The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-29
DECISIONS.
SUPREME CoURr-cHAMBERs.
nv .Tudra BarraIt

BY Judge Barrett
Burs VS.. Elliott do not fccl justified In holding
that there Is sufficient evidence to go to Jury.
1t may DO slight, but this Is consideration Tor tho
Grand Jury or II bill DO found, for the petit jury
upon the trial OF tho Indictment Writ dismissed
and prisoner Decker remanded.
Grant vs.. Pamer.--Moton denied without costs. and
action or proceeding which tho petitioners may be nd
vised TO institute.
Ryckman, Jr, VS. Is, FicemTho case Of Merrill vs.
the of Frsbc Young, TO which referred upon
the argument, l lind that tho ruling was that, rs
matter OF Aact the defendant -csiJent and inc
decision pnccd In part upon that ground. The
motion must be granted, with $40 costs.
Gilbert Va Snape-Upon those papers the defendant
is OF course entitled 10 an order to c the report and
tho stands tho plaintiff Is ented to denial Of
the motion Tor an allowance. but would suggest TO
the learned counsel both sizes that tho referee has
heard aud determined tho action that the report
incomplete and intcrlocutory, and that the referee
could have directed final judgment between tho part
ners should DO sent back to the referee TO complete
the trial Of the issues anu 70 report in such manner
that 1nal judgment can 20 executed
Law va. Ramscy.-Iho plaintiff was agent OF the
poraton has brought SUIT, and now dnds that he can
not maintain IT, The amendment sought IS really TO
AVOID the consequence OF this failure and enable pcr
VINO can maintain tho action 10 bring il without
paying the defendant the COSTS OF the successful defence
OF the action rs II originally stood The ordinary
would be TO deny the motion and lot fresh suit
be brought, but as somo questions not involving the
merits may be avoided w tho it is granted
upon OF all the costs oil the to date aud
$40 costs OF opposing the motion.
case Tor reference Is made out No court at circuit
would subject jury to the Investigation Of eighty
itcns In bill Of particulars. Tho defendant submits
an affidavit that other questions able 10 DO tried
nowhere suggests either that these
ara be separately considered or that they will be
admitted for the purpose OF avoiding reference Tho
plcadngs do not indicate that difficult questions either
OF law or TACT involved aud certainly thoy do show
In connection with the bill vi particulars long ac-
count within the meaning oil tho Code. Motion granted
and referred TO G. H. HlIdrch TO hear and deter
mine.
Peoples Bank va. HamilL--rhere was no inJunc-
tons from Tho court IN bankruptcy and the plainilT
was not in auY manner stayed II and entit led
to proceed 10 this court and the only question IL
the excuse Tor the defendants non-attendance. |
think that he has shown that there was no Intentional
contempt and therefore the proper order will be 10 d.
rect conditional attachment Let an attachment
therefore issue unless tho defendant within i've days
pay $40 costs Of motion. submit to examination al
day and hour 70 be liked In The order not later than
such i've days
Bcarup vs. Carrahcr As the receivers proceedings
we're stayed upon giving good security on the appeal
perceive no good reason Tor making fresh ap
pointmcnt nj the present time. such o step would
probably involve additional and unnecessary expense
Ii the defendant TAILS TO prosecute his appeal with
diligence the plaintiff has her remedy. The motion to
l the vacancy 10 therefore Denied without costs,
with leave To nnd whenever the ten eral
Term afirms the order appointing tue original re-
ccver. There seems, however, to be no reason why
The action IL Tor accounting and the case Is one
emineIily proper to be referred. That much OF the
motion therefore granted and Mr. q. H. Hildreth
appointed such referee.
