The New York herald., 1877-10-10
GENERAL TERM DECISIONS.

judges Davis Brady and Daniels, holding General
Term Of tho Supreme Court, yesterday handed down
seventeen opinions few OF them, however, any public
interest In the Of Matthew I. Brennan. sheriff
appellant against the Liverpool London and Globe
ln1rance Company, Judge Daniels gave the opinion.
In this case II would seem that H. b. Claln Co
mencsd suit against Z. I. Northmau, and an attach
ment was issued to plaintiff under which no attached
a claim arising policy Of insurance issued by de-
icndan,s the Qrm OF Northman q Co. Judgment was
recovered by them, execution was issued TO plaintiff
anu he brought this action o recover The claims seized
under the attachment. Alter this an assignee IN
bankruptcy was appointed Tor Norhman. He brought on
action Tennessee and recovered from defendants the
amount claimed TO be duo on the policy The dele
had the assignee made parry 70 tho suit and tue
piaintln appealed. Judge Daniels decides that the
assignee could not properly be made an additional
party AS the action was not Tor real personal prop
erty IN the ordinary sense aud the action can be de.
termned without injury TO tho rights OF The assignee
without his being made party Order reversed with
Costs as The section oil the code providing Tor tho
Substitution Of parties does not cover this case
Iu the case OF The People ex REL George Lake and
othors, discharged by the Fire Commissioners Tor
pedging their pay in advance, IT was decided by
the General Term yesterday on ccrtioraris TO re-
dismissed. ln the Of David Glossy and Sydney
ii. Conkin the proceedings affirmed, without
COSTS and In the case OF Lake win costs
In the suit OF Kent against the Quicksilver Mining
Company, which argued at the last General Term
oI the supfeme Court, and the particulars Of which
were published at the time, an opinion was rendered
yesterday affirming the judgment OF the Court below,
with costs. The opinion, however, not accessible
but the facts being already known the result is the
only point OF interest
INTERESTING LIFE INSURANCE CASE.
Tho case Of Julia Eberhardt against G. August
Schustcr came yesterday before Judge Barrett in
Supreme Court, Chambers Tho plaintiffs mother
Mary }. Schuster. died in 1896, leaving three
infant daughters, her lie beng insured for S. 900
in tho knickerbockcr Lilo Insurance Company
fnP or hor
executor OF the mothers wil and out OF the pro
ceeds oil the insurance supported maintaned and edu
Gated the childron. When tho planuf-the eldest
daughter--came OF ago. she commenced his SUIT,
sa'IDg Sayns 0nsnfd Sosn r,csys Of tho 'ssy $4,000
for her. The defendant answered that all the money
mad been expended IN The support, maintenance ana
education OF the children, and denied all the other
allegations OF the complaint Mr.. Hendrckson, tor
tue plainliii moved for Judgment the answer as
frivolous and in case thai notion was deniod thai
the answer be nado more definite anu certain. Judge
Barrett reminded plaintiffs counsel that tho answer
alleged sei-on aud dcnicd every allegation
OF the complaint inconsistent Herewith; that
the answer was definite, and he theroupon denied
paintiirs motion Colonel \. II. Cowdrey, for tho
defendant asked for costs OF the motion. MIR. len
not TO be obliged 10 pay COSTS, when Mr. Cowdroy
minded him tuat in a matter between tho Same par
ties, affecting the same interests. the defendant mad
been put 10 an expense exceeding 500 and had paid
his cos,s
THE COUNTS MISFORTUNES.
The case oil George tho Count Joannes against
Messrs Jarrett Palmer to recover some 81 400, an
alleged complimentary compensation for the perform
ance OF Rchard tho Third" Nblo's Garden in 1871
came yesterday to rather ingorous conclusion be-
fore Judge Sanford In the Superior Court. II seoms
ha; last spring, when tho case was first otcea tor
trh, portions OF the Counts complaint were stricken
out " hr. Benjamin y. Russell as redundant
and irrelevant Notwithstanding lh. little rebuff tho
Case was placed ON the calendar tue fall term ana
noticed Tor ,ral yesterday before Judge SANFORD Mr.
benJain =. russell, VINO represented Mcssrs. jarrett
Palmer, appeared promptly In court but the count
was noiccabiy absent When Judge sanford called tho
case Mr. hussei arose IRON his anu said II am
ready.' NO one appearing behalf OF the noble
plaintiff ihe Judge asked, "Wnat do you want 10 do
about ~
Mr.. Russeil--l ask Tor dismissal 81 the compla MT
the ground OF the non-appearance OF the plaintiff
aud on the further ground thai was merit IN
the action.
Jud2e Sanford granted tho motion, allowing costs.