The New York herald., 1877-01-10

at New Orleans against Benner and Others testing the
validity partnership contracts made during the late
war; trial before Judge Van Worst, holding Supreme
Court Circuit, terminated yesterday In o verdict Tor
Efforts are bciug made by the National Butchers and
Drovers Bank TO remove Potter L. Cortciyou, assignee
case was referred to Mr. SlLcair Clerk Of Supreme
Court Chambers, who reported the charge OF inso!-
vency as having been proven, The case was brought
before Judge Donohue Yesterday, and he took the
Judge sper yesterday granted application in the
suit Of Samuel T. Freeman. lawyer against william
r. Garner, 10 recover S. 900, to continue the action
agans the executors OF the defendant The SUIT Is
brought recover Tor professional in SUIT
by the deceased defendant against Frederick Butter
lcld and others
Joseph Wild and John Cartledge have brought suit
against Sheriff Conner to recover the value OF US
bales OF Alicante mats, valued at 81 l6l, which were
seized in the storo No 6S Water street whe in the
signed Tor sale The seizure wa5 under an attachment
against the property OF Heron to recover money owing
10 Joseph Encas and upon tins thc sheriff claims 10 -
Tho January term OF tho criminal branch OF the
United States Circuit Court will bc opened this morn
ing, before Judge Benedict when number OF the
crooked whiskcy cases Will be called up Judge Beue.
dict Will probably render his decision IN the case OF
the government against James Anthony, one OF tho
quash the Indictment This decision VIII alect all Inc
other cases.
Sarah Perry has brought suit for limited divorce
against her husband Edward q. Perry. She says no
abandoned her IN August last and she now seeks main
violent and protractcd intoxicatlon on her part ana
charges her with breaking up Their home ana seii'ne
their clothing to CRAFTY her passion Tor drink
motion was made 10 strike out this portion OF the
answer as irrelevant, which Judge j. i. DAILY ycs'er.
day denied
The examination o! witnesses IN tho case OF tho
contested will OF cx.Julge Connolly WAS resumed yes
terday before Surrogate Calvin The testimony oi
Father Young was continued communication had
been received by the deceased rejecting very
severely but only by innuendo, upon the character OF
the husband OF his dauehte the contestant IN tho
stances insligated tesaor in making the dlsposl-
ton OF his property that has LED 10 me present tg'
ton. The case IS still on.
Frederick s. Hcison executor claims that certain
lots his possession as such executor were damaged
$50 600 through alterations OF the grado of Eghth
avenue He stated TO tho Board OF ASSESSORS That he
would submit 10 them proofs of such damage. Dut thc
Board, without waiting Tor tho proofs, awarded him
So. 900 A mandamus was procured III The Supreme
Court TO compel the Board 10 award the damages as
100000, ard writ Of certiorari subsequently 90.
tanned 10 have tho matter reviewed ut he supreme
Court General Term Tho argued ut length
yesterday after which the Court took The papers
A decision was given yesterday by Judge j. r. DAILY
touching the question 10 what comprises conceal
ment 10 AVOID service OF summons 'and complaint
Messrs Eaton l. King, brokers. have brought suit
chuse and sale oi cotton Pr!or ~ tho Indebtedness
Maionzi almost daily to their Office, wrote his
letters here transacted his other business; but
did not come upon that suit had been COM
menccd against him, and also refused 10 tell his resi-
dence ana kept away iron his usual haunts. The
Judge holds that no person would naturally 'ntrude
himself upon the company OF those to whom nc was
Indebted show hlmse where he couid be very easily
found: but This he holds to be legal cOncealment
In the General Term OF the Court OF Common Pleas,
before Chief Justice DAILY und Judges Larremore aud
Roo nson, thcro lengthy argument yesterday III
the old suit vi tho Husuenot National Bapk OF New
PultZ against Alexander Studwe and others trustees
of the American Hand Pcgging Machine Company. The
uarity OF this suit is that II bas bccn wico tried,
the first trial being Tor the defendants and At
the second trial Tor the Plaintiffs.