Place vs. Chcsebrough.-Thcrc wero but forty within
prior tho day liked for the hearings not meet
ngs The twenty APPOINTMENTS on the day and At The
hour fixed should be treated as meetings within The in
tent and meaning Of the stipulation. THIS Is within
the facts stated IN Mr.. u acAwe affidavit The referee
says there we're sixty Meetings, including tho time OF
making the report, but he does mol partcuarzc
nor deny tho details stated by Mr.. Blackwell. The
stipulation dd provide Tor limo spent tn. report,
nor does tho referee state how maLy meetings. took
him to prepare 1t; upon The whole the referees fees
prove proper but $500 instead oil $500 and there must
be roadJustmcpt on this bass
luai,r tha linn nj iia-
Wits presented and the further consideration oil this
inclined 10 give 10 paInti an opportunity Of
speedily trying the cause. Motion granted Tor frst
Friday in June.
Reynolds Vi. Dobbs--rho defendants conversion OF
the note was purely technical and involves no moral
turpade according the findings the suit against
Moody aud Harriet he was the victim OF others, from
whose false representation he has suffered under such
circumstances he is clearly eatted 10 credit Tor the
amount COLLECTED by the piantn IN the Brooklyn suit
less the actual taxable costs He ought not be charged
with tue counsel Ice OF 5000 IN that suit An order
will therefore be directing the clerk TO cnier sat
tiactlon OF The present judgment to the extent OF
$l59l b. that being the difference between Sl,s34 -,
the amount collected and S236 y3, tue ccs and with
leave for further reduction or Tor complete
satisfaction in case the COSTS ond allowance Of lhe
Brooklyn suit shall, at any Time, DO collected from the
defendants therein.
SUPREME COURT-sPECIAL TERM.
BY Judge Van BrunI
Wheaton va. WORMS, aud CoIicnder vs. Collendcr-
Opinions
Smith, &C., VS. Campbell ct al --Dccree signed
Fischermnn, &c, vs. Ganicr. Findings settled
The Peoples savings Bank Of Prov dence Franck
Ign and anothcrAs under section III u seems to be
matter OF discretion allow tho paintin to sever
not and AS II docs not seem absolutely certain hut
that the provision oil the section was not intended 10
apply such M the case at bar and AS unless
the paints are allowed TO sever the statue OF ima
tons has to some OF tue defendants, think
such provision should DO inserted in tho order which
Is roscttled accordingly.
SUPREME COURT -cIRCurr-PART 2.
by Judge Van Brunl
Cavansgh, &c, vs. Dinsmore, President Of the
Adams Express Company.-Casc settled.
SUPERIOR coUnT-cHAMBERs.
BY Chief Justice Curtis
Blau vs. Goldsmith. Order allowing receiver 10 sell
The North River Savings Bank Va Foran ct al.-Re-
ceiver's bond approved
Havcncycr o. al. vs. Havemeyor ct l.--Ordcr deny
Ire motion for a now trial.
Waterbury OF al W. DO Comery--Nos. and 2 Or
dcrs substituting attorneys granted
Lavcry ct al vs.. Law. --Order continuing Injunction.
Fcitnor, &c., vs. Van Saup.--0rder settled.
The Nassau Bank vs. Rocket Motion granted or
defendants conserving that tho action be referred and
TAX ing Tour days notice OF trial No costs Of motion
Freeman va cman.--Mo.ion Tor reference de-
on tho defendant, In accordance with rule ST.
Butler VS.. Lcc.--Alowance Of costs by clerk sus.
tanned, except as TO the items for term tees and for
proceedings aitor notice of trial
Drogc 81 al VS. Brett o. al Motion for an allow.
ancc denied. Nithou, costs to either party
Klein vs.. Klein Reference ordered.
Chit,endcn VS.. Milford Order OF substitution.
BY Judge Sanford
Thomas vs. Scribncr. --Order adJourning examina-
ton and trial OF cause.
Robbins ct aL vs. Falconer. Order vacating order
OF May 49, 1877; DGrands vs. Duncan.Ordcr OF refer
ence
Lord and another VS.. HarL--Order overrung an
swor as frivolous and for Judgment
Struppman vs. Muller et ul.--Motlon denied without
costs.
COMMON pLEAs-cHAMBERs.
by Judge J. r. Daily.
johnson va Bassiord.-Rcport oi referee confirmed.