The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-21
SUMMARY OF LAW CASES.

In the suit of Albert Brett against the Phenx LILO
Insurance Company and the Continental Lie lnsur-
Company, Judge Davis yesterday granted an
order staying ali proceedings on he part OF tho plain
Til until after the flung OF security for costs
Horatio +. Liftchild having been three months in
Ludlow Street jail for non-paymcnt OF Judgment
found against him, applied yesterday to Judge Davis
Tor release. MIR. +. G. Bowman was appointed
assignee of his effects preliminary to deciding the
question OF his discharge.
There was quite lengthy argument yesterday before
Judge Davis the application TO fix bail in the case OF
wenocrgc, the banker recently arrested under the
Stlwell act. The Court took the papers.
Edward Crowley asked for the custody Of John
Crowley, his grandson, living with Ellen White.
Judge Davis yesterday granted writ Of habeas corpus
rcurnaDlc this morning requiring the production OF
tho grandson in court.
Anne Mccormick somo time ago over by
one OF the OF The New York Central aud Hudson
River Railroad ana killed Her husband, John Mo
Cormick, has sued the company Tor $4,000 damages,
Tho second trial OF the was commenced yester
day before Judge Van Hocsen IN tho Court Of Common
Pleas. The defence is contributive negligence
The trial OF The suit brought by Henry IL. Body
against David Ogden was continued yesterday before
Judge Scdgwck IN Superior Court, Special Tenn. Sew
cIal Witnesses examined but their testimony
undressing Tho trial will be resumed to-day.
In the of Daniel Selling against John Mcintyre,
Eugene j. Logcndcr and A. r. Bland, to recover
S. SIG, money loaned TO defendants on alleged worth
les foreign railroad bonds the ui facts oil which have
already been published in the HERALD, verdict Tor
$1,000 was yesterday gwen Tor the plaintiff The case
tried before Judge Speir, in he Superior Court
In the suit ot Bogart VS.. Clark, which was brought
TO for clerk services claimed 10 be due, tho
trial OF which took place before Judge Larremore, in
the Court Of Common Pieas yesterday, sealed ver-
dict ordered. Inc plainti claims that he was
hired by the year, while the defendant asserts that no
hired by the week.
stephen Wray sued Fritz Fiddrki to recover 81, 5OO
the value or goods alleged to have been converted by
tho defendant TO his own use The defence is that the
goods beon. cd to August KOCH against whom defend
ant held an unpaid chattcl mortgage which he lore
closed upon. The tral OF the case was commenced
yesterday before Judge Spor In the Superior Court
simon Sylvester has brought suit against Selma
Burnsnc 81, $40 tor services Tho defence
is that no services rendered and there q
want OF mutually OF consideration The painful, II
seems, employed by the defendant to get proof TO
expose supposed fraudulent claim ains her estate
The trial OF the commenced yesterday before
Judge Larremore in the Court OF Common Pleas.
August Schurer was yesterday arrested on charge
OF burglary premises No. II Chambers street. The
police making domcillary visit to his parents
residence, No. IL Cannon street, Iound secctcd there
in quantity OF counterfeit ono dollar bills and hlty
pieces This led to the OF Eugene Schurer
ana his wife, who were brought before Commissioner
Shields and held Tor examination IN default oil bail.
Before Judge Curtis, in the Superior Court, there
commenced yesterday the trial OF suit brought by
Nathaniel d. Putnam ana Henry Earle against Peter
H. Van Ripper and Wilbur +. KIRBY 10 recover ON note
So 200, which was, claimed, delivered TO plaintiffs
collateral tor loan, and still unpaid The defence
that the note was IN accommodation note and made
without considerations; that the plaintiffs not law
tu holders, and that the loan was usurious.
Leonard W. johnson sued the city to recover bal
ance OF ST. 1903 80 rent claimed due or the prop
cry Nos ia and 226 East Twenty fourth street. The
defence is general dena. The trial Of the case was
commenced yesterday before Judge J. +. DAILY, In the
Court Of Common Pleas The property, which was
used for starcs, was sold to the plaintiff by John L.
Brown, President OF the street Cleaning Association.
