The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-27
THE COURTS.
Important Supreme Court General
Term Decisions
RUNNING A RECEIvERsH1P
Something in a Name-The
Luckey Estate.
EUGENE SUES HALF-sISTERs.

The Supreme Court, 6onoIai leIm, Oo'sA ss7s'S~
Davis and judges Brady and Daniels on the bench.
Anmned up yesterday tho business OF tho term, ana
then adjourned until the 6rst Monday in March
During the month they have heard arguments In an
unusual number Of cases and will ind their time pretty
veil occupied the coming month In writing op'n'
ions in these cases Previous to adjournment batch
OF decisions handed down Of cases argued a. inc
last term Of the Court None Of the cases are OF very
spcc,ai public interest Some Of the points In the
more important gwen below.
A case of importance TO banks Is the decision given
IN tho suit brought by the National Broadway Bank
aea,ust George Milor TO recover $9l2 ST. credited by
mistake to James Miller both OF these gentlemen
keeping an account at tho Same time In the bank II
was set up by the defendant who drew out tho amount
on checks that he was not aware Of the mistake in
giving him q wrongful credit Soon after dis.
covering tho mistake he was arrested and
the case came before this Court on nm
appeal from order vacatng the order OF arrest
Judge Daniels who gives the decision OF the Court
writes quito an elaborate opinion In the course O.
bis opinion be says that "tO determine what Is prob
sble in cases this description all tho facts must be
carefully considered. They are OF class which seek
eopcenlment and Efforts usually made to obscure
their actual The devices and articles rosor!ed
w TOR that purpose Of frequent occurrence and
responsible duty Of courts OF justice consists IN un
ravelltuR Them and discovering through them tho
probable truth OF the cases That always requires
earefui consideration Of the authenticated circam-
stances. and when they point 70 the existence OF
jrsudulen; Intent with reasonable degree OF crimi-
naliy the denial OF by the party implicated cannot
ou,red TO be established beyond doubt by the clear
est proof II the difficulties placed In the way
Of The detection OF fraud would usually secure .
fair, . convincing preponderance OF evidence upon
shesc grounds the order vacatng tho order OF arrest
Next IN importance IL q decision given In suit
brought by tho Harlem Bank against Alfred Todd,
tho main point involved bong Judicial interpreta-
ton OF the duties devoving upon referees In prcpar
ting their reports to avoid giving any basis OF CON-
p.ns o. Or O oher rs question =. IL
the suit the genuneness OF the deenaants sigma
turc TO promssory note, the referee reported n IN
was spurious. An appeal was taken from An order
setting aside such report and on such appeal the mat
Ter came before this Court. The plaintiffs attorney
swore that the defendants attorney informed him after
the report been submitted that the relereo had be-
come convinced that the signature in question was
forged one from an examination Of genuine and forged
signatures made subsequent 10 taking the evidence IN
the This attorney further swore that the referees
report was in the hand writing OF one OF the defendans
attorneys. These allegations, however, were DC.
MED. Judge Daniels, who writes the opinion,
sayg that tho srcferee doubtless, acted in good faith
and very likely reached correct conclusions in the
case but the proper administration OF justice requires
judicial tribunals shall not subject themselves
10 the contact OF PROBABLE Influences extraneous TO
the evidence which may influence their determination
israon OF the law that report assailed this has
been should aside than that the enter
upon minute investigation OF the probabilities Tor the
purpose OF aiding that result The difficulty Of ascer-
tanning the existence OF friendly influences IS SUCH,
sven for the person who may be affected by them,
Ibat judicial officers and their proceedings should DO
expected to carefully avoid their appearance"
For the order setting aside the referees
report Is affirmed.
Two decisions were gwen IN suits brought against
The city In the first Case ths being the suit brought
by William A. Leaver, as collector Of the late John !.
Brown street contractor, IN appeal was taken from
judgment recovered on verdict OF jury and from
an order denying q motion for new trial II was
claimed the trial for the defence that the contract
In question, which was0r filing in certain streets In
she city, was not legal, and that the work was i'm:
properly done. trial is ordered on the ground
that certain statutary requirements complied
with In regard to the giving OF tho contract Tho
next In the suit OF Harris Wines 70 recover
difference OF salary fixed by tho Board OF Supervisors
FOR services Marine Court attendant In the Court
below = verdict was gwen in his favor An appeal
was taken behalf Of the city and motion made for
new trial The Court refuses both applications and
afBrms the judgment OF the Court below.
Another decision given by the Court should act as
saIutury lesson to married women respect mort
gazing their personal property to secure debt con-
tracted by thor husbands. Mrs. Alice j. Adm gave
mortgage on property belonging TO herself as security
for a loan to her husband Mr. George J. Dorsey, who
loaned the money, threatened to ioreeose The case
was carried on appeal this Court which dceides
Chief Justice Davis writing tho opinion, shat the wife
cannot now absove herself from the responsibility she
assumed in giving the mortgage. An injunction pro-
hibtInc the foreclosure is therefore dissolved which
SLOWS the defendant to go and oreclosc.
Mr. Valentine L. Lang. receiver Of the New York
against he National Trust Company to restrain 1t from
tlsposlng OF $5O,000 worth OF bonds deposited ms
security for q loan OF S25 900. The up on
an appeal from IN order continuing the injunction
This order s now reversed which leaves tho trial Of
the Issues by q jury.
LUCK FOR THE LUCKEYS.
Nearly twenty-five years ago, when tho present site
" the grammar school, on Thrtyscventh street,
second avenue, selected by the Board OF Educa-
ION as the most available site for the public
enool building there some question as to whether
good title could be given for q portion OF the land