The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-14
SUMMARY OF LAW CASES.

In tho suit for assault and battery brought In the
Marine Court by Mary Murray against Frederick t.
Luthcy, 81 900 damages tho particulars of
which have already appeared in tho HERALD verdict
rendered yesterday In favor OF plaintiff tor
1891 rs
A young man with the musical name Of Mendel
Mendelsohn OF tho age Of twenty four years, mar
RED yesterday, In conformity with the statute, by
Judge McAdan. of the Marine Court, to Eva Simon,
aged twcnty-onc years.
A suit to determine the much litiga,cd question
whether, after 1873, the assistant clerks OF district
courts were 60 with the Justice who appointed
them came before Judge J. r. Daily, the Common
Pleas yesterday John Gilchrst apponto by Judge
Clancy in tho Second District Court clerk 1873
and successor appointed in January last. The plain
tiff claims no to hold for years. The Court de-
cided against him. although he proered his services
continuously.
William Kinscy. the pursor of the steamship City
OF Richmond, who was arrested by the United States
authorities on u charge OF smuggling, tho alleged
offence having been committed four years ago, was
yesterday taken before Commissioner OSBORN Tor ex-
amination. There being no evidence against him no
was discharged.
In the Emma Mine suit yesterday Mr.. Park the de-
PENDANT was recalled 10 the stand. Ills examination
was finally closed alter many recalls The other de-
fendant Il. H. Baxter, was then called TO the stand,
his testimony beng mainly corroboralivc Of that Of
his co.dccndanI The case stands adjourned I'll Mon
Chief Justice Daily has rendered a decision In the
case OF George H. Colin against George HOLMAN and
others, in which he holds that on u verbal promise
gwen good consideration to extend the time OF pay
ment oil mnrgtagc TO one VINO has assumed the mort
gage, tho original moriga2or IS released from iabty.
The defendant Hoffman, who was the original mort
gsgor this aclion sold the property, and tho pur
chaser paid OF of the mortgages before 1t
due, and the plaiuta. as the purchaser, u married
woman, says consented upon her solicitation 10 be
lenicnt with her about tho other mortgages. TINS be-
ing SO the Court holds tnat tue purchaser became tho
AtFYut ndant Nina q in
the relation of surety aud as tor good cons!dcra
ton, mortgage was paid before II due aud the
time Tor the pay mcnt OF the others extended, Mr..
Hoffman re eascd from liability 5 surety.
Philip FerdiE and Kobbi and Edward Ball, composing
the firm oil kobbI Ball. aucionccrs. at Nos. 81 and
80 Leonard street. brought an action IN the Supreme
Court against A. Vchon for recovery OF $sl7 ~,
claimed TO be due them upon three promssory notes,
made by one ii. Alemsdorf and Endorsed by tho DO
iendaDt The action came up Tor rial yesterday in the
Circuit Court, In Part before Judge Lawrence and
jury and came 10 a rather sudden dctermnation-rpo
motion made by Mr. Jacob r. solomon, attorney Tor
the defendant 10 dismiss the conipa the ground
that the plaintiffs had failed To prove the mailing
service OF notice Of protest 10 the deenuant but the
Court, order TO enable the plaintiffs furnish proof
u possible, ordered juror Withdrawn and the case 10
stand over. Mr. George g. kobbi appeared for PLAIN
tins ana Mr.. j. Y. solomon Tor defendant
The SUIT OF Adam Rocdcger against zachariah l..
Simmons Tor $ll 900, growing out OF lottery trans
actions, which would have been $22 900 Il doubled
under The Gambling act, was argued yesterday before
Chicf Justice DAILY IN the Court % common Pleas.
Roedeger got judgment tor so77 ss Meanwhile Rob.
err Van kousxer got Judgment against kocdcgcr Tor
S201, III which receiver appointed. The
ccivcr applies Tor payment out oil Roedcgers judg-
ment against Summons, which has been handed INTO
Court Henry l.. CLINTON, Roedegcr's counsel, has
also presented a claim against nim. Rocdcser
that no barsaincd 10 pay Mr. Clinton 200 he got
81 600 Judgment ana $500 retainer aud that he has
paid him $45Oand $500 expenses, which noaey was bor
rowca from Van Kiosk, whom he wants to paid. Mr.
Clinton says no simply insisted on 5000 retainer, OF
which Roedeger owes hun $50, and $50 expenses Oe.
sides The case occupied ten days, aud all he claims
about 81, coo us TAR compensation Tor bls services
Judge Daily took the papers, rcscrving ms decision.
In tho Supreme Court, before Judge Van Brunt,
there was tried yesterday sun brought by Isaac Bacr
4 Sons against |. l.. Lcvcy TO recover = 900,
alleged guarantee gwen by the defendant tor goods sold
to his brother According TO the plantiIs testimony
the guarantee was gwen upon condition OF lour
monhs's credit 10 the defendants brother The note
maturity not beng paid tho plaintiffs
extended payment anu accepted note ut
three months. Upon defendants motion the com
plant dismissed, the Court holding that the aUil
iy OF the guarDtor released by the extension OF
time granted without his knowledge or consent.
Mcssrs. Baker 4 Spcrrv appeared Tor plaintiffs and
Adolph l.. Sanger Tor the defendant.
Writs OF rilorari were granted by Judge Donohue
OF the Supreme Court, yesterday, on application OF
Douglas A. Lcvicn, Jr., counsel Tor Horatio g. Conxln
and George Conkin, cx-pocc officers, who some
time ago removed from the force charges OF having
attempted to rescue q prisoner from the custody OF
another officer. and also OF having committed an
SAUL him. The Conkllns Claim In their petition
that they not accorded lar trial and ask 10
rcinsatcd Their cases will be heard ut the next Gen.
Term Of the Court IL Will DO rccollected that