The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-01-08
SUMMARY OF LAW GASES.

Judge westbrook, who Is trying to try the Tweed
civil suits, left yesterday to spend Sunday with his
family at Kingston His Court will not consequence
reopen before twelve noon on Monday.
In the suit brought by Mrs Gillette against Mrs
Jackson trial before Judge speir Of the Superior
Court the facts of which have been published in the
HERALD, verdict rendered yesterday for s., 900
for the plaintiff.
Thomas C. Nelson was yesterday arraigned before
United States Commissioner Shields, on a charge OF
passing twenty dollar counterfeit bill upon Mr. Simon
Soss The prisoner was held in 81, 200 bail TO await
further examination.
Before the Supreme Court General Term application
was made yesterday for the appointment Of Rapid
Transit Commissioner, In the place OF Mr. Agnew, who
has evidently become woaried OF his position and has
resigned The Court took the papers.
In the United States Court. equity branch, Judge
Johnson yesterday granted the application Of Messrs
Benjamin f. Smith and Clark Digs, co.deendants that
the suit made by Hanover National Bank should be
taken from the United States TO the State courts.
David Lawson, who several months ago took posses
sion of the brig Mary Chiffon in the harbor OF ST. An
dreas and who attempted to run her out OF port was
yesterday sentenced by Judge Benedict OF the United
States Court criminal branch, 70 two years. mprson-
ment in the Kings County Penitentiary.
Mr.. Aldrch receiver of the Mutual Benefit Saw
ngs Bank authorized yesterday by Judge Barrett
sell any stocks which have any market value and 10
dispose OF others at private sale subject however, in
each case to the approval of the Court
Application made yesterday TO Judge Barrett, in
Supreme Court, Chambers, on behalf OF John Scott,
printer for leave to attach folding press belonging to
him $3.50 for printing. II alleged that the press
was about TO be removed to Chicago. Judge Barrett
refused TO grant the attachment
Certain property, the whtom property OF Thomas c.
Fields l40th street. west Of Eleventh avenue,
bought by the Mutual Life Insurance Company Of this
city under foreclosure OF mortgage for SO less
than the amount Of the mortgage motion was made
yesterday by the attorneys OF the second MORTGAGE for
resale before Judge Barrett at Supreme Court Cham
bers After argument the Judge granted the motion
condition that the second mortgage should give Sc
curity within 1--WE days after settlement of order that
ut ha fnrl lhanl ha
bid at the former sale.
motion made yesterday before Judge Barrett,
in Supreme Court, Chambers by Corporation Counsel
Whitney, for leave to put in supplemental answer in
the brought by William A. Seaver collector of
the late John L. Brown, contractor for grading and reg
uating Second avenue, between Ninety-second and
l09h streets The facts OF this suit have been too fire.
quently stated 10 require recaptulation- The main
points of the defence that there was contract
and that If there IL abandoned At the close
Of the argument Judge Barrett took the papers.
Richard Kennedy brought suit against the city to
cover the value of which backed of the pier
the foot Of Eighty street and East River was
claimed that the casualty would not have occurred had
there been stringpiece on the pier. IL was shown
yesterday in the trial before Judge Van Brunt In the
Court of Common Pleas that the horse became unman
agebe and backed of the pier This was construed as
contributive negligence and the complaint was
motion, dismissed.
Judge Barrett yesterday gave his decision in the
matter OF Aida J. Woods, argued before him on the
day previous by Mr.. William T. Howe and Assistant
District Attorney Leary. He did not think that the
question dscussed-that of allowing lawyers TO cross
examine the witnesses for the complainant on the ar
raignmen OF the prisoner before the committing mag
israte-called for decision from him on the papers
submitted He then adds that II the dispositions should
be offered the trial they be objected 70 and
ruling had but as the prisoner had given bail at the
General Sessions and free he could change the
bail bond that in his opinion, being all that was before
the Court
There was quite a argument yesterday in the Su-
preme Court General Term, the appeal taken in the
suit pending between the Tr6pe and Sun associations,
in which an injunction was granted restraining the
Tribune association from going on the SHHs land in
constructing of the walls Of their building At
the close of the argument the Court took the papers,
reservng its decision. The Court also
pied yesterday in hearing the argument appeal.
the OF the mandamus applied for on behalf of the
Seventh regiment against the Board OF Apportonment,
recurring il incorporate in the tax levy $500 900
appropriated by the Board Of Aldermen for building
armory for the regiment In this case the Court
also took the papers, reserving its decision.
William B. Scott brought suit against Miles O'Don-
nell balance due stock transactions In
1873 The case came 10 tral yesterday before Judge
Van Brunt OF the Court OF Common Pleas. Mr.. Scott
testified that he had dealings with the defendant in
stocks for some time and that in December, 1873 the
balance accrung the stated account the amount
claimed that he had sold some St Joseph and Hanni-
bal stock which he had credited that the defendant
admitted that the balance presented him cor
rect and that he said he would pay it, at the same
time Offering certain property in Brooklyn IN hquda
thereof As there no defence, Mr. Devine, OF
counsel claimed judgment for the plaintiff. Judge Van
Brunt directed the jury TO find verdict for the plain
uff, with interest, amounting to So, 466 60
George c. Steinbuck brought suit against the Relief
Fire Insurance Company TO reform policy OF in
surance The case reached trial yesterday. before
Judge Donohue, holding supreme Court, Special
Term The defendant together with other companies,
insured some $50 600 worth Of goods for plaintiff
who lives IN Baltimore. The goods destroyed by
fire. By the terms OF the policy, Stenbuck, who Is
dealer fancy goods permitted 70 keep frecrack
ers II appears that in addition TO the recrackers the
plaintiff kept large Inc Of fireworks, and the Ore
originated among these fireworks A suit 10
insurance was instituted by the plaintiff the
OF this State against all the companies excepting the
Relief and the courts held that the plaintiff might
plain his policies by showing that the fireworks
were In his line as German jobber and importer
OF fancy goods, and he got verdicts. The suit
against the Relief, however was brought in the Bat-
more courts and the defendants transferred
the case to the United States courts II has been
red TO the United States Supreme Court and they de-
cided that plaintiff bad no right to make any such ex
PLANTATION. Plaintiff thereupon brought the present
suit TO reform the policy and the amount due
under Upon the opening OF the case the defendants
counsel moved dismiss the action and Judge Dono-
hue granted the notion holding that the plaintiff.
having elected In Baltimore. was estopped from
bringing an action elsewhere 10 reform the policy.
COURT OF GENERAL SESSIONS.