The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-06-26
GENERAL TERM DECISIONS.

The SUPERIOR Court General Term yesterday handed
down number OF decisions on cages argued at the
last OF the Court, OF which the following the
important
In the Harding divorce case. tho referee, who was
appointed to hear anu determine all the issues re-
ported IN favor OF the plaintiff The defendant, Mrs
Harding died exceptions TO the report and moved TO
sacate The same the piantn moved Tor It's contirmu-
ton and the deiendaDt's motion was granted and the
plaintiffs denied. Upon tue settlement OF the order
1etendant's attorney made default aud the plaintiffs
attorney entered an order rccommitting tho report
md testimony TO the referee Upon motion
his default was opened and after iull argument
der made dsnlssing the complaint upon the merits
a decree was entered accordingly anu IN appeal was
taken Judge Freedman, VINO writes the opinion OF
he Court noids that the order OF reference was regu
ar Bat he says the Special Term exercising It's
)ervsory power III 10 withhold Judgment and the
ony question Is a 70 whether that power was prop
erly exercised lie holds that the Court went too
~ dSmssin1 the complaint on tue merits. The Court
bad tue power 10 order a new trial, and tue order
should be SO far modified as TO provide that the report
DC set aside, tile order OF reference vacated aud new
rial OF the issues had. Tne judgment OF March O.,
1871, should be rcverged altogether
Horace Is. Cialin Co. sued Henry J. Meyer to re-
cover damages Tor conversion OF goods by ware
houscnan, ana lhe answer was thai the goods had
been stolen without fault the part OF The defendant
The plaintiffs recovered judgment Tor SIG, 523 % on
lie report OF three referees, from which appeal
sAs taken. Judge Freedman, who writes the oplnon
81 the General Term, holds that upon proof OF nom
lelvcry goods stored presumption OF negligence
rscs and the burden OF proof ~ therefore cast upon
ihe warehouscnau to account fully Tor the loss, ana to
show That he loss. however " may have occurred,
was not caused by any want OF proper care anu dli
Ecaec ms part Under the evidence u apparent
.hl the defendant did exercise the prudent
nan would, and the referees We're justified IN mud
mi. judgment affirmed, with costs.
Thomas Il. Fairfax brought "a suit against the New
York Cen tral anu Hudson River abroad Company TO
the value oil the contents OF portmanteau.
when WIS received by the company on the Sth OF
october 1870. and which the company failed to de-
The states that the carnage OF the port
nanteau obtained from the defendant by false
represeptations made by the plaintls agents. the
,llect that the PAINFUL had ticket en-
ltnng him TO be carried defe ndanps road where
as in act be did not 90 travel The action tired
three times, aud the plainuf recovered "A verdict on
the last trial, from which judgment and from order
denying new trial the defendant appealed. Judge
freedman, in giving the opinion oi the General Term
81 the Superior Court, holds the false
representations orphaned Of not proven,
aud tnat the defendant having incurred, by
It's acts, the responsibility Of wareh0useman
least, the non-eivery OF the properly sufficient
presumption or negligence. Ihs the delen.
dant bound remove by affirmative proof, show
Ing thai sufficient ordinary care had been bestowed
apon the property, and the Court oil Appeals having
decided that upon the evidence tho question OF dech-
sant's negligence should be lett 10 the jury IL
properly submitted TO them question Of fact Tie
Judgment was affirmed.