The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-02
DECISIONS.
SUPREME coURT-cHAMBERs.

fore affrms the judgment
DECISIONS.
SUPREME coURT--CHAMBERs.
By Judge Lawrence.
Horton vs. Nauss.-Motion Tor new trial on the
minutes granted for the reasons and upon the terms
stated IN the opinion
The Union Consolidated Company VS.. Raht ct al
The motion to vacatc the attachment Ii based solely
upon the plaintiffs papers, and shall consider that
the plaintiff has a right TO read the amended com.
plant in support OF his attachment 1t Is quite appar-
cnt that until the amcndmcns OF the complaint tho
action was one IN which no attachment could issue,
AMI that the cause OF acio incorrectly stated in
the affidavit on which the attachment was obtained.
The th cause OF action IN the amended complaint ap
pears be Tor the conversion Of personal property;
all the other OF action Tor fraud The point
is made by the defendant that the whole must
that tho attachment must be vacated. had occasion
to examine this question In the OF Wilson Her
vey, decccd at the November term. there held that
OF the causes OF action one for which war
rant Of attachment could not issue the attachments
must be vacated Having reexamined that opinion
see occasion to change my views Motion granted.
Ellis vs. Fostcr-The Defendant, McInIircS denies
that the painun ever partner in tho Sportsman.
Whether this denial Is true or false cannot determine
on adavits II the plaintin was not partner no Is
entitled 10 be plaintiff action to wind the
business and TO assume thar his statement true and
that Mclntirc's is false is decide the pre-
linnary motion In the plaintiffs favor. The OF
Goulding Bain Il Sanford. >. q. r. +. 1l6 seems
70 me to DC directly m point II DC true anas Inc
McIntire asserts, Chamberlain and not The defend
ant, is the rca party in interest," and the suit should
have been brought in his name Tho fund does not APP
pear TO have been in danger ut the time the SUIT
WIS commenced. Motion to continue receiver is,
therefore, denied
Tho paoli Belt Company vs. Gordon ct al--Ordor as
settled.
Encas vs. Heron Case and amendments settled
Pollon vs. Nolkcning Upon taking up the case and
amendments for settlement lind that rule ~ has not
been complied with in tins respect, &c There is no
reference the amendments the particular page OF
senographcr's minutes which supports IS supposed
to support the right to the amendment
Gray VS. Bnrr.-Thc first branch OF the motion must
be denied for the reason that the papers referred to
taken from the files in pursuance OF the judgment
and before there was anything done 10 Affect stay OF
proceedings The other branch OF the motion seems to
have been already disposed OF MIR. Justice Wcsbrook,
before whom the case was tried Motion Denied with
Paen va Bushnell-The referee nnds that none OF
the testimony in tho case taken on the day for
which the issue was noticed for trial, nor was any
such testimony taken whcn any one appeared before
tho referee 10 represent the defendants or either oil
them their counsel Tho referee also finds that the
adjournment from July ~ TO February l. 1875 was had
in tho absence Of the referee Alter carefully cxamn
ing the papers in the case, think that enough made
out to justify the Court giving the defendant an op
portunity to be heard. case winch has once been
decided in the defendants favor by referee although
that decision has been reversed by General Term,
ought TO be disposed OF ut the second trial on
default SHALL therefore, enter an order opening
the default but allowing the judgments TO stand as
security. The defendant must the costs before no
ticc OF trial and the costs OF the motion and must
stipulate to proceed weeks notice before tho
referee and 10 proceed from day day the
should adjourn the case in his discretion.
SUPREME CoURT-sPECIAL TERM.
BY Judge Larrcmore
Kimball vs. Newton. OF aL-Findngs settled and
signed
SUPREME COURT cIRcuIT-PART 2.
BY Judge wcstbrook.
Marckwald VS.. Ocean Steam Navigation Company
Qimcdl Case settled.
