The New York herald., 1877-01-09
llsh. from the Try readings OF deposi.ions taken in

light from the Try readings OF dispositions taken IN
London
Being blockaded by the storm will probably become
OF the stereotyped excuses of lawyers for falling
called In suit brought by tho city against
Joseph W. Duryea. on the calendar OF the Superior
Court for trial. before judge Sper Assistant Corpora
tion Attorney Lacombe who to attend to the case,
stated yesterday that the snow storm prevented his
being ppreNnt when the case was called last
case was restored TO the calendar
In January, 1873, Abel Wheaton loaned to Jacob
Voorhis Jr, $50, 900, taking as security bond and
mortgage on up town property In suit to forsclose
stephen Tabor, o. OF tho defendants, put IN an
answer setting up y mortgage later than Mr. Whea-
toms, and charging usury in the latter mortgage
Judge Van Worst yesterday gave judgment tor Tabor
on demurrer, thereby sustaining the answer AS
good legal defence but with leave tho plaintiff to
Withdraw MS demurrer within twenty days upon pay
ment OF costs
Before Judge sedgwick, OF the Superior Court, two
were u led yesterday The first was brought ny
Hiram Benner aud others against Jacob H. Daclors 10
have deed declared mortgage and TO hold defrnd
ant liable Tor any deficiency on foreclosure VI the aeed
as a mortgage In tins case special verdict was ren
dercd upon various issues OF fact submitted 10 tho jury
The second suit was brought by julius Max buchardt
against the United States Insurance Company TO re-
cover So $50 So upon policy VI Insurance upon goous
alleged to have been burned at 96 Church street THO
defence Is that the statement OF damages alter the nre
not true, and that this vitiatcd the policy. The
trial will oe resumed this morning
Donohuo in the suit broush. by the People OF this
State against the Peoples Savings Bank to have upon
the petition OF James '. French receiver OF The
a bond Tor SOS 900 made by Jonn Garvey on Septem
Der 49, 1871 The bond in question, It IS stated was
secured by IA bond o the same date, payable on Sop
tember 49, 1872 by Garvcy and his wife, II Is stipu-
lated IN the petition that the bond shall DO transferred
upon the condition that ODren pay $40 S21 Is TO the
receiver with seven per interest IRON November
g. 1875 10 the OF transfer less So COZ w, with IN
tercst thereon from April !, 1876 to date OF such as
signment and transfer, this latter sum being the
share OF o. ;rien dividend of tiIrty-three ana
onehrd per cent declared by the receiver 10 the de-
positOrs OF the bank.
II was not only contesting long sentences two OF
his clients having been sentenced TO State Prison tor
that the convictions illegal, that formed The bur-
den OF long and earnest argument yesterday ny Mr
John o. Mott before the Supreme Court. General
Term in the cases OF Ella Kaufman, Sophia kalten-
berger aud Minnie Katenbcrger. These parties Is
will be remembered, were convicted on Charge OF
abductng Salna Bethcran gr fourteen years OF age
Tor purposes OF prostitution. and by menace and duress
consuInmaling her ruin. An answering argument was
made by District Attorney Phelps, aud then tho Court
took the papers,
Mary Kavanagh brought suit against the Adams
Express Company Tor So 900 damages on account oI
the death OF her husband who was killed oy being run
over bv wagon belonging 10 the company The acci-
tempt made disprove the killing, or that the
wagon belonged 10 the express company or that the
driver not IN tho employ OF the company FOR
the defence the simply testimony was that the accident
she evening; that the driver was using the
wagon 90 the east side OF the city TO get
trunk Tor friend he testimony going SIMPLY to SHOW
which the object Of the deeuce that tho driver at
the time dong the compsny's work. and that
therefore the company could not be held liable TINS
Was considered as tnxn counterbalancing the
testimony tor the planth, and tic result was dis
missal OF tho complaint