The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-24

As neither Of the parties can be found Judge Davis
yesterday granted TO the summons by pub.
LEGATION.
Tho suit OF Franz Ncssel against the city for $4,000
damages for injuries by falling into the Fourth avenue
Improvement excavation ~ 120th street was com.
mcnccd yesterday, before Judge J. Y. Daily, In tho
Court of Common Pleas. The defence is contributive
negligence.
The suit OF Carl wcrmcck against Elizabeth
Ohbevcrlen, for 0O0 for alc ged SANDER was tried
before Judge Larrcmorc yesterday, in the Court Of
Common Pleas Piaintin says defendant called him "a
thief, murderer, a scoundrel and hogg'sh hog. !"
Judge Larrcmore thought this too much OF the
'ossa Pcon" style, and directed verdict Tor de-
fendant.
The suit OF William r. Dempsey and Others coal
dealers, against J. r. barrow proprietor oil Inc occi'
denial HOTEL was tired yesterday, before judge Van
Hoescn IN the Court OF Common Pleas Plaintiffs sue
on bill OF coal and defendant sets up that the coal
was rccepted Tor by Dempsey. as agent OF Degraw
4 Co., who boarding at the hotel ana tnat Darrow
accented receipt IN tul from Dempsey. Dcsraw
Co. say they gave him authority 10 receipt bill IN
that way Tho Court instructed the jury to nnd Tor
plaintiffs 40.
Henry l.. Phelps claimed to have loaned $500 TO
Michael McCloskcy, aud as the latter denied the loan
SUIT was brought compel Its payment The case was
tired yesterday before Judge Lawrence. holding SUI
prcmc Court Circuit but Tue pIan'n ailed 10 s"tsiac'
tory subsantae ms claim and the result was DIS
missal OF the complaint.
Edward L. Davidson Co. engaged WilIe's Co. 10
send them 900 bison hides from Kansas City Tor SNIP
mcnt to I.iverioOl Tho hides came all right, but ON
arrival Ia Liverpool claimed, they were greatly
and very greatly deprecated ia value.
brought Tor $l4 900 damages and Inc cause
came 10 trial yesterday before Judge Van BrunI Tho
defence is IL general denial.
A rather singular application was made yesterday 10
Judge DAVIS Supreme Court, Chambers inc APP
pIicaton discharge G,rco Jacri convicted and
the Penii ntlary for four months Tor assault
and The ground OF tho application being that
stated any Of the papers or In the tcsti-
mony assault committed IN this city, ana
being claimed, therefore, mat the matter Was not
WITHIN The urisd icton OF the Court As the testimony
certain Streets IN This city, although New York city
named, Judge Davis thought the application
atlcnuatcd and remauded tue prisoner 10 serve
ont his alOi ted sentence.
Among The assets 81 tho North American Petroleum
Company Mr. Herbert K,ttel, the receiver announces
debt for $40 7sS against Frederick Schuchardt the
late treasurer oil the company this amount oil money
having been collected by schuchdrdt for the COM
I,any and deposited with his hrn OF f. schuchaedt
Co. bankers or this Mr. Kitte says he has
been paid thirty per cent, aud, as the banking urn
has failcd he asks PERMISSION 10 make compromise
Tor the balance duo hy accepting an additional twenty
per cent OF The claim. petition 10 his eject was
yesterday submitted TO Juugo JAWS, ia supreme
Court, Chambers. .
In tho suit Of Henry W. Thaue against Margaret
NJ. Krekclcr Tor malicious prOsccution ricd before
Judge Van Brunt yesterday, tho jury rendered YER
drt favor OF tho paintif for $33OO, 10 winch the
Court added AN extra allowance OF 500. ON the trial.
in addition the other facts heretofore punished
IL was proved that the defendant had threatened TO
take the law in her own bands; that she w"uld schu
the plaintiff tho State Prison, and that she states
That she did not arrest him uuIl alter decision IN
fnvor plaintiff had rendered against her, ana
that shc applied 10 tho Governor 10 remove DsUct
Attorney Phelps because he would not prosecute tho
criminal charge against the patniiH alter no nad be-
Porter appca red for plaintiff and Mr. q l. Helbers-
tadt Tor defendant.