The New York herald., 1876-03-08
DECISIONS.
SUPREME COURT CHAMBERS
Nv India Dnnohue

By Judge Donohue.
Boraud vs. Dunn; Pcttibone Pettibone; United
States Trust Company Perry; Bunyon vs. johnson
Kelly VS.. Scripture Mutual Lille Insurance Company
VS. Lennox; Robinson Robinson; Hatch VS. Mills !;
Mutual Life insnntance COMPANY VS. Nash; Belts VS.
PeZ; Livingston Latham; kukuck vs. jones'
Mutual Lile Insurance Company VS. Wheopsoni Myer
Perry; Hoe Cooke; Bassford VS. Houghtaling;
MUIR vs. McIaughlan Phenix National Bank VS. Cas-
sin; Milken VS.. Patterson; Andrews Briggs
Springer VS. Meyer; Cavanagh Dinsmore; Horn VS..
Horn; Pier VS. Geam; Security Savings Bank
Smith; Bradhurst vs. Bell; Horton Nouss Arnold
VS. Whitehead: sloane &c VS. Phillips; Cashier
Konhon; Kukuck Jones Cameron VS.. Farley ct al. ;
Mills Lupton Gale VS.. Farley; Mckenna vs. Scrip
ture; Lowerre ct al vs. Willis; Arnold VS.. Oliver;
Kukuck VS. jones' New York State Loan and
Trust Company lie Baron; Moore VS. Galagher
Dooley VS. Halpin Ames Plough Company VS.. Smelling;
Curran VS.. Perry; Malloy VS.. McCool; Trimbe VS..
Krause; Milbank VS.. McGinns; Christman vs. Christ
man Mahan Jones Luckhardt VS.. 0ster; shrady VS..
Loader; Raymond VS. Bond; spratt va Crawford and
another.-Granted.
The President and Directors of the Manhattan Com
pany CampbelL--Motion granted.
Jordan VS. Mead Matter Of Jackson; North River
Savings Bank VS.. Seybold.- Orders granted.
Nottbeck vs. Nottbeck.-Guardan cannot consent
Klein and another VS.. Kennody-Granted; receiver
appointed
Bay Railroad Company.-Consent OF vice president not
sufficient TO bind the company:
Scully Hcaley West VS.. Nckerson and another;
Corbett vs. White-Denied.
Andrews VS.. New York Match Company.-See memo
randum.
Clark VS.. Crane Granted; receiver appointed
Champion
Company VS.. De Graum-Motion denied.
Security Bank VS. Fuller.-Motion granted, Judgment
to stand costs to plaintiff to abide event. defendant TO
paw $40 costs of motion.
Worthngton VS. weir-Motion denied. Memoran-
DUN.
Klein VS. Kennedy-Motion denied.
Acker VS.. Marshall-Denied, with costs
Matter of Vanderveer-No authority
Cohn VS. Moore.-Motion denied. See memoran-
DUN.
smith VS.. Corsen-Proof Of service of notice of mo-
ton wanted.
nh
fendant hands up opposing aindavlts.
jenkins VS.. johnson Motion denied without COSTS
Matter of the Methodist Episcopal church in Greene
| strcet-Must act by officers and under SEAL
| Simon jacobs Motion denied.
| Hollster Hollister Matter of Gresbach; Mat
ter OF the Reformed Low Dutch church. Harlem
BY Judge Lawrence
Anderson Jacobs.-The last undertaking seems TO
me to have been joint and several Assuming II 10
have been So there to be for refusing
10 grant the motion made By the appellant The case
OF Wood VS. Fisk was decided by me at the Circuit but
see nothing in that which conflicts with the view
which have taken OF this case.
Eldrdge Maclay ct al Having read the points
submitted by the plaintiffs counsel see reason for
changing the decision heretofore announced.
/ Morton VS.. Matthews--The judgment proposed does
not seem to contain the provision Tor an allowance 10
the plaintiffs counsel VIII hand a memorandum
OF their claim an allowance.
Hebrun Racey In this case will appoint Mr..
Edgerton receiver upon new order being presented
SUPREME coURr-GENERAL TERM.
BY Judges Davis Brady and Daniels.
