The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-09
DECISIONS.
SUPREME CouRT-cHAMDERs.


BY Judge Barrett
United States Ltfe insurance Company vs.. Rector
and Church Wardens and vestrymen Of the Church OF
Now York Lille Insurance and Trust Company w.
Weaver; Manhattan Life Insurance Company va
Gottsberger; Boyer va White; O'Keefe va. Koehier;
Cross VS.. Goldsmith; Metropolitan Lie Insurance
Company VS.. Sullivan; Camp va Mccain; Whitehead
VS.. Whitehcad.-Motions granted
Marvel vs. Redistribution granted for first Friday.
johnson Vs. Jenkins Rowan vs.. Lawior; Tuska W..
Morris Motions granted tor second Friday.
Bassford va. Gano.-Motion granted and reference
ordered
not allowed TO plaintiff on granting him favor.
Mitchell vs. WorreiL--M otion denied.
Smith vs.. CrandelL Motion denied, without costs.
Benjamin vs. Tracey.-Motion denied. Defendant
Hart vs. Levi; peviin vs. Martin; Taiman vs. Lacy;
Pike VS.. Parsops.--References ordered to compute.
Union Dime Savings institution VS.. Quackenbush.-
Reference granted to compute.
Woodhead va Golden.-rhere should be an order In
reading and fling the papers. The writ follows such
order.
Union Dime Savings Institution va Young.-Extra
allowance of $500 and judgment ordered.
United States Trust Company Va sturges. -Judg-
ment ordered.
New York Life Insurance Company VS.. Aud
Amendment granted
Do Mora W. Guilfoyie.-Amendment judgment
Defendants -
wilkens vs. Leyns.-Lct . proper order be drawn
Ahern vs. Smith.-A1idavit not sworn to and no
reason shown Tor granting the motion. Denied.
MCPeak q. kegan-NO cOBLB allowed.
Marshall va. MarshaiL-Commission ordered to W.
Hang VS. Koch-This order is inaccurate. Tho
judgment should not be marked secured on appeal,
but the specific property alone should be exempted.
Let the order be settled on notice
Nostrand Nostrand.-Thero is NO authority for q
compulsory reference IN such case; and further the
order to show does not comply with section $50
of the Code OF Remedial Justice. Motion denied.
Martinez vs. Martnez.-I way in view OF the
and interest tho mortago TO avoid the appoint
ment OF a receiver Mr. Mortimer Porter will there.
firm ha utpd q 0f n mr..
ties with instructions 10 apply the rents to tho kocp
ing down Of the liens &c . bond OF IL 900 will be
United States Lifo Insurance Company vs. Ingcr-
sol-The proposed answer II is conceded IS ho defence
against the plaintiff II MI Ingerso has any rights
against Donovan they should be enforced by inde.
pendent action and not by defence here with which
no other effect than 10 embarrass the foreclosure Mo-
ton Tor leave TO answer denied without costs, and
plaintiffs motion for Judgment granted.
Meeker VS. Brown-A stay Is granted, but time to
answer IL not sequitur from such an application.
For that there should be an independent motiou
affidavit OF merits Tor good cause shown.
Elwood Wright-rherc being no opposition to
the motion assume that the defendant comedies the
propricty OF a reference, and tho items be
numerous the motion granted, ana Is referred
Mr. l. H. Fuller 10 hear and determine.
Trubee vs. Alden:-The only ground upon which the
up by way OF counter claim had been legally released
which the plaintiff has Jailed 10 show, and II was ncr
duty have made that clear by proof aud not TO have
relied upon her mere reply.
Richards vs. wakeman.-Motion to change the place
dsendants stipuating to take the plaintiffs testimony
and that Of John K. Brewster any other witnesses
OF plaintiff Chambers this county In like manner
and with like effect II taken condt0nally, and to
present such testimony taken TO be read In evidence
upon the trial without objection Section 9S2 OF the
Code OF Remedial Justice enarges tho old provision
but does include such q as the present The
motion is however granted for the convenience OF wit
nessess and because the end Of justice will be best
subserved by trying the where the records
Randall VS.. Soctweil Motion denied, but without
costs.
McGraw vs. McGraw; Richards va. wakeman. Mo.
tons Denied with $40 costs.
Roscoe VS. Loye ct aLThe receiver should not be
punished for contempt He has only done his duty In
seeking protect the interest conhded TO his keeping
by the Court II is apparent that the money In ms
hands should not be applied to the purpose sought at
the present time The motion should oe denied, with
costs without prejudice, TO be renewed when
the receiver has funds In his hands applicable to the
Toes vs. The Excelsior as Machine Company.-Ths
application Ii denied.
BY Judge Lawrence
DeRuyter vs. Lombard; matter Of Ford--orders
granted.
By Judge Donohue.
Donohue vs. Cady; Tuska vs. Germania Insurance
mpany.-Motions denied.
People, &c, vs. The Erie Railroad Company De-
MED.
Grms vs. Davis-Motiop denied, without costs
Augur VS.. Rostan.-Denied, with lcave to renew.
Swift Tross.-Motion denied. Memorandum.
Percy VS. Chase.-Moton denied should be made In
Erie county. Memorandum.
Dinkespiei vs. Levy.-Motion granted. Memoran-
dunn
LIstman vs. Blaut.-order granted.
Emigrant Industrial Savings Bank va Gavin.-Ex-
ceptions sustained
SUPREME CoURT-sPEcIAL TERM
BY Judge Van Brunt.
Smith VS.. Weeds, &c.-Findings settled and signed
SUPREME COURT, CIRCUIr--PARr 3
BY Judge Van Brunl
ThauIe vs. KrekeIer; Thaule W. Frost and another =
Tho amendments agreed TO making tho case conform
to the minutes, the minutes may DO taken the
tied actions
SUPERIOR COURT GRNRRAI. TERM
Before Judges Sanford and Sedgwick.
Braguc Va Lord and another affirmed with
Fa.rchild vs. Lynch. Judgment reversed, new trial
ordered, with costs TO appellant 10 abide event. Opinion
by Judge Sedgwlck.
ordered for plaintiff on VERDICT cosn TO plaintiff
Opinion by Judge Sedswick
o'Suilivan VS.. Roberts - Judgment reversed, new
trial ordered, with costs 10 plantd to abide tho event
Opinion by Judge Sedgwick.
Before Chief Justice Gurus and Judges Sanford and
Freedman.
Rrzler vs. Tho World Mutual Life Insurance Com
pany. -Judsmcnt and order appealed from reversed,
trial ordered with costs to appellant abide the
event Opinion by Chief Justice Curtis and Judge San
lord.
from affirmed with costa opinion by Chisi Justice
Curtis and Judge freedman
Ross vs. Harden Exceptions sustained, verdict
set aside new trial granted with costs 70 defendant TO
abide event. Opinion by Chief Justice Curtis aud
judges freedman and Sanford.
Lay VS. Colgate. Judgment affirmed with costs.
OPINION by Judge Freedman
Carter and another Youngs Order affirmed with
costs OPINION by Judge Sanford.
Before Judges Freedman and Sanford
Cormier aud another vs.. Batty Judgment az
nrmed, with costs opinion by Judge SANFORD.
Before chef Justice Curtis and Judges Sedgwick and
Freedman.
vakman VS. Fcidman.-- Notion for rcargumcnt de-
MED; $40 costs.
Phyfe W. Carey and another. cptous over
ruled, and judgment ordered Tor painun on verdict
with costs
Griinth ana another vs. Mangnn. Judgment al
Armed, with costs. opnon by Judge SpcIr.
Lawrence o. al. vs. Gallagher and anotnor.-Excsp-