The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-09
THE COURTS.
Sharp judicial Criticism on the
Marine Court, General Term.
IMPORTANT OPINION BY JUDGE LARREXORE.
Poor Peter Reuter- Gains a Vic
tory at Last.

A decision of some interest to the arlne Court
Judges aud ltigants In the appellate branch of that
court just been rendered in the General Term OF
the Court OF Common Pleas, and written by Judge j.
+. Daily. The decision grants n reargument in suit
entitled Hne Farrell the facts Of which
portant and not required 10 be told. In speaking
vi the practice OF the Marine Court General Term tho
Judge speaks as foows:-
II is the only appellate tribunal In this State or, as
Tar AZ know, that has ever been in this State that
has assumed The responsibility Of reversing juda-
ments w'thou, giving any reasons whatever. In the
present case all tina; Is before us on the appeal that
the judgment OF the SPECIAL Term reversed and q
new trial ordered. There is no written OPINION, nor
any statement on tho part OF either court that any
oral reasons were gwen, The Marine Court has
hud an appellate tribunal for twenty-our years,
aud, SO tar Indicated by the cases brought before
Us during that time for review the general has
been simply TO affirm or reverse judgments, the IN
stances beng exceptional and rare in WIN ch written
opinion mas been gwen. do not THINK during that
long period. that there have been more than dozen
instances In which written opinions by judges OF the
General Term have been brought to tho attention OF
this Court as court OF review. "rhe rule OF law
says Lcber, s above the judge, and not one within
bis breast, and this eminent publicIst has pointed
out that tho security against judicial despotsm and
the excellence oi the common law as system lies in
great degree IN tho uniform practice OF English and
American Judges TO give their opinion orally
writing for their decisions. Within q year or two
past written opinions by judges oil the General Term
or the Marine Court have been more frequent, es-
peciay by the Chief Justice and Judge McAdam, and
IL to BIO hoped thar IN view OF the nuinber Of i'm
portant and questions that that court,
the Court ia the exercise OF its appellate
VIII not, in respect 10 the discharge OF IT'S duty con-
slider ilso above the responsibility iet by judges
OF the highest court IN the State and all Ordinary APP
peate tribunals.
: The General Term of tho Court OF Common Pleas
have rendered decision on tho appeal taken in the
case OF John Z. Clifford against Hen rieta Morton IL
seems that IN 1873 the defendant was the owner OF
saw and grist mill upon his farm In Orange county,
N Y. A stream oil water called ''Silver Greek" ran
through the iarm and in pursuance OF an act OF the
lauIs 4, Maui
large the water works by taking any stream of water
Tor that purpose, proceedings were had TO estimate
the damages which the owners OF water rights ard
privileges, any person interested therein had sus
taned Ny reason OF tho action OF the CITY authorities.
The defendant was awarded and paid s. 900 Tor the
tilnated injury 10 her property, oil when amount
the platinum, as assignee OF ono Annie L. Ember,
claims one-third. In 1873 negotiations wero had be-
tween the defendant and ono John w. Embler, for q
lease OF The mills Silver Creek, and, alleged,
Tor IN agreement in relation TO the recovery OF dam
ages on account OF the use OF the waters OF the
stream by the city OF Newburg Tho defendant, on
the 24th OF February, 1913, leased the mills Tor tho
$500. Tho plaintiff claims that one Of the
considerations was agreement that the action for
damages should be prosecuted in the name of the
lessor lcssees and that recovery had sho ud
the Joint properly Of the parties TO the lcase This
denied by the defendant. and constitutes tho main
issue IN the case. The plaintiff has succeeded to the
rights of the lessees under the alleged agreement
aud from the judgment recovered by him the de-
fendant appeals. Judge Larremorc, who gives the
decision OF the Court in a very elaborate aud ex-
haustive opinion anu which Is concurred IN by his
prother JUDGES, holds that II Is Loo late ON appeal to
raise an Objection as TO the form OF action, That tho
proceedings were Instituted by the lessee In interest
TO recover damages IN pursuance oil the alleged agree
ment and the subsequent action OF the city autnor
ties OF Newburg for The Same purpose did not preju
dice her rights under the agreement; such an agree
ment was properly established by parol evidence.
he holds further, that the exceptions 10 The evidence
wero not well taken, and should DO overruled Alter
discussing tue facts ut some length Judge Lurremore
concludes by affirming the judgment
CHARGES AGAINST A GUARDIAN.
An application has been made to Surrogate Calvin
behalf OF the infant children OF Morris S. Cohen
TO remove Abraham Benrmo from his position their
guardian. and to revoke order made IN December,
1874, by which Daniel Benrimo, who had been their
guardian, permitted TO resign, and his suretles
discharged. The petition charges that Daniel and
Abraham Benrmo coparlners; that Daniel,
IN violation oil his duty as guardian, used the
money OF his wards IN tho business Oi his
adjudicated bankrupts, he petitloned the Surro-
guto for leave resign; that ho alleged that
he had the property OF the wards invested
IN United States bonds, and that Abraham Benrimo
receped to Daniel as having received IRON him the
bonds; that thereupon Daniel was permitted to re-
sign and his sureties wore discharged aud Abraha
was appointed guardian, Offering Daniel OF his
sureties and another who has since become ins0lven
Abraham Benrimo was represented by Mr.. Jcnle,
ana the various sureties appeared by Mr.. Eustein,
Mr.. SOutncr and others Various preliminary OBJ.
tections raised. After bearing ex-Judge Car
the infants in speech criticsing tho guar
jections, saying that onetenth OF the charges were
true the proceeding was very proper one and that
IT was regular lorm HIS Honor then directed that
answer on the merits be fiel by the 21st 10 which
time the proceeding stands adjourned.
FREE AT LAST