The New York herald., 1877-10-09
THE COURTS.
Liability Of the Trustee of an In
demnity Fund.
FREEDOM OF THE PRESS
Another Legal Raid Upon the Estate of
Judge McCunn.
UNQIMELY REAL ESTATE SPECULATI0NS.

There was commenced, before Judge Freedman.
holding Special Term or the Superior Court ysster-
day. the trial OF suit brought by Francis Morris and
+. Simmons against william q. Webb. The action is
brought to $37 $50 the alleged liability OF
the defendant, a trustee of fund Of $4,000 which
was placed in his hands by third party to indemnify
the plaintiffs against loss thoy actually In.
surred and against which Webb agreed to indemnify
them In the fund named The plaintiffs likewise
security bond rsleass property OF the Central
American Transit Company attached at the suit OF tho
sscnrtv - nroecs - sava. new 1 comnanv wss
herward formed BY Webb, called tho North American
Steamship COMPANY. or which he owned more than
control The new company bought out the steamships
Of the Central American Transit Company Tor 5000 600
which we're 10 be paid for on delivery The plaintiffs,
however refused TO assign the title 70 the seamshps
they held until they had some other security in place
Of tho same II was accordingly agreed by Webb VINO
was president OF both the companies with the plain
tiGs, to roain $4,000 OF the 5000 900 purchase
demniy the plaintiffs. Subsequently, however, in
stoad of taking the 900 In money Webb got the
$4,000. payable on demand without Interest. 10 tho
order OF the oa or selling company and the latter In
note aud its proceeds Webb hold to the
plaintiffs. The liability Of the plaintiffs in the attach
ment suits was not fixed until moro than six years
after the date OF Inc note which had thus become out
lawcd. The company became insolvent and Webb
Was, was unable 70 pay hence tho present suit The de- dc,
fraud or wiliul negligence in collecting the note.
Messrs. W. D. Hennen, J. A. Cantor and Dennis NC
Hubbard and Stillman udge Porter for the de-
fendants
LIBEL SUIT AGAINST THE WORLD.
The trial Of the suit OF Alfred Spoer against The
World. commenced, yesterday, before Judge
Sper In the Superior Court The suit Is brought to
recover $50 900 damages for alleged libel published
In the New York World, the 18th oil December,
1873, containing the following words:-"He," mean
Ing the plaintiff s'cAn bear with eQuanmity Gen.
sure OF the coroner's jury, since only repetition
OF tho which everybody who has heard Of his
rcscaty has expressed about him." And also tho
following words.-"But We may say, with perfect
Justice that the house which Spssr put up to fall
down proves Speer to be rascal and affords at least
= strong presumption that the money with which 1t
was built obtained by speor not through honest
industry but through some form Of fraud. Poetical
and practical justice would be done If Specrs victims
and their representatives should get enough money
out OF him in damages to mpoverish him and turn
him loose upon the world to begin lilo again with
against doing dishonest work for his living"
The plaintiff charges that this publication
damages. The defendants answer by denying that the
publication was false or malicious; that the plaintiff
mitigation that on or about the 5.h OF DocomScr,
1873 q building which had been erected and was
owned BY the plantn At passaic, j., foil down and
fatally injured certain residents OF that town. that at
Tho coronsrs inquest was shown that the building
was not sufficiently strong and that he had whom
building the house left out certain Interior props
savo expcnso tnat temporary braces had been put In
without which tho building would have lallen before,
.that the tmbor too small and that tho accident
was the direct result of negligence tho part oi the
plainttn that upon such negligence the jury found
tin. which verdict generally commented upon at
the time; TINT criminal action subsequently
brought against him and the plaintiff severely
oensured by every who charged him with rascal
ity equally oensive that the arguments forth
were truo, and that the publication made mad.
Veranty In the absence OF the editor, who whom
plaintiff was acquitted on the criminal charge
pressed a Willingness TO MAKE any statement which
justice would require.