The New York herald., 1877-03-16
DECISIONS.
SUPREME CoURT-cHAMBYEs.

BY Judge Lawrence.
Hetnstreet VS. Hewey.-The counsel for the paintin
appears be right in his contention that this action
Is the nature oil action Tor deceit aud that Inc
summons is properly therefore Tor rciei In such an
action recovery cannot be had without proving the
deceit fraud (Ross vs. Muther, 5l N. y, l0S; DO
Graw Elmore. SO N. Y, H. The case OF Graves vs..
cases above cited, and the decision in the last case
be based upon The peculiar phraseoogy Of the
complaint, lair Interpretation OF which the Court
Thought distnp uished inc case from Ross VS. Muther
De Graw Elmorc. cannot distinguish the case
IRON Ross va Muther, and the motion Is denied Win
COSTS.
Overhaiser VS.. Burr-rhis is referred to Judge Lar
remore, with the request that he Will report whether
the proposed findings should be inserted in the case
Vedder VS.. Vormyc.-The preponderance ol the evil
dcnce on this motion is with the plaintiff The alle
CATION OF conspiracy on the part OF all tho other
members of The plaintiffs family against her daughter
the defendant is not only mot but IN my opinion
thoroughly oyerthrown; so MS 20 the allegations rela
tive to tho mbecilty Of the plaintiff and as TO her
inability to comprehend the nature OF this action or 10
transact business. Notion denied with costs with
leave II defendant Is 50 advised, on further
afidavits
kit,redgo VS.. Pryer.-These papers have been sub.
mtted without any Drief statement TO aid tie Court
in disposing Of the application. The plaintiffs coun-
sol will obligc by presenting statement July SET
ting forth the ground on which the application ID
made
Livingston vs. Curtis Il think that this order must
be vacated the that u s an attempt to Oh
indirectly that which justice OF this court mas
already denied on motion directly made for that pur
pose. (See also the opinion OF Judge Robinson IN
Schepman VS.. Brown, in Daily Reg'ser OF March H. }
Wallace vs. Colc.-Tho motion for bill of particu-
Getty VS. Devl,n-Moton denied, without costs.
Memorandum.
Fell vs. FelL-whcre in Germany does the dcend
ant reside?
Union Consolidated Mining Company. EXPLANATION
is required.
others; Daley Work Campbell VS.. Anthony; Tap
pen vs. Russell; Livingston Korn (No. 81; GILLIAN
VS. Mittnacht; In the matter Of Fackner. er.-Granted.
SUPREME CoURT--sPEcIAL TERM.
BY Judge Van Brunt.
Draper va. Chase Manufacturing Company.-Order
settled and signed.
Masback vs. Amend, &c.-Motion granted
COMMON PLEAS CHAMBERS.
BY judge Larremore
Matter of the assignment of Schonck to Cutter Mat
ter OF SpelIman and Dahne vs Fitzpatrick. Memo
randum for counsel with clerk.
Tho New York Lie Insurance Company vs. Har-
grave Nos 8, q and 7, and r. jackson VS.. W. jack
Applications granted.
Rinaldo va we'l.-Application denied
Hitler Conner.-Order granted.
by Judge Van Hoesen
Philips W. HaDiton.-Findngs signed.
Mcseroe VS. Blandy, and III the matter OF tho assign
ment OF Stratton TO Kersted Applications granted.
MARINE couRTAcHAMBERs
by Judge McAdam.
Loeb va. Levy.-Thc plaintiff did not receive his
title through the Judgment debtor and the creditor Is
not in position TO attack tho bona ndcs OF his TITLE
Notion for trial denied.
ArkeIi W. Peters. Order settled and filed.
Frcund VS. Metzgar-Motion to vacate arrest denied,
but bail reduced 10 1850.
Sanborn vs.. Ackerman.-william g. Peckham, ESQ.,,
appointed receiver.
White VS.. Blake; Rogensbergcr VS.. DIETRICH. Mo-
tions denied.
The Costa Company VS.. Ruhl-Motion for Judgment
granted.
Frank VS.. Frank. Costs taxed at $121 SO.
popkcn vs. Dean Complaint dismissed condition.
ally.
Dlnkelspeil vs.. Hamburger; Lane VS.. Fkns DO.
faults noted.
Gordon VS. Clark.-Moiion granted unless within six
days the plaintiff amends his summons In .he respects
pointed out In tho notice Of motion and pay $40
smith VS.. Welsh Ross Hancock; Miller VS.
Hayden; Lesserman VS.. Ortell The Hanover National
Bank VS.. Merritt; Kornochan VS.. Wooster; McQuade
vs. McCanerty; Futile VS.. Marin --Orders granted.
BY Judge Alker.
| Phyfe VS. Taylor; Palmer VS.. Suauss-Cases set
| tied and nied.