The New York herald., 1876-12-05
Interesting Opinions Of the General
Term, Supreme Court.
ELABORATED COURT HOUSE GARGOYLES.
Henry Ward Beechers Efforts to Collect
That Two Thousand Dollars.
SUMMARY CT THE DAYS WORK.

during the last term among which the following
the most Important
Eliza Ruskman who owns a large quantity Of real
estate IN New YORK, very near to the boundary
line OF New Jersey. GAINED that the value of her
property was deprecated by the obnoxious smells
arising from tho hone boiling establishments wiihn
the confines Of New Jersey. She brought suit for
damages, but the complaint dismissed on the
ground OF wont OF Jurisdiction, as the alleged NUS
ancc was located outside or the State. The General
Term in an opinion written by Judge Davis, holds
thar Supreme Court has Jurisdiction outside OF the
State over causes which deprccaie the value OF prop
erty within this state
In the case OF Sir Grande A. ANYWAY, involving the
law governing tho examination OF judgment debtors
in Supplementary proceedings u Is held that when
judgmcn debtor is resident Of another State but
has place OF business here he may be examined in
this county If execution has been issued and re-
turned here, which based upon atranscript 6lec
here, although the judgment roll was died In another
county. The statute applies equally to such cases
10 those wherein it appears that the debtor though
Resident in some other county than this State, has
place ot business here. II is general and in such
eases makes distinctions. Its provisions relate to
Judgment debtors generally. The further result Is
hat the oxamiraton OF non-roSdcnts is confined 10
The county where the judsmea, roll is hlcd, cnly in
sho when the debtor has no place OF business in
any county Ia this state.
Iu the case OF Jonathan Woodruff against Robert
Sherard agent OF the New YORK Transfer Company,
The Supreme Court, General Term, approves the de-
cision OF the Court below. The plaintiff sued thc
pany the value a box and It's cont ents delivered
10 ono Of s agents b. his daughter, she having as-
signed the claim 10 him. When he young lady dc v-
cred the box she asked Tor fccei; ana was hnrdcd
ot the printed contracts of tac company STATING
thai they were not responsible Tor trunks OF the
of than Sl0u. The box IN question not de-
hycred to the plaintiff and SUIT ior damages sent
before the referee, who decided that INC document
gwen the young lacy not contra and that the
company should the cost c tue article intruscd TO
1t MS common carrier. The transfer Company ap-
pcaed TO The General Term with Tho result stated
On The 3Olh OF March, 1871. John Snca policeman,
the Court OF SPECIAL sessions, held by
Justices Downing aud Shandley, assault ana battery
hpon one Quinian He subsequently, dismissed
the force by tho Police Board, actne upon that
ronyicton, although he attempted 10 explain away tho
charge on appeal from The scon OF the Board
The General Term of The supreme Court directs HIS
staement hodlng that there was no evidence before
The Polce Board. Judge Davis IN his opinion states
that prior to 1865 the Court OF Special sessions this
sty was held ey any three police justices. In that
year the Court authorized 10 be held by
Two elected in the Second and Sixth judi
cal districts Tho act Of 1865, however,
and the former act thereby specifically revived
and declared to he IN full force. II followed that tho
only law under which tho Court Of Special Sessions
could be held at the time the relaor was convicted
that which required three police justices 10 hold
It, and could not be held by less than that NUMBER
consequently the conviction OF the rclator void
and the ceruncatc oil such conviction could not be
legal evidence; the only evidence o.
duced before the Police Board, and IL follows that
charge must be regarded wholly unsustancd by
legal proof.
