses Yesterday at General Term seven, and
those the more important, were III their iaNOr'
In the suit brought to restrain the New YORK
and Harlem Steamboat Company ana the MorriSinia
Steamboat Company from completing thelr c9lPlSes, S
Judge Lawrence, In supreme OUuE'' OA'""'O'' ~ Wv
MED an iiJunctlOn -,
The motion of the Ncw-YOrk and Staten
Island Ferry Company fora mandlmus to compel the
Commissioners of the sinking Fand to lease to mem "a
ferry right to run TO staten lsiand n,s D.on uo "
Judge Barrett, IN supreme Court, ChaiuDeiS'
In the matter of the Guardian Savings BANK
the General Term of the supreme Court reverses the
ecson Of the Judge Chambers that he had 10 luIls
dction to hear exceptions to the report Of Isieito
na.ing Receivers accounts. and returns the matter 10
lie special Term the hearing OF the exceptions
Werner Bruins, James A. COwie, Joseph Cor
me- Edward J. Burke George Dempwolh JoDn Master
SON William Eyicrs, James Farrell, Austin Lcake An
thnny j. Oliver, Ambrose ONcill h"rrL- L. y
,rd t,Uintn Wti.crs have obtained rom JhnEr van
rpt An orlc. that the canyasscrs shOwcause on Dec
why they b. no. compelled to coun ana return INC 'o'eS
east for them Tor Aldermen
In tbe su,t of Jonathan Woodruff against
phrt ebrr,rd ir President OF the NewYork Transfer
C,,rauv the Supscfnc Court, General Term, decides
that when porson hurrdly takes paper from an eA
press company supposing II to he mcieB lnct,' 'S
flc that 4 contract limiting the company lIaunS -
nrn,rd I'm the receipt does not relieve The company
nom nil liability as common carriers
John Shea Il police man, was convicted OF assauit
and battery at Special Sessions held by Two justices on
Downg and Snaudlcy. and ON that conviction was 1ru
b,fore t Police Board and discharged, though ne gave
80, ,,fint. his discharge being based cntlfSy on
tgt elton snch convictions by two justices have
been held void 10y the oOnrt 0f Appears anu te M
CONT Curfu Term Julgr Davis giyin. the opinion OF
opprnl hy certiorari from the action 0i the Tolce
I1ids There was evidence before the Ioilce Doau
trruny his discharge lnd shea must be iellataleu'
The trial of suit by the Guardian Mutual
he Insurance Company against the Atlantic Natlohai
Bank Of lie City OF NewYork was begun yesterday pc
, Ind Lawrence IN supreme Court. II Is for SJOOOO
lent or q similar amount OF United STATES Donu' % uo
ti, win thr a. fgndaut by the paiEtn and the rcLl
I,i,sr ~ thc bank that T. l.. Tslntor, the former
,,,h,r va. the min who borrowed the money or to3h
, bond. aud that the bank had nothing 10 do VIA to
lSipYeiiIThe 2,s ',nd wi he examined to-day Alexan-
dor " Green aud VIM Opdyke appear for Plainthi hol
I'm the sut of James Bigler against the
Mayor the supreme Court, General Term Judge Davis
giving the opinion has reversed judgment Of the su-
picmr Court Circuit Bigcr entered into contract to
furnish such timber of su"ciied dimensions as 'ie ~
plttmuuts ~ Dock Shond call Tor 7 ci'i aiouilcu
tn lhoI. ~jOnO put some Of thc tmbrr called Tor was
~ SMALLER dimensions tan those named IN the cottafi
thrt n trc.ty had used the timber aud there was no
prcssy submitted 30 ic jury, who louud Tor Tue pam
"a. IT,. General Term holds that this was an error
smaller iiWo't was q" course crdp, , Num-, ~
If There va. no fraud here there was possibility oI
fraud. 4 new triilTs ordered.
Heinrich Imholst made a claim against Jo-
scph Bonsusau IN the Court OF Arbitration on account
Of some wine which tho defendant in March, lo7 or-
tercd To ~, slipped 10 HIM by vessel loading at Bor-
drauX Il was shipped by another vessel which dd not
arrive uu three weeks after the nrst vessel At tnat
time prices had fallen but the dc!endut refused 10
take the wine In October 1879 the piiutlr sOd the
VINE auction at loss ana sucd ior TIE diht-tiirr
Much testimony taken the condition of the vine,
All of which judge Fdncher dlSregardS but decides tA1t
t defendant had right to make the scndiBg by tie
nr, vessel part his contract. and did and, second
that tho.pliirT should have been prompt TO 81 the
wine and hS delay until the wine had greatly fallen III
price release the d. fcnUaut from liability.