The New York herald., 1876-09-27
obscene literature; samc va. Joseph Kochler obscene
literature; Same vr. Sllss Hicks obsc ne literature
COURT OF APPEALS.

literature; Same We. Slss Hicks. obscc literature
COURT OF APPEALS
ALBANY. Sept 2e, 1874
were handed down
Remittitur corrected by making the judgment with
out costs to either party as against shc other
making the motion and $40 costs Of motion. .-Dabeck
va Thatcher.
Notion granted on payment Of $40 costs aud dis
bursements upon the dismissal Hall VS. shochan.
Appeal dismissed, with costs.-Pcop.c ex rel. Gray
VS. Philips
Order affirmed with coss-In re People ex rel MIL
ler vs. Griswold
Judgment affirmed, with costs -Miadletown vs.
Walters.
Judgment reversed and judgment ordered for the
plaintiff and for specific performance OF tho
tract-Ackerman We. Gorton.
Appeal dismis scd, with costs --ByrDes Drum
Preston VS.. Munroc; Barnes va Prcston.-Motion 10
amend Judgment as to costs.--Samuc Hand for
tion, Henry smith opposed.
keogh VS.. wesiervcI Motion for reargumenI
Pollak Schultz Motion to restore cause 10 it's
| place on the calendar, ar,--Submitted-
APPEALS ORDERS.
NO 34l Philips vs. Wheeler Argued by A. J. Par
ker Tor appellants N. A. Nelson ior respondent
No 3od In re application OF William Beggs tor ad
mission to the Bar-Submitted.
No S9s People ex rel Canaioharie National Bank
VS. board Of SUPERVISORS Argued by George F. Com
STOCK and James f. Dewey for appellants, N. Z. Moak
No 4ol. In rc petition of Holy scpulchre. Upon
motion OF counsel for tho appellant the Corporation
counsel not opposing. Judgment reversed accord
ance with the decision OF the Court case OF the
Second avenue Methodist church, decided IN June,
1876
No 4o2 In re petition Of the Harlem Presbyterian
church.-Samo as above.
W. No s12 Isaac NJ sloman, appellant VS. The Great
western Railroad Comp, ny.-Arguod by William \.
Cogswell for appellant f. Z. Spraeuc for respondent
v NO. a.s Mary =; Jooes; respondent VS. The New
A. Beach for appellant +. H. BERN Tor respondent.
Adjourned
COURT OF APPEALs CALENDAR
DAY CALENDAR FOR WEDNESDAY. Sept o. ls7a-Nos
2'7 27s, Isl, 224, 25s, 2S2, 1877. 80.
COTTON BROKERS' CONTRACTS.
In the Supreme Court Circuit, of New Jersey a.
Hudson City, before Judge Knapp The trial of tho
suit brought by Charles W. Crosby against Sidney b.
Bevans, case OF no little Importance and novelty
which was commenced on Friday last was finished
yesterday Tho facts adduced the trial appear to
be that in May, 1874 the defendant placed In the plain.
t's hands upward Of $4,000 for tho purpose of en-.
ablng plaintiff to broker aud buy and sell cotton
Tor defendants account tho defendant also being
cotton broker; that various transactions we're had
and moneys made, aud at times lost way OF specu.
atng in cotton, according to the and usage Of
the Cotton Exchange. until July 10, 1874. when
the plantn requested defendant to put up
in the market having been such as to absorb
all moneys TO the credit OF the defendant
The evidence further showed that the plaintin was
very considerats and ndulgent with the defendant and
carried his cotton contracts tor him over into the
month OF September, 1874 the defendant making prom
ises time to time secure tho plaintiff against
the losses incurred, but failed to do so and that
several attempts were made ana agreements entered
into by which defendant was TO cause mortYare TO
be executed 10 the plaintiff by his (deendnnts wife or
other party to hold plaintiff harmless which agree
menls never were funlled: 1t also appeared that in
pantiH in which she asked tho plaintiff 10 hold the
cotton and not sell her husband out TIL September 2
following which .the plaintiff agreed to and did, and
that plaintiff At the urgent request and baseess prom
ises OF the defendant actusy carried the cotton till
ssna,n, when svn he soa sendsn:
SO to do woll as delivering
letter to plaintiff from defendants wife directing him
the cotton which he had held for Two months on tho
defendants account and the losses the whole over
the margin then existing amounted 10 the sum of up
ward OF So O00 II was shown that about tho tho
plantY sold defendant the defendant admitted tho
amount then due between them to be due and a GER
tam bond and mortgage drawn and certain papers
pared with the view Of securing and quida,ing tho
amount but the defendant again failed carry his
agreement Early In December OF that year arb-
traon of committee under the rules OF the Cotton
Exchange was had as TO the question whether tho
plaintiffs claim was within tho timo required by tho
rules OF the Exchange 10 be filed to be lien against
the defendants seat or membership Tho defendant
on this branch OF the sworc the stand that tho
matter heard before the arbtraors the legal
validity OF the plaintiffs claim but II shown by
the plaintiff ard other Witnesses and by the charter
and bylaws OF the Cotton Exchange ITSELF that such
an srbitraton, and no arbitration under tho bylaws
could pass upon any question except the question
as to whether the plaintiffs filed in time to
bo lien on defendants seat. 1t was further shown
that certain notes were given in December, 1874,
amounting TO 900; and note for 81 75O under the
agreement that If the defendant paid the notes,
amounting to ST. 900 IN the aggregate when they were
due. plaintiff would surrender tho balance OF tho
account or debt The defendant did not meet tho
notes when due, and tho whole Indebtedness
was therefore opened and subsstng In April,
1875, defendant gave renewal notes, amounting IN ali
TO 81 9S3 77 and these notes that the pros
ent acion was brought to recover tho indebtedness
During The trial many important questions OF law
arose 10 the purport OF the transaction, as to
whether such contracts were legal, and many author
tics wore cited on either side Tho only OF ex
aoty the same character as the ono trial which
cited was that cited on the part OF the plaintiff and
was tho case Of Lehman Is. Strasburger which case
was tried In Mobile Ala, before Judge Busteed. In
that the court below decided that contracts
we're illegal, but upon the cause coming before
Circuit Court OF the United States Mobile writ of
Judge Woods held tho Of brokers
marginal contracts for the sale and purchase o cotton
under tho rules OF the Cotton Exchangc) TO be wholly
aud entirely legal, and remandcd the back
TO DO tried by another jury Judge Knapp
charged the jury clearly on tho several points raised
In the case. AS TO the cotton contracts directed
them to find specially as follows: "Whcther the
transaction between tho parties the bona fc sao
and purchase Of cotton or mere colorable agreement
under which neither party intended TO deliver
ccive cotton, but intended to pay only differences
cording to the rise or fall Of the market. The Jury
rendered a verdict for the pIairtiG Tor 1919 so.
Mr. John f. Baker appeared as counsel for the plain.
tin, and Mcssrs. Linn & Babbnt for the defendant
NEW JERSEY CASES DECIDED.
TRENTON, n. j., Sept 20, 1876.
In the United States Circuit Court to-day Judge
Nixon delivered opinions loows:-
In the OF the Webster Loom Company against
the New Brunswick Carpet Company an Injunction to