The New York herald., 1878-09-29
IMPORTANT TO BANKERS.


Judge J. +. Daiy yesterday rendered very elab-
crate opinion on the motion Tor a trial in the
OF Thomas c. Clark against the Mechanics' Ma
tional Bank of New York, tried before him IN Par,
l OF the Common Pens, Trial Term The action Is
very peculiar IN many respects and at the time OF
Trial attracted censiderabc attention on account Of
bhe novel interests involved The suit was brought
by Clark to recover S27,149 70, which he
claimed TO bo due him and above his drafts
on the bank. TINS sum was charged against hi IN by
the bank On balancing his passoook on the l4lh OF
september 1905, and Is tho total OF twenty-three
checks when the bank alleged to be his which they
pa,d AS ms but winch, having been 1851, misaid or
stoen. were not returned 10 him at the lime such
balance ana have never oecn produced. Tue painun
recovered verGict for the amount OF all the ng
checks The jury were instructed that the question
fof thSm To determine was whether tho checks 50
charged against tue plaintns account wero hls. BY
their verdict their nnang was IN The
negative Clark, II seems, was wholesale
ana retail grocer, and did business from
1895 10 1865, In tie last named year sold
atd business down 10 1879, at which time he lost
all his money by bad speouiations. IL at TINS
time he maze the only aemand OF the bank Tor the
smouat, winch he alleged they had ovcreharged ten
years before During all oi mat time mad been
a oepositor with the bank, coutinuing his account
without interruption IRON MS commencing busi-
IN 1885 down 10 1875. From TIE
OF the alleged IMPROPER charge In 1865
mad been balanced and settled twonty-threo times on
the Uass OF such charge. These balances or settle
fncnls appear upon tue plaintiffs passbooK and there
~ nOtning thas BOOK, claimed, the books OF
The bank or any record whatever, TO sho~ that the
settlement OF september Ia. 1895, IN which the MISS
ing oh ecks were charged against the plantn the
subsequent t~euty-tnrec settlements were ever DIS
puted or questioned Jucge Day Ia his opinion says
evidence. He reviews the testimony, particularly
that Of the palutln at great length. ''fhe
pialnn had" he sad, "uniortunately not preserved
bl VI The iorty-uine cheeks winch received the
time hs book vas baianced, so tnat IL could not DO
bscertained whether any OF them were drawn during
the three mouths that the missing checks had uocn
received aud PAID by tho bank HE concludes that no
fuspcioD mas been nxed upon any oi the officers or
others connected witn tue bank and orders
uiai, with costs 10 abide the event
REGRAD1NG UPTOWN STREETS.
In the Supreme Court yesterday, Judge Daniels de-
eided tue application OF May Deerng Tor a maudamus
10 drec Board Of Assessors 40 allow her certain
damages sustained by the regarding OF 1874 street by
the city IN the year 1876. Tue case Ia to some extent
,ess ss 10 the night oI adjacent IN the
upper part OF the city 10 compen sstion where they
have built upon the actual surface grade Of street
which oeon altered in regulating ana grading
eordiDg 10 aiterward legally established grade
lines II appears IRON the afndnvits that I52d
street, from klnEssridgo road TO Hudson River,
was aiu out Oy Richard r. Csrman about 1870 aud
has been IN actual use Tor than twenty years
street, although never accepted Dy the cIy uuu
1915, when u was opened. The adjacent owners had
grsoed aud eveiied so 10 tse1, and public
bad so USED u or many years. No grade was legally
Established until lSG5, wnen the Central Park Com
missoDers hed their map laying OUT that part OF The
sty The house owned by the applicant mad been
erected previous to 1865 adapted tue then
surface VI the street. The city recently caused The
street TO be regulated and graded according TO the
new gradc estuOhshed BY toe Centra7 PARK
LOmmlssooers, and IA 81 dong cut down n front OF
the applicants house about nteen leet whereby the
premises was alleged had been greatly injured and
damaged. she presented her ella m OF damage 20 the
Board Assessors but the Board refused 10 examine
u or make her any allowance or tue reason hat
1874 was, rnt ope0ed In 1873 private street
or lane; tust no former grade had ever been legally
established, and that tho appnclnt ia buying upon