Bright VS.. Milwaukee aud ST Paul Railroad Com
pany-order reversed, order TO be entered allowing
plaintiff TO discontinue payment OF taxable costs
OF defence and $40 costs Of opposing motion without
costs Of appeal TO either party. Opinion by Judge
Daniels
Sanford and another, &c, Cottrei ct al and
CromNeln Saudiord and another-Decree re-
versed rehcarng ordered as TO the debts claimed TO
have been owing by testarix and since paid by the
executors the $50 charged for the services OF Crom
wein in experimenting repairs, &c, at corner Of
Cedar aud Greenwich streets, and the rents paid by
the executors Tor tho dwelling house rented TO tho
testatrx In respect to other items decree affirmed
with costs TO the parties out of the iunds Opinion by
Judge Daniels
Heath and another VS.. Mahoney.- granted
and new trial ordered costs to abide event
Mccullough The Mayor, 6c-Motion for
trial denied judgment ordered for plaintiff on the vor
dict
Rosteru &C. VS. Dodd Judgment reversed; new
trial granted; costs to abide event
Leverch VS.. The Mayor, Sc-New trial ordered; ;
Hanover National Bank VS.. Limewcrth.- af-
nrmed
The People. &c, ex rel Kuzman, VS.. Green ct al
Order reversed and writ of mandamus granted Opinion
/ by Davis, T. j.
HiIbarue SC. VS.. Kople ct aL-Order modified so as
TO allow the plaintiff to discontinue without costs un
+ less defendant will stpulatc within twenty days
OF this decision that the plaintiff may read upon
the trial all the evidence taken IN the different pro-
ccedings in the United States Court In that case mo-
| tion Tor leave to discontinue denied
! Riggs $. pursell ct aL-Orders affirmed
Ncwburg Cement and Plaster Company VS. Freth ct
a.Order modified as TO allow defendant to exccpr
to The surotes within three DAYS alter entry of oraet
/ and affirmed as modified without costs.
Tribune Association VS.. Sun Printing Association.
order affirmed.
ment reversed trial ordered costs TO abide event
Paine VS. The Rector SC, of Trinity church.-Order
reversed with $40 costs besides disbursements, and
Injunction dissolved. with $40 costs OF motion below
/ Bevan and another vs Coope and another, &c
/ Decree affirmed.
| FrilIman VS. Panama Railroad Company Order re.
verscd injunction dissolved with $40 costs of opposing
notion
! Archer VS. o'Brien.-Judgmcnt reversed
Npz
ment reversed ana trial ordered; costs to abide
event
! Dnlebcr VS. Homo Life Insurance Company.-Judg-
/ Plat VS. PlatL--order affirmed
O'Bricn vs. O'Conneli &c.-Order reversed with
$40 costs and disbursements; motion denied with $40
costs.
| Mutual Life Insurance Company vs. Smith ct al
/ Proceedings dismissed without costs.
Young vs.. Loughln &c.-Judgmcnt reversed, new
/ trial ordered; costs to abide event
Manhattan Lite Insurance Company Dale
order affirmed, with $40 costs and disbursements
Coo VS.. Hobby; same Same; Same VS. Same
judgment affirmed.
King ct al vs. SarriA--tudgment affirmed
Luce al vs. DunhSm. Decree affirmed, with
TO the several parties TO be paid by the eXecutrx
ana executor out OF tho
! Mack Va Dry Dock and East Broadway Railroad
! Company. Judgment reversed; new trial ordered;
\ costs to abide event
I Bradhurst VS. Calhcrwcod, sc Order reversed. so
/ far II strikes out the denals contained IN the
answer and the allegations relating the counter
clam and affirmed the answer, with the usual
I costs aud disbursements to abide the event
Same same; same vs. same; same vs. Same
The People vs.. New York and staten Island Ferry
Company Judgment affirmed, with costs
Miller HoopcE-Judgmcnt reversed; new trial
ordered; costs 70 abide event
CahiIl vs. The Mayor &c Judgment affirmed.
Matter OF swan. &c -Judgmcn, affirmed
| Miller Va Miller ct aL--Order affirmed
| Mutual Lie Insurance Company va Smith ct al
Judgment reversed new trial ordered; costs 70 abide
| events