In tho matter OF the appeal by the ChiIdrcn's Aid
Society IRON decision OF the Surrogate admitting
10 probate the Will OF Eliza Hearscy, Eliza
Hail. dated January IL, 1874, and rejecting ono
OF February s, 1872, bequeathng her properly
the society the General Term.
opinion by Judge Davis affrms the decision OF the
Surrogate. IL viii bc remembered that the deceased
transferred her affections her property from MIS-
Blauyc, with whom she had been living to a family
al nd hat he Ievp fvpS ed
the latter OF bringing ''undue influence 10 bear upon
the deceased. "ihe Lcvercdses," Judge DAVIS,
'wcre substituted in the anecons OF the tesalrx by
apparent effort OF their She sought them and
placed them in the position Mrs BauveIt haa
Gated. She found In them companions and friends
more genial more yielding 10 her demands more
careful of her comforts and wishes and SO far tho
mental and physical happiness aud sooinc the pam
she suffered iron her various maladics by
every means ,s.a In IN their power II o Is not sur
iicuar objects OF her bounty, aud suitable substI
tutes for whom sue has ceased TO regard In
that light. The stalc oil feeling on ner part
manifest accord with the tenor OF her teslamcntary
Ideas shown in tho Iormer Wills so FAR certainly.
As related TO those Immediately surrounding her. aud
to the disposition OF the house In which she lived. No
read the testimony and be surprised that
she took the house away from Mrs. Bauvet from
whom she had required, tor reasons sufficient 10 her
SELL the return OF articles OF ewcry she had her,
recurring the gifts as forfeited by her anrratitudc'
should be surprised that she wished givc
II to the Levercagcs, who had won her affection by
constant Kindness and attention We can see
due influence even II 1t be conceded that
all the services and kindness of the Lever
Courts must be careful not deprive old
and It's numerous influences oi the right 10 secure
Tor iIself the Kindness and attentions which often
times nothing but money or the hope OF y can pur
chase The nhrm aged who part rom the stan or
ingranude and sometimes the cruelty OF which almost
every ones experience will furnish examples. To
smut of By any incxorabc rule o. andue influence
the right power OF persons situated the esatrx
In this was to reward BY Their hist Will or other
wse The kindness that makes their last days happy,
deny them tho beneficial use OF tner property at
the time OF lie when II becomes most valuable 20 their
comfort, would be cruel 1t is maxim OF the law
that the will stands for tho reason in the
absence OF fraud, coercion undue innu
eIcc, and when the oniv undue influence
shown Is that of unremuting Kindness the spirit OF
the maxim is unshakeu, because such Manifestations
OF tenderness form another and better reason for
tesiaior's lounly We can discover no ground for
decree OF the Surrogate should be affirmed, win costs
OF tho appeal
when have already been published In the HERALD,
the General Term reverscs the decision OF the court
below, in winch plaintiff obtained judgment Tor
$50 900. Judge Davis his inion holds
the superintendent OF Repairs aud supplies
bound 10 sign All certificates acknowledging the receipt
Of materials personally, in opposition 10 the lower
tribunal, which admitted their signing by his subor-
anates TO be legal
"The most Important question: be says, rs
whether under such contract the power exists IN tho
Department oi Docks TO make rcqu.stions whcn de-
part from the specifications OF the contract ard were
not fairly covered BY its II this Is 10 be 50,
why then all the protection to the city provided for by
statute requiring advertisements for sealed proposals
and with bonds and security their per-
formancc, has SUBSTANTIAL value, for under such a
the department might accept the bid OF "a
Mt the liked 'price Tor the articles specified
for competition the advertisement and
then, under his contract for the delivery OF
such articles, permit him by requsition to
denver those mucn inferior in quality and value
This case itself illustrates the danger OF such power
In this will be easy upon the papers presented
to enter upon smother trial discover the articles
fairly within the and those clearly outside OF
IT, The former must Uc PAID Tor by the city, Underline
contract itself The latter be IN this
action, whatever remedies the pIaintin may have
against the city," In his opinion Judge Davis furthcr
Bays.'sWe iccl bound to bold a 10 be sound law that
II contracts made by the city upon tho basis
oi scaled bids and proposals under tho statute,
specifying with particularly the articles to be dey
cred there is no power in any board ofllccr
OF he Corporation let down the contract in material
respects to inferior less reliable articles under the
ILL oil Loafo