The New York herald., 1878-03-30
THE COURTS.
Important Decisions by the Supreme
Court, General Term.
THREE CLUBBING POLICEMEN.
Substantial Victory for the City in the
Waterbury Suit.

Waiting TIL nve P. N. yesterday for the Supreme
Court General Term Judges to hand down promised
batch Of opinions caused some rather irase ex-
pressions among tho throng OF expectant ana anxious
lawyera As Il was OF the cases decided were OF
any great public interes. summary OF the more
important ones is given below.
In the year 1868 the Commissioners OF Central PARK
changed tho grade OF 10lst street In the same year
James Mur.augh became tho owner OF premises along
the ne 1870 and 1871 built five houses on the
land, on the grade established prior TO his purchase
In 1875 the Common Council directed the street from
Ninth avenue 10 the Boulevard TO be regulated and
graded with the change made as already
stated. In May, 1877, the assessors allowed hur-
laugh $3.50 as damages to ms houses, under
the belief that tho houses were erected be-
,1cre Inc grade Of tho street was changed. Upon
advertising tor objections was ascertained that the
houses question were erected two years alter the
new grade established, and they thereupon struck
out the allowance TO hun, and upon his Application
lory writ OF mandamus, claiming that he had been
obliged to raise all OF the buildings except one ana
sha the ngress TO and egress from all OF the buildings
hud been seriously Inconvenienced. The motion was
opposed on the ground that NO damage was done 10
MurIaugh's properly by the change OF grade aud
snat any loss resulted from his own neg
lgence ana that the allowance first maue
was struck out because made by mistake. The
motion was granted appeal was taken Tho
Supreme Court. General Term, yesterday rendered a
decision, Judge Brady writing tho opinion, reversing
she order OF Inc Court below The Court holds that
the rea,ors right TO damages depend ed upon statutes
HuthOrzug an award, and upon them only, aud Ihero
~ NO statute giving damages or authorizing the award
Of damages under the circumstances which SYnaltzu
tho rclAt0rs claim. He built after th" extension OF
tie grade, aud having done SO assumed voluntarily
all The consequences of his act The Board had power
10 correct the error anu the order Is reversed with
costs.
rhe Court also handed down decision On the mp.
peal taken In tue case OF the Berkshire Wooen Com
pany, &C. against Augustus d. Juiilard, receiver OF
Aoy', sprague q Company. The case came before tho
Court appeal from ordcr overruling excep-
Mons to the referees report on claim oil Mr. Chapin,
presented rejected. Judge Brady, VINO writes the
opinion OF Inc Court, says that II 10 quite apparent
lhuL tie engagement Of the members 0f the firm or
HOyG, Sprugue co. as sureties Tor Chapin was d.
rectly con neced with tho interest," aud therefore Tor
the Arm such. and utter discussing the
question some ensih sustains Inc reforce's re-
port and allows Mr. Cnapin's claim.
Margaret HUDSON brought SUIT against the Fire
Department Commissioners to recover the ntereAt 10
tue Firsmen's Relief Fund to which she would have
been entitled had her husband renamed member VI
the department. I'LL his DEATH but WHICH was claimed
sne lost through his dismissal The csvs came before
The Court on writ vi certiorarL Judge Brady b0ds
that the removal oi Hudson was without authority.
Judges DAVIS aud Dapieis hold That Mrs. Hudson not
being party TO the removal OF her husband. cannot
maintain tue writ OF certiorAr! to review IT,
Sarah Boone TWO deposits In the Citizens Sav.
tngs Bank OF $500. IN trust respectively or Lille and
kate Willard she drawing tne interest during her
nic. Mrs. Boone died in,estate, without making any
otner drait these deposits. The bank refused 10
pay the money and the administrator 10 give up the
books. Judge Lawrence, Ut SPECIAL Tcrn decided
that The books should Ue ana the money
paid. The Geuerai Term, Judge Brady writing tne
opinion, aillrlns this judgment.
In the suit brought ny the First National Bank Of
Springfield, Ill, against Charles a. Dana to recover
upon u promlssory note ior So, 900 gwen ny Mr.
Dana, the main deences were that tnere was de-
posted us security 900 In stock certificates OF tho
chicago Republican Company, and tnat the company
Agreed " pay the note III CONSIDERATION, among otncr
Sbings, 0I the transfer TO the company by tho de-
1enaanI O all his interest IN the stock deposited as
collateral Judge Brady writes an elaborate opinion,
Affirming the Judgment OF the Court below.
Isaac !! Drane, Ponce court clerk accsptsd under
protest 81 $40 salary after the same had been reduced
from 81 O0U. He sued Tor the balance, aud the CON-
piaiut disniIssec An appeal Was taken, aud this
Court orders u new trioi by Judge Brady. He
holds q decision OF the Court oil Appeals in par.
aei case establishes the validity Of tue CLAIM.