The New York herald., 1877-01-05
MATRIMONIAL M1sER1Es.

Judge McCue in Brooklyn yesterday rendered his
decsion tho action for divorce last year
by Noycs n. Palmer against his wife, Rachel T. Palmer.
Tho plaintiff, who is president OF the Maple Grove
Cemetery, accused his wo OF adultery with one A.
Graham, OF WILLIAMSBURG The case was referred
when 1t up for trial before the City Court,
referee hear Testimony ana determine. When the
evidence was all In Tor the plaintiff the counsel for tho
lady, holding that the husband had Jailed to make
bis refused ~ call witnesses The referee
ported 10 The Court in favor OF tho plaintiff Argument
vas heard by Judge Mc.uc lew days ago upon the
opposition counsel for the defendant to The con-
hrmaion OF the report OF the ref,ree 1t was held by
The co. pse Tor Mr. Palmer that the Court coud
tcricrc in the case. Judge McCuc in his decision
Bays-
satisfied that judgment he divorce
ground edutery the report a referee without
.ppicaon TO the Court The report may form bnSis of
tie but constitute in itself the judg
meit the Hnrt. ancock Hancock. ~ " u, 56S)
The has right review the decision aud
to refuse i,s consent TO an entry OF ndament H. in the
opinion the Judge presiding the testimony Is not sif
sie Mt to warrant decree.
Tho defendant, who is a very respectable and pre-
possessing lady, is about thiry-hrcc OF age She
denies the allegation OF the pianti and says that the
charge ~ u conspiracy to nJufc her.
The referee whom referred the action brought
by Mary Habert against Albert Halbcrt, her husband
Tor absolute divorce. yesterday reported favor OF
INC plainti; Judge Mccuc GRANTED me Decree which
gives Mrs. iialber tue rgnt To marry again. she also
retains the custody OF their child, who Is nvc years
old. on the examination before the referee II was
shown that the dcicndan who IS only w, nty three
years OF age and who Is employed clerk in store
IN this city, had been Intimately acquainted with one
Daisy Ward. and large batch OF silly amatory
sp.sles which had passed between them constituted
part OF the evidence against hun.
IMPORTANT REAL ESTATE CASE.
In February last Marks Rinaldo entered into con.
tract with Frederick Hausmann to sell No. 324 Henry
street Tor s26 coo subject 900 mortgage. 1t
arranged that the title should pass the Office Of
Mossrs. Jacobs & Sink. There was at the time the
eonf ruct m 10 n frs nj
and second mortgage for $4,000 Oh the property
which still remained at the time the title bc
delivered. Both OF the mortgages appeared at
Mrssrs Jacobs Il Sinks Office tho tirne specified
Tnc second ortgagce had his satisfaction piece
cuicd and ready to deliver, aud the FIRST mortgage
was then ready to draw satisfaction piece TO deliver
and the mortgage OF 80 900 drawn up. Mr. Hausmann
re- used accept title the ground OF the
mortgages, and would not accept the offer Of the
mor gaeccs 10 cancel lhcm SUIT was accordingly
begun 10 compel u specific performance OF that
epec'a Term OF The Court ol Common reas. in Novcm-
bcv lHst The deicndant relied on the OF Morangc
"a Morris, IN third OF kcyes, Is The plaintn
On the OF HIncklcy Smith IN 5l New York, II,
and that the proof showed that all The did
. refuse TO take no title Messrs Jacobs & Sink
onpemrcd Tor the paintif Mcssrs. culver Wright for
6sisndanl ana ex.Judgc Cardozo of counsel
q Judge Van BruDt yesterday rendered the following
decIslon beng on the important real alto
decisions that mas been gwen IN The courts Il long
umc:-
am aware that the Language Of the Cour, In the
defcndanis position IN this Tho Court say that
ssit is the duiy Of the seller 10 have the mortgages
discharged before the time arrived which nc sup
4 mated convey" The laying down of n
~ nciplc not necessary 10 decision vi that
Xhc case llnckey VS. smith, 81 New York. II, Is
much later authority, AMI y IN direct conflict upon
3bts point with the ease vi Mofangc Morris. he
Il nasc Of ipc.lcy smith lays down the rulc that
fhc seller mus. be In position at the
6sinc lie Is To convey aud upon tho receipt
>of The purchase price 10 deliver Just The tiic
vhch he has agreed TO convey In the case now Vt
|<bar the evidence shows that IL The defendant nad
*6hOwn any nclinaliOn TO take the titlc there would
have been delivered TO MIN simultaneously with the
oayment OF the purchase price satisfacon pieces OF
1hc NOR cages about which complaint Is now made.
1o ihInk that purchaser can require more than
ehat shall receive when he psrts win bis money,
6ecd conveying The premises TO him. together with
eojcoscs ol All claims which he has not assumed. am
~ he opinion therefore that the plan, having been
position have sat isactlon pieces OF thus mort
~n.c delivered To The defendant simultaneously with
~ nay rncnt OF hs purchase money has done oil he
- required to do, and Is entitled to decree for
-rcciuc performance Judgment accordingly, with
HITS OF RAILROAD TRAVELLERS.
6av. 1875, Jonn Kelsey resident Of New York,
Aasst ngcr on n car oil tho Pennsylvania Railroad
v travelling from Un'ontowr. N. j., TO New
Tic Same State. While on tho route Kelsey
ntsd from tho cars by tho conductor on the