The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-12

including the 1878 within ten days. ana tue taxes
oil The years 1874 and 1919 and all unpaid
within twenty days. $40 costs TO The successful party
10 abide the event
simon VS.. simon ct ADJ There was lachcs The
motion until after the report Of sale was
confirmed. i2.l lnadcguacy OF consideration ~ Is
Wen settled, Is Insufficient But here tue PROOF y
overwhelming that The property brought All was
worth "a As to coilusion on defendants own Show
ing nothing was dore except what the parties had
perfect right 20 do, and legitimate and proper unoer
standing affected by calling culiusNc "a IL
IS against public policy and against the true interests
" SCI asac saes Ia,,y u, ,%a mr.
chasers should understand that their bargains VIII NOS
be disturbed merely because they arc good bargains
TINS motion must ne denied, with $40 costs
by Judge Lawrence.
freund vs. the Importers aud Traders Bank. Case
and amendments as allowed aud settled.
In The matter OF isoyd-order granted
BY Judge Bredy
schcIlng VS.. Schellng he defendant statcs that
the paintill admitted to HIM that she earned 50 a
week and this IS an answer 10 the motion Tor am"ny
while the suit rs pending. II IS not Us 10 counsel lee.
and the defendant must pay $50. He does not deny
the abandonment. The plaintiff mny renew the mo-
ton ON further afhrayits II deemed advisable No
marriage contract cannot be couEi cnanccd.
Cardwcli VS.. MISUNDERSTANDING appointed; bond
Harrington VS. Atwood Kcmblc alleged the re-
ceipt OF money from the defendant and ignorance OF
the precise amount. Tho sum due the plaintiff, " any,
is the imporlaGt question in tho aud all inquiries
on that subject are, III my Judsmcnt relevant ana I'M
portaut
Mood VS. waiL-Thc response 10 this motion shows
was put ~ Tor dcny, and thai the note IN SUIT WAS a
right THIS IS not gninsaid On the papers. except SO
far as the does H. which, application like
TINS, is not sufficient Ii may he that tue defendant
can explain, and II so, they must seek further rem
edy. Motion denied
Frank ct al. W. Evcrs.-rhc order for further time
TO answer Is lar modified as 10 require the defend
ant to accept Eoce OF lrm Tor May next
The Commercial Bank rs. Ackcrnan. -Granicd.
The Lenox Fire insurance Company Gage ct
aL-This motion Is denied. If other parties clam the
fec they must protect u by such means as they may
uuslnf Il iiruSn rn Tha in
possession held by vrtuc OF judgment. and cannot
DO placed under burdens by persons claiming tI,c not
withstaDdIng the Judgment
The Christopher aud Tenth Street Railroad Com.
pany the Central Cross Town Railroad Company.
think the defendants should be permitted take he
testimony In reference To damages and TO have them
nsccrtaincd aud settled, but that the collection al
them should be stayed until the determination OF thu
appeal taken This will prevent tho prejudice which
mny result from delay to the defendants clam. Or
dcrcd accordingly and referred Tor that purpose
Brndhurst VS.. Lloyd.--Thc amendments are iinpOr-
tant II would be unreasonable not 10 grant tho mo-
ton to allow IL 10 ho made II tho effect Of u Is 10 de-
sroy ali dcicnces ,hcn tho plalntn mus, pay all tho
II not then II is allowed 10 be done payment
OF $40 costs
Lyddy VS.. McLcan.--Thc timc expired yesterday
which was allowed pnintir TO perfect the appeal. II y
under taking executed and served IN time, and
tho Justification shall bc petc ed and satisfactory 10
tho Court IN 1--WE days from this date April ii, $780,
then the order OF Justice Barrett allowing six days
may DC regarded as compiled with. II these events do
happon, then the defendants 70 become entitled
immediately 10 order directing the payment OF the
money deposited in court.
wai,ermrc VS.. Peck.--Tho made to tho
swer TO open default shows substantially that
the defendant Peck has had his day in
court anu was defeated. In the action
brought against the office. who took the plain.
tnrs property on Pcck's attachment tho latter
was the real defendant and II was his duty and tho
obligation OF his promise 10 defend that acon. Ho
fault he opened under such circumstances, but
the defendant may renew tho motion on payment Of
$40 COSTS II SO ADVISED on now or additional facts APP
piicton to be made 10 the Justice holding Chambers
crprpvop COyrur-cpvcrA rEpx
BY Judge Speir.
Postly va Drickcl ct al Same vs. Same; Same va
Samc-Thc motion that the defendant In the three
abvvo cases have leave TO amend his answers is dc.
med with costs Tho plaintiffs motion to place tho
above cases on the short calendar granted.
Elizabeth G. Pope vs. Alexander ropc.-Motion 10
appoint referee herein Is denied. with costs.
The People &c, ex rel Kaufman VS.. Kauinan.-Prc
cept allowed
Bepver OF al. vs. Duclos OF al-Lct tho defendant
have further time until tho oath OF APRIL 1876 at half
past ten O'Clock TO have tho whole issue Ia this
any specific question Of fact involved therein settled
TO DO trea by jury upon paying TO tho plaintiffs at
Du Bots Us. Miller. -Attachmcnt discharged
Tournodc ct al. VS. Romans Extra allowance
granted TO plaintiffs.
Jenny vs. Tailman-Leavc granted to plaintiff to
amead summons and complaint on payment Of $40
Tho Norfolk six Company vs.. Baldwin Of al-Under.
Leonard VS. w,dde; Randlc vs. Duscnbury; Hawk
VI. winans; Pangborn vs.. Emmona Orders granted
COMMON PLEAs--sPECIAL TERM.
BY Judge c. I. DAILY.
In tho matter oil Wocbstiicr TO assume the namo oil
Wolfe. Application granted upon proof OF entry oil
order OF cuange j name in record Of naturalization
date OF order.
wright vs.. Wright schwartxwalder sufficient,
Dennis IS not.
MARINE coURT-CHAMBERs.
BY Judge McAdam.
Edison ct a. w. Smth-'Upinion. nlcd.
Lcvy vs.. Levy.-M0tion 10 dismiss granted.
Greer vs. Tillinghast Motion granted.
Walker Vs. smith; The Safeguard Fire Insurance
Company vs. Leak. Orders granted.
Stuart va wilmorc. -Aclion dismissed