The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-06-14
DECISIONS.
SUPREME COURT. -CHAMBE
D.v InA~r nurrate


BY Judge Barrett
The Second National Building and Mutual Loan As
sociation vs.. Marks et al, Nos !, and 3-Ordcrs
granted amending the judgment
Cromwell va Caulneld-Motion for injunction and
receiver denied, with $40 costs, to abide the event
Miller Miller-lnJunction continued until hear
ing, $40 costs TO plaintiff opin,on.
Mann NEUTRALITY-SUSPICIOUS. confirmed. The re-
cever entitled TO 500; the receivers counsel $50
ana his disbursements, $25 So; and as the accounting
was the plantrs petition his counsel should have
$25. Order may DO settled on two days notice.
Patten vs. Lanouette-There are no motion papers
submitted IN this case, does there appear to be
ans affidavit in opposition to any motion, nor do find
any briefs or anything explanatory Of the case
Grcen.--A general relaxation without instructions is
ordered upon payment 10 the rclaor within five days.
$40 costs OF opposing this motion.
Garvey VS.. The Five Justices of the Marine Court
Tho writ OF certornri in this made returnabc
at the General Term The Special Term therefore has
nothing to do with it. Rulo SO has reference to wrts
rcturnable simply to tho Supreme Court not TO such
on their lace made returnable at tho General
Term Besides this Is oil those referred to in
rule So in which the writ should be hoard at General
Term The proceeding here will simply BIO permitted
to drop without action one way or the other.
Newton VS. The Continental Bank.-Therc Is no evil
dcnce that the motion Is made In bad faith Bassctts
disclaimer in February, 1871 represented himself as
coming from the defendants Mr.. Bards affidavit Is
disprovcd TO the effect that the defendants first
knowledge Of the trustceshlp the motion 10 dis
continue The motion should therefore be granted,
there is no difficulty in the amendment and supple
ment being in the Same pleading, nor are they ncon.
slstant under the circumstances disclosed Motion
granted payment OF $40 costs, with leave TO plaintiff
within twenty DAYS to serve an amended complaint il
SO advised order 10 be settled on two days notice.
Machado VS.. Reading, &c-l. The power was not
In legal coupled with an interest, and the right
OF revocation existed The agent was not justified To-
gay morally IN exactng the unearned commissions,
and the payment Inv voluntary because made under
the compulsion OF refusal to turn the suitcase,
which leopard zed the sale Of the original lease. No
costs. There no refusal 70 refer The estate
scented TO the reference asked for was the claim
ants fault II the consent was Inadequate The
justified IN opposing any order except such
literally followed the consent. and do not quite
the authority for the ordering Of the present reference
That was waived, however by proceeding. Exceptions
ovcrrucd and report confirmed without costs or allow
ancc
In the matter OF the application for the voluntary
dissolution OF the Smith Parmecc Gold Company
l. After careful examination OF the statute ! am sat-
ised that tho reference Is not to be treated ms the
binary trial of ISSUE but that the Court instruct
the referee to the scope OF the inquiry am also
satisfied that the proofs offered in support OF the obec
tons filed not the objections themselves
such as are contemplated by the stat
ute. and ~, that the referee ,s should be
the actual stock, property and effects OF she corpora
ton have been tar reduced by the losses other
wise that will not be able to pay all just demands TO
which IT may be liable, To anord reasonable Sc
curity those who may deal with such corporation,
and also proof the special matters sci forth
the original petition upon which the majority or tho
trustees deem IL beneficial 10 the interests Of the
stockholders that such corporation should be dis
solved. and also as 10 any other matters (othcr than
such excludcdl bearing on .he question as to
whether such corporation should or should not be dis
solved.
Langcrfeld vs. Iangcrfcld.-Tnere or two
matters which require explanation. First-Who Is the
chd IN the photograph and why the face conceaedy
The plaintiff says there were no children Of the mar
nage. Sccond-Did plaintiff know Kaftcs aud how
came he to write him to his house and did plaintiff
then know nothing OF the way the defendant had bcen
travelling? Third-whai are the letters TO which de-
fendant in her letters TO plaintiff rccrsf We're they
confessions OF guilt? Fourth--And under what CIR
cumstanccs defendant travelling, anu how came
she 10 be abroad without plaintiff
In tho Matter Of Manu. &c-Thc petitioner pur
Tho
and suhject thereto The party aggrevcd the per-
liable pay the at the date Of IT'S
nrmation. In was so held in re Philips, 90 n. y. 10
In Benefits case, II Abb 12s 1t was held that the pc
tioner must iai because II did not appear that no
time II was confirmed Application denied.
Buckmastcr vs. McyerFirst the newly discovered cv
dencc is cumulative goes negative the ownership,
which was the matter ltisaicd upon the trial Second,
IL hight have been produced with onablc diligence
upon l. Q trial Mr. s. r. Meyer, according TO his
slowing the substantial part OF 1t, and had actu
ally gone in contract with the sant Rron land Berry
and Heiscr also) rs tho owner OF The note Britton
says Heiser introduced HIM to Meyer as the holder OF
the note Why, then did not Meyer. subpoena Brtton,
Berry aud HeiserY But tho opposing aildavits seem
TO meet and answer all the socaIlcd new matter, and
think that the plaintiff has made ont an overwhelming
both the facts aud the law for denial OF the
motion Tor a trial !.
In the matter OF the accounting Of Hunter Brewer
trustees sc There Is more delicate duty imposed
upon tho Court than this OF fixing In certain proceed
ings the allowance OF counsel l have cndeavorcd 10
at medium IN this matter which is substantially
Just TO all parties considering the fresh feature OF MI
Hunters affidavit IL seems To that my original
judgment pretty nearly correct and that IL tho
OF simple accounting. without dispute OF the re-
cepis and disbursements since the accounting or 1861
trust therefore, that IN dividing the difference be-
tween previous allowances and awarding The petition
crs' counsel 50 80 land his dsburscmcnts) and Mr.
Stevenson 5000, this unpleasant ard 10 embarrass
ing controversy may be brought 10 n close.
In the matter Of CorneiI IN the matter OF schuyler:
In the matter OF the Manhattan Club In the matter OF
OdclI In the matter Of Menxics and In the matter Of
Ginger. --Assessmcnts vacated Opinions
In the matter oil Haywood and In the matter OF Has
kin, Ac--I am satisfied from examination OF the
ahali Ho Hal hr ma hnra rna tod