SUPERIOR CoURT-sPECrAL TERM
BY Chief Justice Mcneil
Coffin ct al vs. Scott ct nl-Rep0rt OF referee con-
nrmed and Judgment Of foreclosure ana sale ordered
Matter Of Bogiatt, &c.-Ordcr setting aside order
Boyer VS. Johns, IN 81 aL--Ordcr striking out names
oil parties, defendants &c
Judgment defendants the demurrer, with leave
to plaintiff 10 amerd on payment OF COSTS
DAILY We. Paulding; The sinclair Rcctifying Machine
Company W. Reiord The New York Rubber Company
VS., Merritt --Orders granted.
the Bate Reiriseraiing Company ct al vs. wickea-
Motion for injunction denied
Biogiatt vs. DoiberL-Moiion for nm order Of arrest
denied
smith VS. the Exchange Fire Insurance Company
Upon looking mt the answer in this case do not find
any Issue rendering tho nonrcfcrrble Counsel
may therefore appear before me and rearguc the
molten.
Burlcigh OF al VS. Center, Recorder settled.
BY Judge Sanford.
DAILY VA waIlack Judgment for plaintiff, with costs.
SUPERIOR couRT-GENERAL TERN.
Held by Judges Curtis and Sandford
Spofrord ct al VS. The Texas Land Company.-0rdcr
affirmed. with costs ana disbursements.
The Bulbs Head Bank VS. McFcctcrs ct a.-Judgmcnt
for plaintiff upon the verdict
sawiry VS.. Clark Judgment and order appealed
from affirmed with costs
sutro Ct al. w. Fargo President, &c.--Judgmcnt
and order appealed from affirmed, with costs
wmont VS.. Observation-Disclosures appealed from az
O'Br,cn &c, VS.. The Commercial Fire Insurance
Company. Order appealed from affirmed, with COSTS
Crosby vs.. Watis.-Judgnent affirmed, with costs
Roussel vs.. The 81. Nicholas Insurance Company
Order appealed from affirmed, with costs
The Whitney Arms Company Va Acknowledgement
The Star Fire Insurance Company W. Palmer judy
mcnt appealed from affirmed, with costs.
wchIc w. Conner, Sc.--Judgmcnt appealed from
affirmed. with costs.
Elvcrson Ct al VS.. vandcrpoeL appealed
from affirmed aud trial denied, with costs.
Jones xc VS. oach-Judrmcnt appealed from
affirmed, with costs
Quicker ct al, &C, VS. Rapp, &c-Judgment ordered
upon the verdict, with costs
COMMON PLgAs--GENERAL TERN.
BY Judges Daily, Robinson and Van Brunt
Iowden w Morgan Judgment reversed new trial
ordered cost TO abide event
Hcrrin Rammesbcrg Judgment reversed. new
trial ordered, costs to abide event
Masters VS.. The Eclectic Life ILsurancc Company
Ordcr affirmed, with costs
Page Kiddcr X Fletcher VS. Pottcr-Tudgmcnt re-
vcrsed, trial granted. ccsts to abide event
Lyday Tho Board Of Education. Judgment re.
ycrsc6
Orvis VS. Jones 4 Daua-Thc orders Of Judge j. T.
Daily anu Judge v,r Brnnt should be reversed. with
$40 costs aud The disbursements OF the defendants
Jones Jennings. and $40 costs and disbursements TO
the defendant Dana.
COMMON rLEAs-sPEcIAI TERM
By Judge Van Hocscn.
Hcwson Do Pcystcr. VIII counsel attend before
tho Judge, Wednesday next, at hali-Dast o'clock
A. NJ. 2
BY judge Van Brunt
Sage va vcrmyc --scc opinion.
MARINE coURT--cHAMBERs.
by Judge McAdnms
scrgansky vs. Lcmonze Defendant fined $3.50 for
contempt OF court Order and commitment signed
Philips VS.. Hoyt -Opinon.
Malahan Coburn-Icierecs report confirmed
and motion granted.
Clayton Oakc--Motion dismissed
Trunicdge VI. Davis; Barclay VI. Grimes; Smith vs..
Dodge Cvicnbcrgcr vs. Frank; Gulilon vs. Cory
Motions granted.