The New York herald., 1877-10-25


grant lease from the city OF wharfage accrung
IRON sosseis living al pier As II the city own the
bukhs.< TINS lease would seem 10 carry right 10
wharfage in one half OF the slip front OF that bulk
head. IL defendants arc exclusively entitled TO tho
use OF the whole bulkhead for wharfage prr-
poses their right 10 the occupation oil the waters in
front OF II could not be abridged by grant from the
city TO another party OF the right 10 wharfage OF pier
as No inquiry into the question Of title rs proper
Ii there BE- agreement, express implied, TO pay
wharfage. the action must iail and no such agree
ment proven. Judge Daily, therefore, gratis tho
motion to dismiss the complaint
IMPORTANT TO MERCHANTS.
In September last the 6rm OF Bamberg, Hill 4 Co.,
by their attorneys, Ncssrs Hart Il Bamberger, CON-
mcnced an against Jacob Stern, OF Norwich,
Conn.,, TO recover $500. the value OF goods sold by
the firm Stern. An order Of also granted
by Judge Sinnott, an affidavit OF oil the men,
OF the firm, setting forth that Stern had made
tain statements with reference 10 his pecuniary
sponsibity which were untrue. motion TO vacate
the arrest WAS denied by Judge McAdam, and defend
ants attorney appealed to the General Term, which
affirmed the decision OF the Special Term. Judg'
ment TOR tho iul amount claimed, with costa,
was rcnoered in favor OF plaintiffs at about
the time when defendant Gled his petition In bank
ruptcy Counsel defendant yesterday moved before
Judge McAdam, for an order perpstually enjolnng
paint tits attorneys from issuing execution. IL
claimed on behalf OF defendant that tho discharge IN
bankruptcy wiped out plaintiffs deD and that plain
tins were Obliged 10 accept the twenty-five per cent
offered by the bankrupt IN composition OF his debs
that the debt for which judgment had been rendered
MAS sounding 10 fraud, and that, although the
Of arrest formed part of the judgment
rolls and was conclusive against tho granting OF
defendants applications that The Bankruptcy act
should not be affected by discharge In bankruptcy,
and that the defendant mad been guilty OF iscaes IN
allowing the matter TO sumbcr until plaintiffs had
prepared 10 issue execution aud then come into The
State Court ana ask II to stuly Ills own judgment.
The argument OF counsel was long and technical, ana
m
Judge NcAdam ordered tho counsel TO exchange briefs
by tomorrow, and intimated that his decision would
be given next Monday.
MORE MARITAL UNPLEASANTNESS
Marccine Rosine Noel has brought suit Tor limited
divorce against her husband, Prospect Alexis Noel.
The complaint states that they were married on the
18th Of June, 1866, in tho city of Ramboulct, In the
Departments OF tho Seine and Oise. in the then En-
pire but now Republic, OF France; that they have
since resided in this State; that the defendant
their marriage, has treated her IN cruel aud inhu-
man manner; that bc Is a man Of ungovernable tenn
per, and frequently threatened to take her nic that
on different occasions he chokcd her, ana, she be-
leves would have killed her, If frends had not inter-
violently and that his whole course toward her has
been OF UNIFORM cruelty She states further, that
the defendant abandoned her on the 18th OF ast May,
has since refused TO live with her or support her
that they have Two children, aged i've ana nnc years
respectively; that he carns about $40 week
and Is fully able support his family. Tho
case came before Judge Van Brunt, in the
Court OF Common Pleas, time ago, order to
show why amony ana counsel feo should not bo
puid TO the plaintiff pending the action In her affidavit
annexed to the petition Mrs Noel says that after the
defendant separated from her he her OF the
house owned by Them Jointly that nc was arrested and
ordered by district court judge " pay her 50 a
week for ner support; tnat since that time ho has
abused her and urged her 70 commit suicide ana has
shown 4 determination not TO support her; that when
she was married. TO tue defendant she was possessed
OF the sum oi 270O0i, while the defendant had nutn-
ing; that OF lheir children with the Sis
lers ST. Francis Roman Cathonc hospital and is
eutIrely dependent on their charity that the othor
child lives with her. aud that both supported by
the charity OF friends. No papers the other side
appear aud Judge Van Brunt still has the matter under
cor