The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-08
DECISIONS.
SUPREME couRT-cHAMBKRs.

DECISIONS.
SUPREME coURr-cHAMBHRs.
BY Judge Lawrence.
Cutler VS. Kohn-The plaintiff sues in his represen-
tative capacity rs of Schlerfer Moler and
the defendant denies all knowledge and Information
suicicnt form belief the plainti appointment
such receiver 1t 10 material 10 the pianh TO provo
that he such receiver or he has no standing In court
do not think that be said TO be frivolous Tho
would appear to be proper case for tho SPECIAL
Circuit calendar Motion denied, without costs.
stockton VS. Finey.-This case cannot in my opinion
DO tried in an hour tho motion TO place 1t on the
Special Circuit calendar is therefore Denied without
costs.
Fitch vs. Van Dcveer.-This motion is denied on the
ground that Is stated IN the many ahidavis
why the judgment should be marked secured on ap.
real except that the usual undertaking has been
executed II tho appellants counsel rs right In his
position in every which the undertaking Is given
the making OF the judgment secured would follow
matter OF Such was not the intention OF the
Legislature nor the meaning OF the Code SEQ the
remarks OF Mr.. Justice Brady on this subject In
Orchard VS.. Bumjer, Abbt N. s. $685. Motion denied,
Will costs OF motion
wish he further informed as to the PROBABLE value
OF The personal property which II Is proposed to SEX
There is no objection to allowing tho receiver 70 sc
tho bad debts
Costello vs. Crotty.-As this matter has been Lott so
long, see no reason for granting an order TO show
cause besides no reason Is stated Tor suca an orde
See rule Al.
Butter vs. Haight-The consent is not signed by the
all the parties this action and rule "a
Therefore prohibits tho appointment Of tho referee
asked Tor.
slon to the motion, and it appearing that the case
only became issue the amended pleadings which
Us the this notice OF notion am inclined to
allow The commission to ISSUE, and also 10 grant u
stay OF sixty days on payment OF costs OF reference
to date and costs OF motion. II II should be made to
appear that there Is any danger OF tie paintii's
losing their debt further terms Will be imposed
Gcrmania savings Bank VS. weber.-rhe affidavit
pute the amount due was served upon Mr.. Ray, the
defendants attorney. lsce RammanoIit, Feb o.
1871 rhis dispUses OF the FIRST objection. Mr. Ray
admitted service of The notice OF motion Tor JUG
mcnt Having made default IN not answering after
service OF the summons and comp amt upon hum, the
defendant Is not entitled to service OF copies OF a ths
papers contained IN the proposed judgment under
rule u The motion for Judgment Is granted,
Martin VS.. Nunan; Atkinson Va. Weaver; McNiH vs.
Caner,y Weeks VS.. Gregory.-Granted
Mosbach 0he; Adams VS. Cappardachi -Orders
granted
Manhattan Life Insurance company VS.. Phillips mo.
u; VS. Same mo. y; Same VS., Rowe; Same VS..
Hoffman; same VS.. Wlnsor-Ordcr granting confirm
ing report OF sale.
Bait W.. Schwarz Memorandum.
Purdy VS. Mason-I do not think that this affidavit
Is sufficient.
Van Radcn vs.. Asten; Sun Printing and Publishing
Association vs. Arnold Orders granted.
Anderson vs. President NJ. and q. of DEL, H. G. Co..
Wainwright w. Reed 4, 2 and 81. Granted.
Bv Judge Barrett
Zychlinski vs. SchierecK.-l have gone over these
adavils carefully but without feeling satisfied as to
truth fasiiy OF what is stated by tho various
afidavs think there Is enough to warrant the grant
ing OF leave TO and That accordingly granted
Upon the question which thcrcupon arose "a to whether
The order Of arrest should be vacated, think there
should be reference, and the atlantis are Gcrmans
to some lawyers who speak their language the Wit
then be crossexamncd ana tue referee can
report with his OPINION based thereon we'll as from
Ing the witnesses Referred accordingly TO Ferdinand
Kurzman. The referee to proceed on two days no.
tcc the motion to be brought up on the Referees
report and opinion with the proof two days. notice
Linz vs. Hausmann. -Motion Is Denied with $40
costs.
