The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-06

". tho T~Sxne The suit was for libel ia charging
thai plaintiff, . milk dealer. adulterated hts milk.
Judge Brady, in giving the opinion OF the General
Term says no doubt she jury were influenced by the
prompt resractlon made and the great public benefit
danserins peoples lives. The Judgment below is AZ
cate an hts property until former con-
sued By the city and the bond Of the con-
applied TO reduce the assessment On demurrer
the complaint WAS dismissed, and.the General Term
through Judge Davis sustsns the decision, holding the
remedy sought 90 be illegal
william A. sesver sued the Mayor, no, for $780,
avenue from Manhattan street 10 l65th street Tho
matter came up on appeal from decision In Chambers
denying motion for leave to amend the answer by
setting mp fraud in the making Of the contract and the
General Term reverses the judgment below
THE OLD ELEVATED RAILROAD.
Edward d. James, who held forty -nvc bonds Of $500
each OF the old West Side Patented Elevated Railroad
has brought suit against James A. Cowling and tho
Elevated Railway Company, and the trial CON-
mcDced yesterday before Judge Larremore, holding
Supreme Court Circuit In 1853 mortgage on tho
franchise made for $3.50, 600 under . trust deed
The mortgage forecoscd and bid In by Cowing
trustee subsequently, the property was sold by
him for 500 600 70 the present company. Plaintiff
claims under the trust deed the property should
have been bid In for the benefit Of the nrst mortgage
bondholders and conveyed the second and third
mortgage bondholders and merely offered nine per
cent Of their bonds to tho who FIRST furnished the
money. Plaintiff now for the face value OF tho
bonds The sets up that the rst mortgage was
executed 20 George s. Coe and James H. Benedict az
trustees that the premises sold on judgment Of
foreclosure; that Cowing. who had become trustee
bought the property for the bondhoders and notified
OF the fact that he in 1874 notice that no
sell tho property by auction; that tho purchns
ers were cighths OF them bondholdcrs and that
plaintiff had opportunity 10 come In with hts bonds
but refused Mcssrs. Wakeman and Latting appeared
tor plaintiff and Mcssrs @ c. T. Tracy for defendant
THE DOCK DEPARTMENT ENJOINED.
In an action brought by james c. Thayer against tho
Department Of Docks Mr.. Thayer states in hts COM
plant that no the bulkhead ut the south sdc OF
Bank street. North River that IN 1871 the department.
according 10 law adopted rule requiring bulkhcads to
be constructed continuous line from West Eleventh
to Eighteenth street. without piers tho currents do
not admit OF their construction. After this no says
the Commissioners OF Docks in violation OF their rule
on the LIST March, 1870 advertised for proposals TO
build wooden pier sixty wide and extending 13l
feet beyond The present bnlkhead, which, he says
would be an obstruction there and an injury to his
property. Application based upon this affidavit was
made yesterday TO Judge Lawrence In supreme Court
Chambers for temporary injunction against the Do
partment OF Docks, restraining them from building the
pier. The application was granted with IN order 10
show cause why the same should not DO made perma-
nent