The New York herald., 1877-03-17

tion was made before Judge Freedman for . commis-
sion 10 examine witnesses IN Kansas
The suit brought by Police Commissioner Martin
against Windsor Hotel Conn pany e54 eco
the subject OF argument yesterday in the Supreme
Court, General Term, on an appeal from an order of
reference.
James Lynch, held undor commitment by Coroner
Elinger for alleged completely in the murder Frank
Reilly. was yesterday brought before Judge Lawrence
on q writ OF habeas corpus obtained by Mr.. William r.
Howe, his counsel, and his discharge asked on bail
The Court took the papers.
Sybiila Knau has brought SUIT against the city 10
recover 100 damages Tor tho death OF her husband
caused, alleged By tho careless treatment OF the de-
ceased a patient IN bellevue Hospital. The is
that Mr. knaus death resulted from Interference by
the plaintiff with the proper treatment OF the attend
Ing physician. Judge Freedman Yesterday gave an
John Morrison Hunter and X. A Wright, trustees OF
the OF Elizabeth A. Butterworh, deceased madca
report, with whch all parties were satisfied and accord
ingy application mado TO the Supreme Court Tor
the discharge OF tho trustees Judge Lawrence how.
ever says he certify that the Court examined
the accounts without rcieree and Thaddeus H. Lano
was appointed TO pass upon them. Co.
preme Court TO yacate certain old assessments on
property the ground that payment was legally to
be presumed from tho great lapse OF time-beng over
twenty ycarsand that they werc clouds on the tito
OF the petitioner. Judge Donohue granted tho order
vacating tho assessments An appeal having been
OF Spccia rerm Mr. Elliott r. Shepard appeared tor
petitioner and Mr. Hugh l.. Cole for tho city.
suit IN the Supreme Court for $5 damages for Sc
duction under promise Of marriage against Alfred
yesterday
pointed for her by Judge Lawrence.
In the suit brought oy DR.. Alexander Mott, VINO,
wbilo driving along Fourth avenue IN 1874. was run
into and overturned by wagon belonging 10 the
Consumers Ice Company and sustained injuries
for which he brought action Tor $4,000 aganst the
company, tried before Judge Robinson, In the CON-
mou Pleas Court, the complaint yesterday was dis
missed rhe Court held that tho company wcrc not
responsible for the malicious acts OF their servants,
but only Tor ordinary carclcssness and negligence
In tho suit oil Joseph Eastburn vs. Henry Cotton,
John Daily, William Gozc, Reuben Parsons and Jonn
nu,nn nj gia hal
arc gamblers are indebted 10 tho painti
in The OF So 500 for money lost at he faro table at
divers times motion TO make the complaint more
definite and certain yesterday argued before Judge
Iarremore in tho Court OF Common Pleas Decision
Before tho supreme Court, General Term, there was
argued yesterday the appeal in the SUIT Of Nicoio Alex
andrlc Bslizxa vs. Leland stanford; Inc plnntn, VINO
biton He s0d.a diamond pin TO Stanford and bis
wife Tor $1,000, out OF which transaction grew inc
present SUIT. The question Is whether tue paint'H
shall lilo security for costs. He claims 10 have taken
up his residence hero
William b. Maclay aud John n. wbceock, trustees
loaned the New York University money on bond and
mortgage Tho university beng embarrassed, desires
70 effect loan OF $40 Co., which Inc Un,.ed states ,
loan Is effected on nrst mortgage pct't'on mas
submitted to Judge Lawrence that the mortgage
OF Maclay and Whcelock be madc tho second mortgage
aud the proposed mortgage the nrSt mortgage he
has the papers under consideration
An Interesting argument, Dut substantially tho same
as made at Special Term, was had yesterday before
the supreme Court General Term, in the suit brought
by Rebccca L. Miller against the security Lie lnsur.
ance and Annuity Company to recover upon 81, 0oO
pucv of insurance granted the life OF her husband.
As the OF tho company are now in the hauus OF
receiver and not sufficient TO pay all It's debts II Is
insisted that there should be priority Of payment OF
claims Tor losses by death. Judge Donohue denied q
motion TO compel tho receiver TO pay the claim. Tho
argument was on an appeal from ths order, ana,
owing TO the importance OF the ISSUE involved, the
Anal decision is looked forward to with interest
David J. Ely wealthy coffee merchant oi this CITY,
died recently, leaving fortune oi two millions Of do
lars, to DO divided among hts wife Caroline, his heirs
nutiV tn - lfA
$780, OOO DO held IN trust shc TO receive tho
interest during her e To MIS- children and relatives
he leaves correspondingiy munihccnt and generous
bequests making them all comfortable Tor ilc There
are no charitable or other bcqucsts outside OF those
TO his family and friends
In the matter OF assignment OF Abraham s. Her.
man David FOrchener, Mr. Richard ;. Newcombc,
in the Court OF Common Pleas, before Judge Larrc-
more, for accounting by the assignee. Herman, II
appears filed petition bankruptcy, and the Stato
assignee surrendered all the amounts 70 the bankrupt
which were distributed among tho creditors IN accord
ance with q composition deed, signed ny uil but inc
petitioners IL is claimed that the assignee under
the trust deed had no right to make this surronder
and that the petitioners are entitled to be PAID their
claim In full
Mary Ann Davis brought suit against her husband
Samuel &. II. Davis, Tor divorce, aud tho case was
General Term The facts OF the case have been fully
published in the HERALD already. The suit Is brought
Tor limited divorce, on the ground Of alleged cruel
and inhuman treat ment, and The defendant answers
by denying the legality Of the marriage II H. charged
that tho plaintiff married 10 man named Taylor,
IN the nd,an Territory, by an lnaan preacher, and
that the plaintiff married during the lifetime OF
Taylor. The vile claims that this marriage under tne
Indian laws could be avoided by separation by
mutual consent IL Is argued, on tho other hand, that
the Indian laws apply only TO natives, aud not TO
whites temporarily residing there The Court TOOK the
papers.