The New York herald., 1876-07-29
Where Our Judges are Enjoying Re-
operative Respite.
Stock Speculatons by Member of the
British Parliament
POWER TO COMMIT AFTER ACQUlTTAL.
Important Question Affecting a Wife'S Ri. ht
OF Dover.

lncre was neu yesterday IN the Clcrks once Oh tue
Supreme Court judgment in favor OF the defendants
for So 1876 against tho plaintiff in action
brought by Joseph Blumentha against Robert J.
Anderson, Emma A., his wife, and Mary Anderson.
rhe action was tried before william p Lee, : sole
referee who reported in favor of the defendants all
The issues The referees decision determines one OF
the most important questions affecting the validity oil
the release OF a wiies dover right, where she
unite in tho Instrument, well other ques-
tious bearing upon specific performance on the 24th
of December, 1874 Joseph Blumenthal and Robert j.
Anderson entered a by when they agreed
10 exchange properties The basis OF S75 600 vaua-
ton Mr.. Blumenthal's property consisted OF Nos.
s97 and 7ol seventh avenue and hr Anderson's of
Nos 10 ana IL West FIneth street Every prepara-
ton was mace pass title according TO the contract
Mr. Rittcrband sea ching for Blumcnthal and Hall Il
Bandy for Anderson; the l2th OF January, 1879
set apart the day which the titles pass
and the exchange ol property be made Both parties
ready on tDat day, but Anderson's lawyers had
learned IN the course of examination that though
Biumentbal not legally married. yet for several
years he had lived and conabited with woman, who,
in contemplation of law, was his wife On inspecting
the deed Blumenihai proposed giving Andersops
lawyers the tact discovered that II not joined
in by Mrs. Bumcntha, aud that Bumenthal was
therein described rs unmarried" and Anderson's
lawyer declined to accept title; ihercupon Blu
menthals lawyer rendered Anderson paper purport-
ing to bo release OF DOVER OF Mrs Blumeni hal
described as the .'wlie OF Jos ph Bumenthal -
but which release executed a day ante
ccdently to the dale OF Blumen,ha's deed, which
dcrsuns lawyers also declined to accept aud rejected
title, wbereupon this action commenced to compel
Anderson TO perform his contract on February g.
1875, motion receiver of the rents OF Andersons
property and Tor an injunction pcndene lite came up
before Judge Lawrence, sitting at Special Term, AMI
the deiendants appeared bv their counsel Messrs Hall
Blandy, who argued that the plantin did carry
put iu performance OF his contract; that no money
was rendered whio The contract reouired Bumcuthai
10 pay IS. $3.50; that $4,000 mortgage was
rumbrance, and that release OF dover Intellectual
dvest the wife of her iuchoate right OF dover it
was executed on day an,cccdcnly TO the date of the
convey auoe, anu that The tee simple standing it did
nitcrward, in the husband, revived TIE we's dover
right; ana urther that the wife did not unite IN the
same instrument and that therefore the pa did
not perform, ana that, defendant responsible
receiver ought TO be appointed. Atthe close Of MIR
Charles Blandy's argument behalf OF defendant
Judge Lawrence said tnat 1t The defendants acts
true the plaintiff could not succeed ard referred all the
issues IN the action to William /. Lee to hear and de-
erminc, and the order OF reference required that the
reference should proceed day by day un disposed OIL
The trial was commenced before the referee on The
2Uth OF February 1870 and has proceeded since
until April last, when the was finally summed up
and submitted HIM for dccsion. DURING the trial
great OF evidence was taken, and when produced
in court the 10th inst, before Judge Westbrook,
q motion Tor allowance crcal ed some amusement In
addition to the questions already rei\rred another
very important question arose during ile trial 1t was
discovered by survey Of Biumenthal's prem
ses that they projected southery Oh 10 the
adjoining premises inches the
base and some four ana halt inches at the top
IL was also shown tnat the premises adjoining Bium,n
thal's the mort also cucroached to the premises
OF Blumenthal and 1t was coneuded by Andcrson's
good title, and that Anderson could not he compelled
to take title ON tins point some OF the principal
veyors OF the city were examined and gave ev Genc@
md testified 10 the entertainments before spoken a.
On .hc st inst the referee made and filed his eTCrt
avor OF the defendants and among other facts Ae 1s
rs conclusions of aw-nrs, that time CT The
oil the contract aud second, that the tender Of
the deed by the plainun and of tho instrument Jl-
porting to be n release OF dover a good a-1
sufficient compliance with the terms CT the SID
tract the part OF the plaintiff IL viii thus 5e
that the referee IN his last conclusion 81 law Geccss
that the and purported OF dover ieuGcre1
terms OF the contract and that the plaintiff had
performed hi part OF the contract ana that
OF the essence OF the contract II followed that
plantn could not Hitcrward tender performance or
Thursday last Mr. Charles Bandy. Of counsel Tor de-
endants, made application To- Judge Nesbrunk for
extra allowance under section 309 of the code and
In support OF his motion argued that the a
difficult and extraordinary one and attended Win -reat
labor and the exam mnaiion OF difficult aud aDslruse
of law and that ouncl Tor defendants he
had attended upward OF l25 sittings extending
fourteen months. He exhibited an immense bundle OF
testimony. almost much could carry, In sup
port OF his statement Judge Westbrook granted
allowance of 81 600. which, under the amenced
,crday judgment the referees report entered
the Clerks office in favor of the defendants and against
the plaintiff Tor 80. l26 costs. The decision in sub
stance decdes that the wife must unite with her hus-
band In the conveyance IN order TO be efcctuaL