The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-02-12
SUMMARY or LAW CASES.

The jury in the of Leon Rheims against Colecto
Arthur in the United States Circuit Court, recove
alleged excessive duties paid upon importatons OF art
fetal flowers, returned a verdict yesterday for tn
plaintiff for the full amount claimed.
The jury unable to agree IN the suit brought b
Philip A. MAIDEN against Dodd's Express Company
tried before Judge Curtis, OF the Superior Court II
sued for 1914 49, the alleged value of the contents OF
lost trunk. The company defended the ground ths
its liability did not exceed $780, this being the SUI
limited for damages in the receipt.
In the matter OF Thomas Stewart steward of tn
British ship Neptune's Car, held by United state
Commissioner Osborn for extraditon TO Englau
upon a charge of assault with intent to Kill Rchar
Buckingham, mate of the vessel, copies of all tn
papers yesterday sent to the Secretary OF State
upon application OF A. II. Purdy defendants coun
sci, upon appeal from the decision Of the Commits
soner, and also that OF Judge Blachford who dis
missed the writ Of ccrtiorari taken out
AT ameetug OF the judges OF the Marine Court, he'll
Yesterday, Officer Gleason was removed and JOSEPH
J. Morris appointed an officer OF The Court in hi
stead. Mr.. Morris for many years one of th,
most attentive and efficient officers OF the superio
Court but, having received his appointment there
the instance of Judge Freedman he was, whom tina
Judges term expired compelled TO give place TO a
henchman of one OF the incoming Judges. He re
ccives his present appointment on the recommenda
ton OF Judge Sheridan. who was familiar with his
former services.
About the middle OF January last complaints were re-
ceved at the Post once Of the non-delvery OF two
registered letters sent for delivery from Station E. AS
is usual m such the matter placed in the
hands of Mr. Sharrctts special OF the depart
ment, and yesterday ly explained i, was asccr-
tanned that the letters given to one Albert X
outhcr letter carrier Of Station t. Tor del very and
shortly aiterward and before the complaints were re-
ceived he obtained n short leave OF absence He re-
turned 20 this city upon Thursday morning. and upon
being brought before vi Sharretts admitted thai he
had appropriated the contents of the missing letters
OF which contained SO and the other S11 He sand
tho letters had been destroyed and that he had DELAYED
detection by signing the receipts to both Tho accused
Shields for examination to-day. Jeuther has been
carrier in the department since juno, 1915
Judge Barrett has denied the motion set aside the
order of publication IN the suit brought by various
stockholders Of the United States Blasting OH Com
pany against the Giant Powder Company the Atlal-
TIC Powder Company OF California He holds that the
property which the subject Of the action was per
sona, and that the order should not be set aside
merely because the Court has the power to enforce
the assignments OF these foreign corporations mas
much il can nuly the conveyance and rcnstatc
the plaintiffs TO the ownership Of the rights fran.
chises OF which they have been deprived and in the
exclusive enjoyment of such property within this
Jurisdiction.
suit has been brought by the Germania Bank against
William Kien TO recover 81 $40 90 Of checks
deposited 10y him and having the Endorsement of the
New York Mercantile Journal Company. Killlen re-
ccivcd the checks from Schotte. who was an en-
p!oye Of SAID company. The latter disavow their in
doisomcnt and so the bank Kien The case
up for trial Yesterday before Judge Curtis of the
! Superior Court Tho defence is that both the bank
and the Mercantile Company guilty OF neglect for
not finding out for more than year that the ndolse-
ment was not genuine
In March, 1870 BlOOmer K Co., agents the barge
Rhinobcck, made contract with the Lorillard Steam
ship Company then beng formed, TO furnish the
barge for one year az piers Nos 80 and "a East River
TO be used in loading vessels the company agreeing to
take proper Of her The OF the barge Her.