III April, 1873 The Court directed verdict Tor the
pantln and ordered the exceptions 10 DO heard
the first instance at General Term.
The trial oil the SUIT brought by Owen W. Brennan
against the city for rent OF premises occupied as po
lice court was continued Yesterday before Judge Law
velopment of no new facts The paintifl aud Thomas
Conan to be called To-day witnesses.
Before Judge Van Brunt, holding supreme Court,
Circuit, there tried yesterday, tins bong the
second trial, the SUIT brought by John ODonohue Il
Son aga nst Sherwood n Co., Chicago 10 recover $500
ON teas burned In the great Chicago ire The jury was
ordered to bring n sealed verdict this morning.
Judge Robinson yesterday denied the motion TO
strike out parts OF the complaint in the suit OF John
Tton and another against the United States Lilo In
Company, the iu facts OF which were recently
published ~ the HERALD. The plaintiff, luton, took
policy tor So 900 the mutual plan, and seeks
to dividends alleged TO be due him. aud also
accounting by the company He also charges the conf
pany with baving Incorporated the reserve fund
belonging To the policy holders.
There quite lengthy argument yesterday be-
fore Judge Donohuc On "A motion to dismiss the COM
plant IN the SUIT OF Ellen Connors against The CITY.
The SUIT was brought TO recover $4,000 Tor n death
caused by tho falling OF ST. Andrews church. On tho
authority OF tho decision IN the Macmillan case The
motion granted.
An Injunction has been granted by Judge Spcir, of
tho superior Court on the application OF Mr.. Angus
tine Daily, TO RESTRAIN Mr.. Munro, who publishes
weekly story paper, from publishing the romance en-.
that the romance is an infringement OF his copyright
OF the play known us ''PIque."
j. " French, Receiver OF the Peoples Savings Bank,
states in report made yesterday to Judge Davis that
prior the % OF April last he distributed among the
creditors 500 OIL IL, and that he has since distributed
SIS $50 Sc In the SUIT OF Charles W. Fuller against
David s. Kitchen an order granted directing the
United states Trust Company to pay to Mr. French
~ 800 redeem The property sold under foreclosure
In the SUIT just named
There was general expectation OF both learned and
spicy argument ycsr rday IN Supreme Court, Cnam-
Dc j
executors OF the late Wiam A. Virtue 20 recover No.
IL hey street, decided 10y Mr.. Virtue TO General Funk,
iuily published IN the HERALD but additional details
were eagerly anticipated. Alter some preliminary
skrmsnIng between counsc-an objection to tho argu
ncnt having been ner account of the aDseuce
oil Mr. G. W. Brooke, one OF the counsel, but without
touching The merits Of The casethc matter was post
pohcd VII next Friday. The case was " have come up
on motion TO continue the injunction already granted
Countess Heinrich, whose case mas been lulIyrc-
ported IN the HERALD is stl seeking to have opened
the default taken against her III the SUIT ought by
tue executors OF Daniel Marley. There was Lengthy
argument yesterday before Judge Davis, IN Supreme
Court, Chambers, OIL motion 10 open such default
An affidavit OF Countess Heinrich read, stating
that she had raised money enough among trends III
England TO pay Tor Storage ticket, ana she had
here now expressly TO prosecute her legal interests
tins SUIT she says she Is utterly unable 10 pay any
COSTS ana That her sole reliance is on the justice oi
cause Judge Davis took the papers, rcsorvng de-
cision
Messrs. Catln, Brundrett n Co, merchants in this
city, IN March, 1870. obtained attachment a.ainst
Philip Frunkln, retail dry goods dealer, alleging
that h. had obtained merchandise from them upon
fraudulent representations a levy was made on The
goods Of the latter aud they sold The com.
plant, however was dismissed at the trial term on
technical grounds. Paintin took appeal from
that decision, which appeal Is now pending and unde.
cldcd. Ia the meantime Franklin commenced a
counter suit against Catiiu, Brundrctt Il Co.,
setting Orth tho acts stated, ana alleging that
IN consequence his business was broken up aud
his credit and reputation injured and expenses en-
tailed on HIM, for all OF whicn he claimed $780, 900
damages The cnsc came on Tor trial on Wednesday
last IN the Superior Court before Judge Freedman and