The New York herald., 1876-01-30
SuMMARY OF LAW GASES.


In the OF Speirs VS. Matthews the General Term
has decided that injunction will hold good after the
recovery Of judgment in acton.
Suit has been commenced in the United States Circuit
Court by Edwin N. Lewis, trustee in bankruptcy of
the property and estate of Jay Cooke Co., against the
Fourth National Bank Of New York. TO $2S 0o0
alleged 10 have been transferred 10 IL by the bankrups
IN liquidation OF certain claims just before the firm be-
came insolyent, thus making defendants preferred
creditors.
In Supreme Court Chambers, yesterday Judge Bar
rett granted temporary Injunction restraining Mr.
Kreamer, proprietor Of the Atlantic Garden from CIV
ing further performances his place until he pay hts
license fee The injunction is granted at the instance
of the Society for the Reformation OF Juveqile Deln
quents
Michael Cushman sued Fernando Wood as owner on
a claim to part of award in the opening Of
uptown street Mr.. Wood got the whole award on
claim Of sole ownership, whereupon the plaintiff sued
20 his share On the trial at Special Term the
defendant interposed demurrer, averring that IL
would be most diicut matter for the proportions to
be divided The General Term affirming the decision
below in favor Of the plaintiff holds that Mr. Wood ad-
mits the justice Of the plaintiffs claim and should not
George H. Crimins convicted at the Special Sessions
on charge OF attempting to extort money from d. l.
Wilson, cashier OF the Sun, appealed to the General
Term or the Supreme Court the ground on
the complainant's testimony there attempt
at extortng payment The accusation was that the
cashier had sold several hundred dollars worth Of
stamps belonging 10 the San. In dsposng Of the ap
peal Judge Brady declares that the prisoner mis-
taken II he thought that he rcading the line be-
tween barefaced extorton and implied that the courts
would show consideration to would be backmailers
and that Is immateria whether the accusation was
made insnuatingIy or boldly. The Court affirmed the
judgment below.
Simeon Abrams a tailor was given materials for
making number OF coats He made up the garments
vnd sold them TO peder, after which he decamped TO
California where be arrested and brought back TO
this city a charge OF larceny He was tried before
Recorder Hackett aud convicted The carried
appeal TO the Supreme Court General Term, where
among other grounds urged for the reversal OF the
Judgment exception taken to his refusal of a
request TO charge that the prisoner could not be con-
vcted unless the jury found that the prisoner at the
tmo he received possession OF the goods il in his
heart TO steal and convert them to his own use Re-
corder Hackett 20 this request replied, 1T has not
been established by evidence that the man had anv
heart, and the jury cannot take anything trust .
Recorder Hackett subsequently, charged substantially
requested The General Term, inasmuch as there
evidence Of any fraud trick or device used by
the prisoner for the purpose Of obtaining possession
the goods reversed the judgment and new trial
granted
George +. Keller before Judge Walter s Pinckney, In
the Seventh District Court, judgment was rendered
yesterday In favor OF the plaintiff for $69 The ques
ton whether agent 10 sell goods on credit has
also authority TO collect tho money. One Hanaway,
an agent sold 70 Keller some OF Reds goods by sam
pie They we're delivered by an expressman, who also
let BILL tearing OF the receipt written thereon, as the
Dill was not paid Subsequently the agent went TO
Keller and induced him, by taking OH three
per cent TO pay the money to him. be did
not pay II over TO the plaintiff, but absconded.
On the bill sent and delivered with the goods there
vas notice printed "Pay no money TO agents or
saiesmen" Keller claimed that he was nots bound
oy tnat notice, having made payment for previous
OiIi 70 the same agent Counsel for the plaintiff in
sisted there was no esoppel and that the notice was
Ievocaon OF any previous power Of attorney, express
" l.npneo, ana cited Higgins vs. Moore, "a New York
Court OF Appeals Reports page ar which holds that
an agent employed TO sell goods commission Is
sunorixea 70 mako contracts for their sale and de-
s sy, vue not 70 receive payment therefor Charles
Lindsay for defendant