The New York herald., 1878-01-16
A QUESTION OF RESIDENCE.

"A JUESIlON OF RESlDENCE.
Judged. y. Daily yesterday rendered a defining
to some extent the question OF residence for the pur
pose of attachment and other legal proceedings. The
suit is one IN which Cazon Boiler seeks 10 recover
from George w. Hunt, proprietor OF the Winchester
Hotel, an alleged debt OF $2,0il 81 The plaintiff,
claiming that Mr.. Hunt was a resident OF New Hamp-
shire and not OF this State, obtained attachment
against his property on that ground. Mr. Hunt
moved to vacate this attachment, and Judge DAILY
yesterday rendered the following opinion on the mo.
tion:-"The defendant Is the proprietor OF the Win.
chester Hotel corner Of Thrtyrst street and Broad
way, or, rather OF the business carried on thefe and
has been sucn over year past. He swears he is
resident OF TINS city, and that he has been tor year
past. IL is nard to believe that ne undertook such
business aud engaged in SUCH respons blites as the
keeping OF that hotel involves, without inteution
to reside here, and such Intention, coupled with the
fact OF residence continually for over year. would
eiectually change his place OF residence from New
Hampshire TO this State This is entirely
consistent with his keeping his former home
In New Hampshire, his calling it 'his home IN
ordinary conversation, and ms witc and daughter re-
siding there. But II is shown that his wife lives with
Hampshire IN November, 1876 (,he last Presidential
eecton is no contradiction Of his oath that he had
January g. 1S7Sl Nor does signify that In the cleo
tion OF November, 1877, ne stated that he 'had no
any State 10 acquire tho right to VOTE and IT he had
resided here within one day Of year a. tha election
he could not have voted: mold the iacls
ana his oath TO establish that no is resident OF this
State order the attachment to be vacated, but as
paintin has been honestly misled or mistaken de-
fendant must u condition stipuate not TO sue Tor
damages by reason oil the attachment"
SUSTAINING A BENEVOLENT GIFT.
Juoge Van Hoescn. OF tho Court OF Common Pleas,
yesterday rendered his decision In the matter oil the
"Deutschon Frauenverein," a benevolent German
society which received donation OF So, 600 from Mr.
Christian G. Gunthcr who expressed the desire that
tho interest should bo annually distributed among
the poor and needy German women. Tho ladies' OF
the society, who were nearly all members OF the ST
Matthew's German Evangelical Lutheran Church.
handed the money over to tho trustees to in
vest and to pay the interest To the 60
ciety. The trustees took the money and an
agreement made to pay the interest to the
society long as II continued TO exercise its cor
pOrate functions, and when 1t 10 exercise its
functions the trustees TO pay the interest to some
other society organized tor the same purpose, and
that they, with the church counsel, snail have the
power to such beneficiary. difficulty arose IN
the society to the place OF meeting, the majority
voting In favor OF holding the meetings ~ SteinNay
Hail. and lew holding fast TO ST. Matthew's Church.
The Steinwsy Hall crowd claimed TO be the "Deutschcr
Frauenverein," and as such claimed the right To the
benefits OF Mr. Guutners gift suit TO determine
this right tried before Judge Van Hoesen, IN the
Special Term Of the Court oil Common Pleas, who yes
terday rendered q decision, IN which he holds that
said money unquestionably belongs to tho Frauon-
vereIn, the Stein way Hall crowd and that the trustees
are bound 10 ray II TO that society.