COLES, Jr.. VS.. Trow City Directory Company.-The
plaintiff may take I'M Junction restraining the carry
ing effect OF the resolution OF January 9, 1871 as
TO executive committee or otherwise preventing
plaintiff from exercising his rights as trustee. Tho
application in all OF her respects must be Denied Tho
effect was TO prevent lar but unfair competition
court of equity should not interfere certainly not
by preliminary niuncon) with mn effort to put
stop to gross underseiIng rendered possibly by not
paying lin substance) Tor the commodity. This 10
really what 1t amounts to, and 1t would be simply sui
cidai for the defendant to stand idly by and permit
such practices to continue.
SUPREME coURr-sPECIAL Term.
BY Judge Van Worst
Belts &C., vs. Belts and othcrs-Motion denied
Memorandum
Ludngton VS. slauson ct al. Findings of fact, &C.,
sc tiled.
SUPERIOR coURT--sPEcIAL TERM.
by Judge Freedman.
Knapp VS. Roche.-Sce memorandum.
Hggcnbotham vs. De Wittc.--Motion denied, with
$40 costs
Grocsbeck Va vandcrpool.- granted and
undertaking approved.
SarIcrt vs. Hoppe ct al Johnson vs. Hoppe OF al
Undertakings approved
Johnson Hcppc.--Ordcr dischargng attachment
Same vs. Slme.--Same order.
Rush, Jr. VS.. Lyles ct al.-Order for commission.
Phylc vs.. acknowledgement Tor plaIntin on de-
murrcr with leave to defendant 10 answer on payment
OF costs
BY Judge Sedewick.
The Congregation Chcbra Mlkra Kodesh Va Titus
ct al-Ordcr settled
BY Judge Freedman.
cummns vs. The Third Avenue Railroad Company
Johnston vs. armstrong CT al Mckenna vs. Crosby
e. AL raumcnbcrg VS. Gatz; Andrews W.. Tho Me-
chanics AID Traders Nalona Bank; Murphy vs.
Decker. and rhe Western Union Telegraph Company
vs.. Harrington ct .-Orders granted.
COMMON pLEAs--sPEcIAL TERM.
BY Judge Larrcmorc.
Matter of Jones. Lien renewed.
Csuft VS.. Fmnagan.-judgmcnt Tor plaintiff, with
allowance Of 1882 %
Lynch vs.. Ocnc.-Judgmcnt OF foreclosure and sale.
Matter OF Redmond McArdcl and HornwelI.-
Granted
by Judge Robinson
Agate VS.. Locwcns,en. The proposed amendments
contemplate change IN the bill Of exceptions as pro-
posed after settlement OF the case. To effect this
motion must be made excusng the omission and per-
haps the default or depial.by order since made
BY Judge Van Brunt.
Scbott VS.. Wright Findings settled.
James VS.. BurchcL--Casc settled.
MARINE coURT--cHAMBEBs
BY Judge McAdam.
Hal VS. 1emplelon; Tcnnent VS. stoutcnburgh =
Opinions fled
Inurbcr Sourin: Reid We. kcilcy-Motions to
vacac arrests denrd.
kuppcr vs. Purcell The mo,iun Is premature;
denied. with leave 70 renew. No costs.
hohn vs. HockstaJer --Delauu opened on payment
witnin days oi $40 lee and 10 costs OF mo-
tiou, ana be tried on l2tn INST ~ Part l.
smith VS.. Roberts Motion dcuicd, without COSTS.
Turner VS. Hampton. --Record amended
Meyer VS.. Lucka Answer ordered on Tile
Schuh ". sauer: Hams VS.. THEY Peters VS. Delhi:
HARRISON VS.. Davis; Tuito VS. Marvin; Wilson vs..
Kochlcr; Harris vs. Lcz'nsky; Glover VS. zmmcr.