New-York tribune., 1876-10-14
CIVIL NOTES

In the suit Of William Walsh against Jan"
C. Meade t, supreme Court, General Trriu holds tnat
where au accid@t occurs through the faulty r '..'-
owner De- liable ryu though the tenant nod' tHt property
under lease requiring .im 90 repair.
A decision has been filed 10y Judge Blatrl-
ford in the United states District Court u Admiralty n
e case " The owner of The cana boat Charlie ,l'liy
as..r-t the Pacific Ma steamship Colon Granting dr-
Tor tuo hheimt. with reference i"i 4in.t,i, ,
River in Drramner last by thc colon.
In the suitsof Sicgmuud Pcyscr against the
Mayor the supreme Count General Term. holos That
when man makes payment of ON assessment under no
mistake to the facts and without nn' mmrdi''1
recover b'ch his money Ium tIc city, even Though ~
assessment be altrrwaId declared illegal.
In noticing the ca%e of Police Commissioner
joel b. Erhatdt aglu, John y. siuboIn yesterday, the
language employed lrft tuemnr,s.i'u chat 30
tine tine he cyn, sanhorn legal advice aud assist
ancc Nr Erarjt $50, Police Commission oi colr-e
such not tic lari ~tu'ofu' tW Nd- ih I,t ,'I.
EghlrI, frt became Police Commissioner lh lhr i'ici
par, OF Is1J.
The will of the late William Lottimcr which
was offered for probate u iAr suro gIt s office y'"r
diy provides for the Investment of the property JOS thc
,v,,u,. i'm "A t-i-t fund from which 1uiu.tc- 90 %"
pa.d 90 the widow and children. a cudlr. &" ll' "d
ttIpultc. that MI LDfurrs share ~ the capital oi u'
dfy Good, firm Of William Iojtiucr d Co. shall not Dee
Withdrawn within ono lrtI. Tho ostdlo 80 valued a1
$l.5UoOOO 800.
In the suit Of Henry i. IIers against William
stuart OF the Park Theltor the supreme Court, General
Icrm Judge Daniels giving the opinion, holds that the
cyiugof po-,-dated checks for goods IS not fraud on
ia, seller 81 hc knows That tac buyer gives hin sucl
CHECKS because without present funds II 10 found ais"
intended o leave tine city drIrlud his creditors ard
the General Term therefore ho,is that tAe attachment
against hi!h was rightly vacated.
in the suit Of Charles L. Hill against The
Eewichawamcl Bank, TIE Supreme Court, General
Term. Judge Davis giving tie opinion. hold. that when
al certain datc.tc directors of company declared
dividend "at option OF agent, from earnings OF last
year, they mu-t Doe considered having made divi-
dcui urcIilet rBruing aud l.n the time only To
bc determined by the ug1t "hcn hc dcDis were rcHL''
The srg0nd dividend mot paid for ten month, later.
and meanwhile thc plaintiff stock hll been transferred
Thc C1uf holds hat Ic dividend belongs 10 the Epidrt
at the uuc the dividend was declared ami wa, not Trans
icIcd with the stock.
The Supreme Court, General Term, PreA ding
Justc Davis giving the opinion, Affirm tle dis'5 sal OF
The petition of tc NcwYpr Protestant Episcopal school
90 vacafc assessment for Tho petition isbgscd
solely on tle ground that thc wor5 wa ordered b.
I've dar t1mmi--"nrr oi iplr works Wiiapit 1itipi-
ity of the Common Council Tic court huit, that iis
h'il hlbH DE rct rue 3D. reason oi any d'Ietl ht N
authority of any Ollie q upon whose action tue alid
assessment .hhl dtpcnI' ul!cs5 fraud i5 shown, G.-
poses Oi Juls ground.
In the suit Of John t. Fellows against the
Mayor brought t. recover the portion oi his salary de-
ductcd Iy te BJId Of AppOronucut OF 1912, tho SUI
preIuc Court, General Tom, Judge Brady giving tho
opinion decides that an Assistant Dl,tuctAttoncy is %
State officer whose salary is not subject to regulation uy
length Inc question whether or not "A uro,f.ion in "a
county tax levy fixing tuC SALARY of State officer, j.
constitutional, and concludc- uat 10 i5 where tlc salary
jude Daniels dis. @ ''''' ''''" IL i'''''''
In the suit Of Francis Sheridan against the
Mayor the sapIcne Court General rern nave sustained
the verdict in the below In favor the city. The
suit originally one OF Morgan Jones FOR plumbing
work for the city but the city has suit against Jones
I glJuOJD cuuuea for tle CITY difruded the