man Bauer has sued the company for 81 30 IS dam
ages the loss OF his barge which was damaged M
the pier through the neglect OF defendants alleged
and was sunk in consequence The case came to trial
yesterday before Judge Van Brunt The defence sets
up that the barge was not in fit condition nor such
ono as the contract contemplated and that in sinking
she took with her 1000 worth of cargo, defend
mt - lggG MI thQ mt tc
4 Will give sealed verdict this morning.
Tho suit OF John patten, proprietor OF the Pacific
Hotel IN Greenwich street against his neghbor Will
lam J. slit, tried In the Common Pleas yesterday
before Judge Van Hoesen. The complaint for
puss ~ lhsTthS hpeain from delcndants premises
into the roar wall OF the hotel and II charges the
defendant who is coffee grinder causes some OF tho
rooms to be almost uninhabitable from the constant
noise OF the machinery the hne dust OF the coffee and
the penetrating aroma, and that people driven
from the hotel IN consequence for all of which damages
were claimed The defence admitted a nominal tres
pass, but claimed that coffee grinding was a lawful
business carried on IN lawful manner, and was no
nuisance The Court instructed the iury 10 Give sinh
tantal damages only in they found the complaint
OF nuisance proved The jury awarded plantn 81 coo
ami i've per cent allowance.
Mary Barbara, Italian, aged hfty.seven married
and having six children was found sitting on Barclay
street soliciting aims from by, and arrested
and taken before Judge Bxby, where she said, II am
POOR and get work. y She was committed 10
the Workhousc for sixty days as vagrant Somehow
she was able TO procure habeas corpus and she was
! taken before Judge Lawrence in Supreme Court,
Chambers, yesterday afternoon where Mr. w. " Lcary
OF The District Attorneys Office, put in answer tho
facts above stated Judge Lawrence held the proof in.
sufficient and discharged the prisoner saving he
thought the Legislature intended that every poor
creature soliciting gratuy should be sent 20 tho
Korkhousc for sixty days He considered the law on
summary convictions unsettled and suggested an ap.
! peal 20 General Term in this
An interesting will contest ny yesterday before
Surrogate Van Schaick-that OF the late Walter Pear
sall who died IN this city last summer leaving prop
erty valued at between $4,000 aud 900, 600 Two
wills have been offered for probate dated october
~, 1857 and the other June TO- 1875. BY the former
The property is left 10 his wife Ann Eliza and other
relatives. and by the other TO daughter Eliza Jane
Pcarsall, res ding at Elizabeth y !. In August 1S62
Mrs Pearsall obtained divorce from her husband and
in june 1870 one or two months before hjs dcceaee
MI Fcafsali executed the other WILL leaving all his
property 70 his daughter and appointing her sole ex-
eeuirx The deceased had no children by his wife
Auh liza and the lcgatccs under tho first will claim
that Eliza Jane the egateo unaer the last Will Is an
lueHNmate end, and, beyond this that undue inhu.
enc Wa eAS,'ea when the deceased incapable Of
maAlhs VII The Petition OF the daughter for the
probate OF the Will alleges that the dccedent len no
WGow nc subscribing Witnesses 60 the last will were
examined yesterday after which ihy matter was adj
journed.
In Part OF the Marine Court yesterday bcoro rps-o
Gocpp aDd jury, tried the case Of William i Rse
against Francis NLclSnd and otto T. Muller Ros sncs
as a substituted admin strator oil the estate M Esr
/ Douglass 20 compel defendants as bon,smen TO raw
SsS9 81 which their principal William Douglass a
former administrator. removed had failed to my over
IL appeared In the that Douglass cot his letters Of
administration the plea tina, he was the husband M
deceased, but Roe, TIE present PLAINTIFF subsequently
showed better right 10 that relation before the Sur
rolatc II was further Gained 10 the that no such
person Muller, the codeicndant could be found and
that he never executed the bond which suit w,s
brossht Judge Goapp directed verdict ia favor Of
paintin for the iuu sum, intending iutcrcst-in al
Nicholas DOLL Of Bcckman street sued one OF his
customers Mr Gansc, 10 recover SO as The value Of
an ovcrcoat The case caInc = trial IN Fart Of tks
[ Marine Court before Judge NcAdam and Jury yes.
torday Tho dcicncc Q! M .6anse yeS tlal The coai
Nos AZ imperfect ~ and not such FIRST class Goat as
p@lhl4 ssfsey 70 makc, and'on ibis ground had been
Nffg Ia, orla he r,t