The New York herald., 1877-01-06

Supreme Court Chambers giving permission to set up
defence the proceedings IL the suit o Levy VII
lard against the same defendant and brought Tor the
same purpose. There was appeal from this order
argued yesterday In Supreme Court, General
Term Decision reserved
Richard White died this city In July last. leaving
three children aud Tour grancchdren The properly
consisted OF three houses and lots IN this CITY ana
some property at Mount Vernon. In his will he oe
queathed all his property his children. II Is claimed
by his other heirs that he not Of sound mind when
he made the VIII. and that the same was made under
undue influence and suit has been brought In the Su
prcme Court for partition of the property among all
the heirs. motion make tho answer more definite
aud strike out certain portions OF IL yesterday de-
MED by Judge Donohuc
Before Judge Dononue, in Supreme Court. Cham
bcrs there was argued yesterday motion made IN the
suit oil Remington VS. Wcsterman 10 open s2,ooo
default Oh \ policy OF insurance. Plaintin ana de-
iendant were partners, and policy OF insurance De-
longing piantiT placed IN the saie The
altered the combination OF the safe and dld
not INFORM the planti Of the alteration Ine par.
power OF attorney from the plaintil ON me argu-
menl there was some dispute AS TO whether the power
ol attorney had been revoked Aiterthe argument the
Court took the papers, reservins declsIon
Mcssrs Devhn and Miller, counsel for John L.
Brown, the late city contractor, got verdict IN ms
favor Tor Sl40 oo0 IN the Court OF Appeals Other
counsel went TO work, as claimed, ana compromised
this claim ior SS0O O00 The original counsel are still
obliged, in consequence, To contest the question OF
their tees, they claiming that no money shouu Do paiu
by the city TO Mr.. Browns executors on account oi
such ompromIsed Judgment or the pay yncnt OF ther
fees The case was argued length yesterday before
the Supreme Court General Term, Nessrs. SULLIVAN,
kOppc ana tOWicr appearing ioI tH' VIZ. VI.
Henry II. Anderson for Dcviin and hiIcr. me Court
took the papers.
Counsel N tho Emma Silver Mining Company suit
had another easy day oi II yesterday. So much IN
hard cash for sitting qu'ctly in Court, while one oi
their The depositions OF witness taken
in London the SUIT drags It's SLOW length along
But there elements OF forensic cxplos ons IN u.
Beachs and Stoughton's veins are fuller OF deprecih
ton and conviction against defendant, or plaun as
their Interests tend, than the Emma mine was o silver
Tor the unfortunate hodcrs and those gentlemen
will work the big bonanza that was heretofore big
elephant.
The case on appeal OF Daie vs. Brinckerboil was
argued yesterday the Common Pleas General Term,
before Chief Justice Daily and judges Robinson ana
Larremorc. THIS an appeal from an order oi me
General Term of the Marine Court reversing JudI-
ment at Trial Term and granting a pew tria. me
ntilf owned some machinery which defendant per-
mt,cd plaintiff TO store his warehouse. Deendhnts
lease having nearly run out defendant sent wora 10
plaintiff remove it, TO which notice paintin paid no
able further charge OF the property had IL sold
at auction Tor plaintiffs benefit Two years aferward
plaintiff demanded the properly, and when he learned
the foregoing facts sued defendant Tor conversion
The Judge before whom the cause was trcd helo lhat
the facts established IL conversion and submitted TO
the jury only question OF damages Mt I. IL.
Nashin argued the case for plantl claiming nat inc
facts established a conversion. Mr.. William Henry
Arnoux, oi counsel Tor defendant commended that IN
such case conversion was question OF intent 10 DO
passed upon by the jury, and cited an Englsh case
wherein held that drinking part OF tho whc III
controversy was not itself an act OF conversion
Messrs. Kelly and MacRae are tho attorneys Tor de-
fendanL