The New York herald., 1877-12-27
THE COURTS.
Judge Speir Defining the
Law of Libel.
THE INTERESTS OF A LuNATIc.
A Seat in the Cotton Exchange Declared
To Be Property.

Judge spsir yesterday rendered decision on the de-
murrer 10 the complaint Ia the suit OF Alonzo bc
against the sun Printing and Publisntug Company to
recover 100000 damages Tor an alleged iibe. The
words charged libellous were published in he Sun
ou the 18Th OF last April and are as ioows:-"Civil
service reform has iapsss in tho Interior Depart
menI The Examining Committee, which sat on Satur-
day, included Dr. Warren, Cierk o. tho Board OF
Education, aud hurredly Endorsed for dismissal list
furnished by bureau officer. IL included Mss Maggie
Warren sister OF DR.. Warren, a TACT which was not
sscertained until yesterday. To-day she was re-n-
stated. Another TACT recently came 30 light In regard
TO Mr.. Bell Assistant Secretary OF tho Interior.
Last winter Mr. Ducll Commissioner Of Patents, was
a,smlsssd letting tracing be dol by various per.
sons under assumed nAmca Much scandal
stoned The by this illegal procedure It ap-
pears Mr. Bells wife lmeaung the plaintiffs wlfe)
was one Of thoao paid Tor the work In her maiden
nsme.n In hrs complaint Mr.. Bell states tho innu-
cndo 10 DO .has the defendant by pub lica-
sions charge and attended 10 charge this plaintiff
with being guilty Of haviox procured money Tor his
wife from tho United States government for services
Illegally under a assumed name" Tho defendant
demurred tho grounds that sufficient facts werc
stated and on the further Of defect parties
plaintiff the dor OF the wife Of Aonzo Bell
Juacc spelr in his opfnton, says that although the
complaint alleges general damage TO reputation. &c.
sustained any special iamasel In lion Tor Del
the plaintiff give evdsnce oi any loss injury
which sustained by the pubiication unless it
Ie specially stated N tins oonpianI rne language
complained OF 10 not actionabI0 per sc When the
wvrus charged are not acslonable OF themselves the
ps,n. must aIiege and prove thas by reason OF tue
hu.iIous matter he has Sustained some pecuntury
pIain introduce matter nor IN any degree
enlarge the sense Of the words " winch u relates.
There is Averment thO publication itself which
tv h0 cail lad ~ al tla
wuris published having rsference 10 Tho plaintiff Bell
He Is not charged with anything affecting MN Ia
luriousIy When 10 NO ambiguity In the language
alleged lbclious no innuendo required TO yivo
point 10 the meaning Tho charge that tbe Commis-
soncr OF Patents was dismissed Tor permitting an
illegal procedure does affect Mr. Bell nju iousy
In any wuy. The worst that DO suid so lar It
was dismissed for tho illegal procedure oi letting
tracing bo done BY persons under assumed
oaa'' oas 81 'a the persons @ " pa,d lor DONG ,S,s @
work In her maiden name. II the Com iseioner OF
now Iha, affects Mr Bell or mis- wiie Even il the de.
murrer admits that it concerns Mr. Boil u does not
constitute = libel upon MN. u Inc words relate 10
alleged procedure sne was allowed 70 do tracing work.
Tor which she was paid IN her maiden name In 0us'-
ness matters CONTRACT or obligation DO entered
tnto py person ny any namo he may choose 10 as
sumo. The law LOOKS only 10 the identity OF the ndl-
vdua IL often occurs that person Is AS we'll known
by namo another. In literature and The drama
writers ana actors being married women arc as well
the public BY their maiden names as BY the
names they assume upon marriage. am not aware
shat this practice or custom has ever been consd.
erea u decct want Of moral virtue or
the neglect Of moral duty or obligation. Under the
second ground OF demurrer, the nonjoindcr of the
WIFE, II Is 70 be observed that even If The language
com mplaneu actouable per se, The suit should DO
brought the name oil the husband and wife. IL IS
ony when tho action Is maintained by reason OF spe-
ciai ages ins husband that he may sue alone.
already apparent from the foregoing that there
noib lny in the publication that affects the husband
except by relation o his vile. Unless she be hUeiiod
there Is not anything IN tho publication which enti-
S,cs recover I no plainun Is hero claiming
fnpa nnhlIc tinn anneAP had
man, ana which publication concerns HIM he
Is that married woman's husband. II he, therefore,
he admit tnat the publication IS not actonaDie
per the publication Is aconaole per 70 ho must
admit thore - deect oil parties O"ing 10 the non
Jondcr OF his wiie. In either the defendant is
entitled 10 judgment on the demurrer.
IMPORTANT TO COTTON BROKERS.
A decision OF some importance TO cotton brokers
and owning seats In the Cotton Exchange was
rendered yesterday by Judge Spcir In tho suit
titled Rit.erband receiver, &C. against Boggett and
others which was tried before him In Special Term vi
the Superior Court, Mr. Simon Sterne appearing Tor
the receiver. E. H. Olcott Tor BoRgett, and Franklin
N. Scott for the Cotton Exchange. IL seems tnat
Macauty 4 Co, the 10th OF April, 1874, recovered
judgment against tho defendant Boggett Tor
S2,l0s 20, and issued execution thereon, which
returned unsatisncd, and supplementary proceedings
instituted, rssulsing IN the discovery OF the
property sought 10 DO rcaCpou Uy thiS b1L Inc
plaintiff In July, 1874. was appointed receiver, and
all the properly " Boggctt, except what was
exempt by Law, was transferred In title 10 tho
ceiver. About eignt or ten months subsequent
the nppoin tmcnt o. tho pianun receiver the de-
fendant Boggett, who before hau beon member Of
the New YORK Cotton Exchange, was declared bank
rupt, and George II. Fletcher was appointed his
sign.e Thercupon motion WAS made 10 compel
BOYCOTT to assign scat to Tho receiyer OF tne
sgnee the recover, according 10 the rules Of the
Cotton Exchange, could not take guch assig gnment
personally, he oeiDg neither a member nor member
elect The demand ior an assignment was based upon
IN offer whicn hc had received from Mr.. Coras On
tnis mouon Boggcts Claimed that tho scat net
properly ana that Tho assignee should bo made q
Inrty. An order 10 this enect vas July made, ana
nencu, upon leave being Rratted, this action
commenced 10 compel DoTgott 10 assign 10 per-
sou to be designated by The recover from whom
may have received should receive an oner, accord
iug TO the rules OF tho Cotton Exchange, Tor ms
seat thereiu Judge Spcr holds that appointment
OF The paintin receiver vested In hun the legal
title TO all The personal property oI BoggeL lio holds
that the seat AN incorporca riRh which Boggctt
mad the became bankrupt ami was IN The ull
est property ana that s tue duty OF The Court
10 enforce us transfer Tor Tho pIsnns cement IN ms
acton either ~ receiver or third person quail
incd work designs vi tho law. lie therefore
some other co,n potent and ut member the Cotton
Exchange, with apt aud proper aircctions.
A LUNATIC'S ESTATE.
Judge Van Hoesen yesterday rendered q decision In
the matter OF the application Of Aaron Hartman
mittec Of tho estate OF Edwin D. Brinckcrhon nn
allowance Of 81 900 year compensation Brihck.
AL