The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-03-09
THE COURTS.
One Of the Mutual Life Insurance Com
pany's Mortgages.
LEMONS" IN COURT.
In Estranged Father and Mother Quarrellins
About Their Child.


The New York Mutual Life Insurance Company yes
tsrday obtained judgment for $4,000 against Charles
Kirkcndall and others In the Supreme Court Circuit,
Part 8, Judge westbrook presiding. The action
brought by Mr.. W. F. Cogswe, counsel for the COM
pany, to recover . deficiency arising from the sale
under foreclosure Of . mortgage Of 500 900 made in
1857 by William Penn Rowland to the company.
The property covered by the mortgage was
about 1000 acres Of land In Cayuga county,
Of this Stato and included what rs known as show.
lands Island" It IL alleged that the property the
timo tho loan made was valued by the conpany's
examiners at than SOC, 900, and that 1t when
sold under the foreclosure was worth $l5o,000 n
sold for only SOL, 900, leaving deficiency which, with
interest to date amounts to $5s, 900 1t was alleged
by tho defendants that while the foreclosure suiwas
in progress and before the saie the defendant (How
equal to the amount OF the mortgage and costs, and
enough 10 pay mortgage OF $780, 900, which had been
procuring the loan from the insurance company
On the day before the sale u 10 alleged one OF the
pany in this CITY ready make payment OF $40, 900
and take an extension on the balance according TO
alleged agreement with Mr. Palmer trustee and chief
OF the law department Of the company, 10 whom the
whole matter had been consigned by the corporation.
This gentleman as alleged. saw the woudbe buyer when
no called and persuaded him that he had better allow
the property TO be sold by tho Sheriff. he could buy
It and got better title TO It in that way Smith con-
sented do So with tho that he should
have the property at the price he and his COL
leagues were to have given Rowland Palmer
un higher BY the Or N.Y. s"ey
appeared before that tho had Ueen taken
to the Court OF Appeals end an undertaking had been
given by defendants which provided that they would
pay any deficiency which might arse from the sale If
one should occur. When Palmer proposed that the
surcties should not be held by the company If the
agreement between MIN and Smith were carried
ssy s sale ana ssssa , The M aA ss
ley, who bought II In, and Mr. Palmer
se osD mat the m
Ihe price agreed upon, claiming that Mr. Sibley had
expended that amount in the courts The intended
purchasers thereupon refused take the property.
The Mutual Lie Insurance Company entered up judg.
mcnt for tho amount of the dedciency-more than
fifty thousand dolars-and brought suit for that
amount, with Interest the undertaking. against the
!ureties which amounted 70 about eight thousand dol
All these alleged facts were set up by tho defence,
put the Court ordered judgment for the plaintiff allow
ing ninety days in which TO prepare case for appeal
FIGHTING OVER THEIR CHILD.
There was worry dramatic scone-of kind which
unhappily becoming very common in the courts-in
tho Supreme Court, Chambers, yesterday afternoon.
rhe writ Of habeas corpus granted the application
Of Mrs Iva Martin, ordering her husband, r. F.
Martin, to produce in court their eight months old
infant returnabo at three O'Clock and long before
that hour the mOthcr, accompanied by two female
friends was in court awaiting tho appearance OF her
chid. She is woman about twenty-five years old Of
comely appearance and dresses In coors any.
thing but sombre Pending the arrival of
the defendants the Court occupied with
hearing the ordinary tedious motions and
arguments. Suddenly, the stiffness of the room
broken by the mothers cry, "Oh. my child Oh,
Judge, give me my babyi"' Mrs Martin had risen
from her seat, and, with clasped hands and streaming
eyes she mplored Judge Lawrence restore her in.
FAINT With great difficulty her counsel Colonel George
Hart, succeeded in queting her. The nurse accompa.
nied by Mr.. Martin and some friends, sat down In
distant part of the room exchanging smiles and winks
whiic the mother bowed her head upon the counse's
table and wepL When tho called Colonel
remain the custody OF the mother that the health
OF both depended the mothers nourlsbing The babc
that The voice OF nature the law protested against
Us being ruthessly torn from her breast.
He further argued that the father at the birth OF
child had but inchoate right to It's CONTROL and that
such right did not vest until the attainment OF .
ripe infancy, when he should direct the chd's educa
Ton; that until such period the mother and child
were ph ysicay but person IN point OF fact Coun
sci concluded with an affecting appeal to the Court
Mr. Kneaand for the father, claimed that the infant
had been practically abandoned by It's mother, who
frequently lett II alone 10 tho morning and remained
away all day. leaving Vt TO starvo. IL then bore the
bruises causeJ by falling while neglected, and that
the father had placed II in good hands
Judge Lawrence, alter u moment spent In deep
thought, said It evident that there had been bitter
feelings between the parties and II equally ev.
dent that the mother the proper person take
charge OF the infant pending reference, which he
the OF this decision the mother eagerly
sought her babe, and, cluching IT, lavished
endearments as only mother can bes,ow. AS she
bore out Of the her friends followed, excedly
oxcaimipQ. "GOd bless that Judgc'