The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-12-20
THE COURTS.
Skilful SnbterfugeS Of Counsel 10 Keep Cases
on the Short Calendar.
THE SEWING MACHINE AGENT.
Another Unfortunate Victim OF the Fourth
Avenue Excavation.

Avenue Excavation.
There is rule existing In all courts Of record that
where an action is brought on contract and the de-
fendant merely denies the indebtedness and the
can DO tried in ono hour, the plaintiff, upon applica-
ton to the Court, have the case advanced upon
the calendar, which Is known tho 'short" "rail
road' calendar held every Friday during the OF
the Court In order to avoid being raroadcd
In this manner long and mplicated often
nsrposed by adroit lawyers. for the purpose Of OBJ
tanning az much delay possible for their clients
case alleged to be OF this character before Mr.
Chief Justice Shea, holding Marine Court, Chambers,
IN an action brought by Abraham Henry
sons. Mr. Henry i penson nude s' tho ' app.
cation on the part OF the plainuI to
contained very lengthy defence. After stating that
the action was brought 10 recover commissions due
tho plaintiff counsel stated that If tho length OF the
answer was criterion TO go by, IN most cases parties
would be deprived OF speedy trial, Notwithstanding
tho existence OF the rue In question. Counsel then
took up the answer and showed wherein the facts
forth constituted defence to the Counsel Tor
defendant claimed TINT the that
should be advanced for tho reason that his client
resided California. Chief Justice Shea ut onco
rruntcd the motion, In order, he said that the Cal.
forna client might have chance TO bc present at the
hiai.
SEWING MACHINE COMMISSIONS.
Tho instalment contracts for tho sale OF sewing
machines have been the source OF much litigation in
the courts. These ntgations have hitherto beon be-
tween the companies and their agents on one side
ana tho purchasers the other. 1t seems now that
Tho companies and their agents have got quarreling
the rule which shall govern tho payment OF
commissions. The companies have heretofore in
sisted on paying comm issions only the amount Of
instruments received by them. Thomas NJ Connaugh.
Ion, IN agent Of tho Singer Machine Company,
insisted the payment OF his commissions as soon
tho company resisted, and the result suit in the
Marine Court between parties to recover commas
SONS which Mr.. Connaughton CLAIMED be due him.
he suit was sent to roeroc, where 1t now pend
ing, Mr.. Henry c. Donison representing the plaintiff
ami MT X. T. b. Easton the defendant Tho case Ia
one the result OF which must necessarily interest
many companies and their agents.
TIE FOURTH AVENUE EXCAVATION.
On tho night OF the 18th OF Juno, 1874, Michael
McKegney, in crossing Fourth avenue at Eighty.
eighth street, fell into the excavation then being
made for tho so-called Fourth avenue Improvement
and sustained injuries which, he alleges laid him up
for eight weeks, and IRON which he has yet fully
recovered He alleges further that there pro-
Lection 10 prevent pedestrians falling In and lights
He brought SUIT against Dillon Clyde Co., the con-
tractors claiming 5000 damages At the trial OF tho
case yesterday before Judge Donohue the defence
was general DENIAL OF the averments in The
plant. Al the conclusion OF the testimony for
on the ground that the SUIT brought against I'M
proper parties the subcontractors, Ii any one being
TO examine more fully casa. Messrs Devclin
and Miller appeared tor the plaintiff, and Alexander
ThQin Tor the detendnnts tsaa.
DOCTOR WALKER DISCHARGED.
Upon petition Of George W. McAdann, his attorney,
D.. Walker was yesterday taken before Judge Brady
and his discharge on habeas corpus asked on the
grounds that the warrant Of commitm illegal
its face In that did not specify the duration OF
his imprisonment; that tho police court had juris-
diction to maintain the proceedings tor
when another action was pending IN the supreme
Court between the same parties Tor the same
Court Major Soan ON one bsnn o
the Com nssioners OF Charities aud Correction was
compelled 10 admit on tho argument OF the motion
that its face the commitment illegal. and Judge
Brady thercupon discharged The prisoner. The Doctor
newiH be remembered, was arrested a charge Of
abandoning his wie and refusal TO pay $50 week tor
her support.
~ SUMMARY OF LAW CASES.
Owing to Judge Brady still being engaged in the
trial Of Dr. Lambert IN the Court OF oyer and Ter
miner, the calling OF the Supreme Court Chambers
calendar had be again postponed yesterday until to-
day.
Judge Benedict, in the criminal branch OF the United
statos Circuit Court yesterday, sentenced Michael
Lyons to Six months' Imprisonment Tho crime OF
Michael was running still without license.
The suit brought by George Ebbonhoescn against
tho Worth Club the value Of furniture sold
TO tho club resulted before Judge Van Hossen in tho
Court OF Common Pleas yesterday, in dismissal OF
The complaint.
Judge Benedict has notified General Foster Assistant
United States District Attorney, that his decision
me application Tor now trial In favor OF the
victed slk smuggiers, Graf and owen Will probably
ant be rendered until aftor the holidays.
In tho Duncan Will case, already reported In the
HERALD Surrogate Calvin rendered decision yester.
day opening the probate. IL appeared that citation
minariy to the granting Of letters OF administration
10 tue WIDOW was addressed 10 stephen Duncan in
stead OF s. ephen B. Duncan.
In tho suit brought by Mrs. Julia Tapahan against
the Fire Commissioners for damages account OF tho
killing OF her husband, through The falling OF a nre
telegraph pole while he engaged In repairing it,
tho facts Of which have been puDiishcd Judge Dono-
hue yesterday, be4re whom The case tried, al
rected dismissal OF tho complaint The ground OF
the was contrbutive negligence the part
tho deceased. 80 II
tJohn Il. Walsh brought a suit against tho German
Savings Bank to recover money claimed to have been
deposited in tho bank. Ho claims to have deposited
$4,000 on the 10Th OF June last and $4,000 the 29tn
oil tho month. The bank admitted receiving the
So 0UO but claimed that Walsh mistaken 10 hav
in made the So deposits and the jury before Judge
Freedman, SO found. Messrs Scudder u Black APP
peared Tor the plaintiff. and Messrs sigismund Kau
mann and Louis Lander for the defendant
Benjamin Epslein, u tailor. sued Pncus Levy, an
cxpressman 10 recover 81 900 damages tor SANDER
The case was on the calendar oil the Marine Court Tor
triai when defendant concluded to retract and apollo
glze This he did, and IN Part OF the Court yester
day plaintiff assentod to an order that the SUIT dis
continued without costs to either party Judge Nc
Adam directed the order to be entered
James Rooney was to have appeared before United |
States Commissioner Osborn yesterday 10 renew his
bail In the sum Of $500 10 abide the action OF the
Grand Jury on charge made against him OF having
run Illicit still. He appear but sent 10 tho
Commissioner an apology for MS absence, fol- |
l0ws:-"This Is TO certify that am attending jane
Rooney at his home. No 54S West Fifysccond street,
and no 10 unable 70 leave his bed, with innammatory
rheumatism" The certificate was satisfactory.
The trial OF the suit brought by John Manning
against Carl II. Schultz was continued yesterday In
Part oil the Supreme Court, before Judge Van Brunt
and jury. The testimony for the defence having |
oeen concluded plaintiffs counsel IN rcbuttal, OK
amined tho physicians who testified his behalf on
Tuesday, after winch Mr. Colhrcn summed up OH bo-
halt OF the defendant and Mr. Courtney for the PLAIN
TN. During the plaintiffs summing up Mr.. Spoilissy
read from Erchsen's 'Scienco and Art oil Surgery