The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-02-22

that after thorough investigation he had discovered
auction sales to the amount OF $1,000, made during
1876 Tor every dollar vi which proper accounts were
presented The examination Is conducted by Mr.. H. s.
Ncwcombe Tor tho prosecution and Mr.. David Levin
tritt Tor the defendants and will be resumed on March
Judge Sedgwick yesterday granted an order for the
examination OF Veddar Van Dyck before referee IN
the suit o. the Commercial Bank against Frank H.
Eccles The defendant was arrested and In lieu Of
BAH. deposited 81 $50 with the sheriff The plaintiff
recovered verdict for S. $40 s4 and seeks COM
Elizabeth Carroll bought Of Patrick Csssd second
hand engine, for which certain portions were to
be supplied. The defendant, after beng paid 5000 on
account tailed alleged, to fulfil his part OF the con-
tract and SUIT brought against him Tor damages.
TIE case was tried yesterday before Judge Donohue
Mr. Dennis Mcmahon appeared for tho plantd and
Mr. William Place Tor the defendant
In the matter OF the EXTINCTION proceedings on DE-
Henri Vandcrvelpcn and his wife, Commissioner
White yesterday forwarded all the papers In the case
TO the Secretary OF State. The Commissioner holds
the fugitives for extradon, and IL only requires the
mandate OF the Executive TO deliver them up 10 the
Belgian authorities The accused have declined TO
enter upon any defence beyond their plea mot guilty
TO the charge.
There was tried yesterday before Judge Van Brunt
the SUIT brought By Henry w. Thau against Henry A.
Frost and Margaret Krekner Tor $4,000 damages for
were recently published exclusively the HERALD.
Tho plaintiff was charged by the defendants with
In the case by the District Attorney the present suit
was brought Mr. ID. ". Porter appeared Tor the
piantn and Mr. Charles L. Haberstadt tor the de-
fendanta
Mr. l.. J. Grant, who has been fighting with such
tenacy the claim OF Sergeant Miller for pay during
the years he OF the police force has gone
into side ISSUE In the matter In carrying the
oil Miller TO the Court OF Appeals there bill Of
costs for S219 against the Police which
the latter, seems, refused to pay On application OF
Mr. Grant Judge Lawrence yesterday granted order
directing the Police Commissioners 10 appear on Mon
day next to be examined IN supplementary proceed
ings upon the judgment obtained upon this bill costs
The object of the examination is TO find what property
II any belonging TO the Police Department is not in
actual use so that such property can DO attached to
mako good the judgment.
John NJ. Jordan, by his guardian John FagIn, has
brought a SUIT against Henry q. Bowen TO recover
$4,000 damages for injuries sustained through the al
legged negligence and want OF care OF the defendant IL
seems that whlo employed In the defendants printing
Office his right caught In one OF the revolving
press cylinders crushing and mutlating the same to
such an extent that he Is incapac,tatcd from work.
In Supreme Court. Special Term, held by Judge Van
Worst there was tried Yesterday suit brought by
James G. Jacobs against $. J. Miller. The plaintiff
charges that the defendant pretending to own ma.
jorty OF tho stock Of the Enamel Paint Company, en-
tered into contract with him to give him 500 shares
for SIT 500, vii the understanding that the plaintiff,
defendant and Pool would thus have stock enough
control the election 1t Is claimed that at the next
President and the plaintiff Vice President OF the
pany The election did not turn out as anticipated
and hence the present suit The defence partly admits
and partly denies the allegations IN the complaint but
insists that altogether there Is no sufficient cause Of
action.
The jury In the case OF Wedding Vs. the Mayor had
been unable agree when they came into court this
morning. Plaintiff sued Tor damages occasioned by u
full IN February, 1875, while walking along Delaney
street. The OF the accident was gutter twenty
six inches wide and seven inches deep running across
the sidewalk. and which was much out OF repair.
The jury were unable to agree to whether 1t
was such dangerous structure as to charge the city
with notice Of Its existence II having remained there
for upward Of twelve years After some discussion
the jury at their own request, were allowed to view
the OF the accident, Judge Daily remarkng that
there was no appropriation in the Court OF Common
Pleas for car fares Upon inspecting the gutter tho
jurys doubts at dspelled and they promptly
returned verdict for 81, 500.