Mary Brlscoll IN August, 1871, fell on the sidewalk
at the corner OF Thames and Greenwich streets, sus-
tanning injuries from which she died. The accident
occurred from therc being hole In tho walk James
Driscol husband OF the deceased, has brought SUIT
against city for So 900 damages, aud the case came
trial yesterday before Judge Barrett, IN Supreme
Court Circuit. The defence Is contrbuttve negligence,
as tho had long time resided Ia the vicinity
and knew the walk defective.
Thomas Bogart Contracted an Indebtedness OF $2lO
to Mrs Caroline M. Wood Tor board ana washing. Sho
has brought suit, the moral o which Is important
to conhding boarding house Keepers as well us
to delinquent aying Doarders. A motion was made
10 dis miss the complaint before Judge j. Day on
the technical ground OF neglect 10 place tho cause on
tho calendar ana give not CO oil trial Judge Day
would not allow such tccnnicslity to Interfere with
prosecution for the aymcnt ol Ihe board bill and
denied the motion.
There was an argument yesterday before the Su-
preme Court General Term, III the appeals taken In
the brought by Mary A. Schanck against the city
to recover for rents OF portion Of No. ~ Chambers
street. occupied by the Marine Court and the premises
Centre street occupied by the Now YORK Dlspensary
In the first SUIT verdict given IN her iavor for
appeals aro based the ground that the rent was
excessive The Court took the papers.
Part Marine Court yesterday, anu was set DOWN Tor
trial to-day IL action Tor sancer and is brought
by Jonn Duffy, u respectable mechanic, against VIII
u,n JOYCE the 0l the new Cathedral,
ior AS The complaint alleges, publicly accusing tho
piainti OF stealing and, IN tho presence OF his fellow
workinen threatening 10 send him up ior the al
legged THEFT Tho defendant intcrposes II general de-
NAL pleads the absence OF malice IN what he said
Or did The excites much interest among Ger
tain scctlon of the working classes as Duffy at the
time reiused take the law IN s own hands, though
urged that by his companions, and, u ID
n,uc no cu
Denis A. Spelissy appears Tor plalntiu and Mr Mat
thew Daily Tor defendant
A motion was argued yesterday before Judge Joseph
f. Daily IN the Court OF Common Pleas, by cx.Judgc
CardoZo and Richard s. Nowcombe, counsel Tor
Joel f. Hyans, for an order directing Leopold
Banberger deposit IN court about $50, OOO which
has come his hands assignee Of 5. A. Castle
Co.. ODright Il We'll and jacob Wolbacn. Hyans al
cgcs AS the basis OF his motion mat Bamberger has
used SIS, 900 oi the trust funds Tor his individual
debis, and as Hyams Is surety Tor Bam6creer under
each assrgnmcn he asks the Court To compel Bain-
berger who 1t is alleged, Is nsovent to deposit the
money III court Us u means OF preventing Bambcrgcr
from using any more OF the trust money. Banberger
denied used OF the trust funds Tor MS pt
yatc purposes, anu his counsel Mr. Iownscud insisted
that, even If he had, II was no business OF Hyans
The Court took the papers and reserved decision
A suit recently brought by I. 7. Remington,
Jr., agaNst Charles Westcrman, former partner, 10
recover damages caused alleged, by the taking, con-
verting and cancellation OF certain hc insurance
policy So 900 on the planths life, taken cut in the
Equitable Lille Assurance Company OF this city. IL IL
claim cd that Wescrman took the policy from the sale
unknown to the painful AJudsment ny default IN u
suit brought against Westerman was entered against
HIM tor $500 20. a motion was made before Judge
Douohuc 10 open the default He CONTENDS that the
rcvcrsionary value OF the policy not exceed $3.50
lie had right 10 the same under power OF attor
ney and that the reason ne lid not answer In The pre-
vlUus trial was account OF the paper having been
misaid Judge Donobuc yesterday granted tho appl
cation ON payment oi costs
DECISIONS