The New York herald., 1877-02-01
DECISIONS.
SUPREME counr--cHAMDEns.

DECISIONS.
SUPREME couRT--cHAMDERs.
BY Judge Donohue
In the matter Of Brook avenue Iiecker and others
vs. ueckcr and othcrs In the matter oil Brook avenue;
In the matter OF Harlem aud Spuytcn Duyvii Navlea-
ton Company; IN tho matter OF Matilda and Louisa
Fsckncr; IN tho matter ot the shaor Farm OIL Com
Moran Brown; sternc VS.. United States Peat
Fnel Company.-Motons granted.
Gray VS.. Green.--Ordcr granted.
Anory vs. Kely, &c. in tho matter OF Backus;
Odel vs.. .Harrison.-Mcmorandums. II
Smith vs. GpyatI tI--Motion granted Memorandum.
Earle VS. liyrne; Tohcr va MotL--Aotons denied.
Mcnorandums
Doll va lnucss.-Mo,ion granted on payment OF $40
costs.
Downs VS. Browne.-Motior denied. with costs
oraidum.
In Tho matter Of wesh-Application denied
Basch vs. Basch. Il not satisfied with tho evi-
dcncc. must deny the application.
Core vs. Ford and otherx--Moton 10 confirm report
granted Memorandum.
Huntoon W. Clapp-PaintiG should have the stay
OF ten days asked Tor.
Plummer VS.. Beiden. II am or the opinion that tho
motion u vacato the order oi arrest should be denied
IL does not appear TO be forced construction OF the
complaint TO hold that tho cause OF action stated
theron Is for tho evil sustained by the deceit prac
tised by tho defendant Beldon acting In his own be-
half and also on behalf oil his alleged copartners Tho
allegation regard tho giving and ndorsng OF tho
promissory note does not appear TO bo stated dis
inct and substantive cause OF action. 1t evidently
designed by the peader show the history and prog
ross oil the alleged fraud OF tho defendants and should
been mad and verdict rendered Notion denied. with
costs.
In the matter Of Hatch VS.. Tue Farmers Loan and
Trust Company and olhers.--Motion Tor mandamus
denied with $40 costs. Opinion
Watson vs. Tho Harlem and New York Navigation
Company.-Moton to continue injunction IS granted,
with COSTS Opinion.
BY Judge Donohue
In the matter OF Graham Must DO referred.
Sperber VS.. Sperber er-Undertakng approved.
Sttz vs.. Green; Shook KeyseT; in the matter OF
Morris; Firth Strauss ana ohers Orders granted.
Murtha ct al Robins vs.. Bernhard.-GranIcd.
Schullon vs.. GIL Il wish TO see counsel
Rothenuurg vs. Smith.-Memorandum
Fricdlein VS.. Kreigcr ct a. Order rcsettled.
SUPREME COURT cIRcUIT--PART 3.
BY Judge Donohue.
Tho Norwalk Iron Works vs. Waring Rock Drill Com
pany.--Sotted
SUPREME COURT-CHAMDERS.
BY Judge Barrett.
Equitable Life Insurance Company VS.. Schcrmcr-
horn.-Motion must be denied, with $40 COSTS. Memo
rundun.
SUPREME COURT. cIRcUIr-PARr 2.
BY Judge Barrett.
Drscoll vs.. The Mayor. &c.-I think there sum-
cient evidence to justify tho submission the Jury Of
the question whether tho hole was the cause OF tho
fall also as TO whether there was contributing negl
genco all tho facts aud tho Inference 10 be drawn
therefrom. The motion for new trial must be denicd
with costs
SUPREME CoURT-sPECIAL TERM.
BY Judge Barrett
Duryca Vs. Ackermau; Slevin vs.. Pollock; Forster
VS.. Apgerine; Phelan Larkn ct al Bernhard vs.
McCarthy.-Opinions.
David vs.. Casey and others Judgment for tho
plaintiff, with costs
Devla vs. shannon.-I desire a copy Of the stenog
rapher's notes IN this case
BY Judge Van Vorst
Uh, &c. VS.. Scharnberg and others; Uh &C. vs.
ions.
By Judge Lawrence
Vunderhoef va Tucker.-Memorandum for counsel
Guinness VS.. The Mayor, &c.--Opinon.
Bernhemer OF aL vs. Willis &c.--The motion for
judgment is denied, with $40 costs Memorandum.
SUPERIOR COURT-spECIAL TERM.
by Judge SpeE
Dusenbury vs. Hyler.-rhe defendants counsel may
have an allowance oi 500 IN this case.
Zischotki W. Gunther-Threo per cent allowance ON
Conner w. Gottbcrg. Amendments settled.
winn w. Crosby, &c Motion that plaintiff have
judgment denied Memorandum.
Thorb Va Griswold ct aL-The plaintiff must have
judgment continuing tho injunction order until n
breach OF tho mortgage or until the further order Of
Kelley, &c.. vs. Duscnbury.--I have carefully cxam-
ned tho points presented by the counsel for the PLAIN
tis his reargument of tho relating 10 proceed
ings under Stilwcll act, and for
changing the views heretofore expressed The motion
must be denied, with costs.
Laughtou OF a. Va Perkins Order modified so that
tho costs abide tho event OF the action
Bernheimer VS. Loorven.-Ordor for further bill of
DAILY vs. French. ct aL-Ordor OF reference to John
" B Lewis.
Dugan VS.. Caaghan.-Judgment for plaintiff for
amount claimed
COMMON PLEAs--CHAMBERs.
BY Judge J. +. Daily
Bradhurst VS.. Lews-This motion may stand over
until February 2S 1877 await decision OF the matter
pending IN the Court OF Appeals.
Easton vs. Malavage. denied. Sec opinion
Andrews We. Farley and another Motion granted
unless plaintiff bring cause TO trial In February term.
Luxton vs. Howe Machine Company. Security re-
duced 10 $500. SEQ opinion.
BY Judge Van Hooscn.
Masters vs. The Equitable Lie Insurance Com
pany.--Order rcsettled.
Winship va Torrey.-Ordor signed
MARINE coUEr-CHAMBERa
BY Judge McAdam.
Babbiu vs. Peters; Wdacki vs. Gcrmana Firo In
surancc Compnny.-Opinons filed.
Schwartz VS. BclmonL-Moon for judgment denied.
dcred on short calendar
Jackson VS.. shcpherd.-Attachment against person
granted. no Abb. N. $. ~
Gilbert VS.. spiro SEQ judgment on papers
Archer vs.. l.avcrty.-"Ign0ranta juris non ex-
cusaL" Motion denied, without costs.
Swift VS.. Crossman.--Taxaton affirmed.
Eckhard VS.. Bohcnkamp; Wild VS.. Buttcrworth:
HARRISON VS.. Morrison; Kennedy vs. Morgan; Ahern
Liebish vs.. Harft-Deendant discharged under
Fourteen Day act
Dallas vs. Schneider. Security for costs ordered
Buckmercr VS.. Davis; Book vs. Spawn; Gray vs.
Kelly. defaults noted
Merritt VS.. kcchcr Compliant dsm isscd
Dttenhoeicr vs. Maogregor-Retcrred 10 l.. A. Post
BY Judge sheridan
Hunt vs. odrun-Motion Tor now trial granted,
GENERAL SESSIONS--PART q
Before Judge Sutherland.
HIGHWAY ROBBERY.
Patrick McGowan was arraigned at the bar by As.