The New York herald., 1878-02-06
CONFLICTING INTERESTS.

The General Term OF the Court OF Common Pleas has
just rendered decision In the case OF Lucy Hooley
ana another against Abraham Giere and another
affirming an order directing the payment of judg
mcnt ootaned ny Charles Vail out OF the proceeds
o IA sale by the receiver OF Gieres hrm. Giore, II
seems, was member OF the firm OF Abraham Hooloy
Co.. organized in 1859. Hoolcy died In 1873, ana
the Surviving partners continued the business until
January l, 1874. when hrm Of Abraham Giere L.
Go. was formed, composed oil the surviving partners
aud samuel G. Cuts. The last nrm was dissolved
January 1871, and Giere continued
talive Of the hrm in liquidation, the otner
members remaining with nim upon stipu-
lated compensation. One of the partners Mackenzie
applied February 1871 to VAIL stating that iere
u Co. had dissolved, aud tnat iere would want few
goods to up mis- stock Vail furnished the goods
charging them 70 Giere " Co. As he had previous
ueallDgs with that firm no new account was opened
Tor The goods thus purchased, Va ADVISED OF
bne dissolution aud that tho purchase was for Giere
alone. The soods were put IN the general stock by
Giere tue proceeus went into the general asses
Vail sued Gierc and attached the stock OF goods and
office fixtures aud recovered judgment. and levy
made on tho property III question on Marcn IT, 1871
On the 14,h OF March following eugene T. Lynch was
appointed receiver pcpdente lite OF tho trust
esIaie vi Abraham Hooley, deceased, which
had been by The firm OF Abraham Giere e. Co. IN
the copartncrship business. lhe sheriff demanded
the property LEVIED upon by virtue OF tho execution
the receiver also demanded II part oil the
estae was nnaly agreed that the receiver should
sell the goods and retain the proceeds subject to tho
lSherus claim. Judge Larremore. VINO writes the
0puion OF the Court, holds that The goods sold
to Gere after the dissolution Of the partnership, and
that the levy under tho execution gave the Sheriff
valid ana suDsistng lien which ho could havo enforced
by sale. Tho procoeus in tne receivers hands repre-
sent tha goods LEVIED upon by the ShoriG the
viduai properly oil Gierc ana was not part OF the
Rssets OF Tue nrm ofwhch Lynch was appontod
ceiver SO lar AS this transaction thero
no equities disclosed as between the plantn and
Lynch, VINO was not party to II, which snoud preju.
dice his right 10 collect he claim in dcsputc. He,
therefore uilrms the order.
LESSON FOR STEAMBOAT OWNERS.
Among the decisions just rendered by tho General
Term oil the Court OF Common Pleas "a affect.
ing tho liability Of owners OF steamboats, Tor passen-
gers baggage when the passenger does accompany
IL. The plaintiG IN the case-Miss Fiaherty-pur.
chased ticket on the steamboat Colt, running be.
tween this city and Sag Harbor, and baggage
by exprcssnan, who delivered II on the boat Miss
Eiaherty missed the boat and her baggage on
without her The next day she started by the Long
Island Railroad Tor Sag Harbor in hot pursuit She
arrived there alter The boat had reached Sag
HarDor and her baggage could not DO
found. A verdict rendered In her favor,
appeal was recently argued, Mossrs. Roc and Mackln
appearing Tor the plainun and Mr. Butler iof the do.
iendant lhe Judgment was uillrmod, Chie Justice
ring. lie says that if the baggage was delivered on
board OF the boat the defendant was answerabie Tor
iiure 10 deliver II In the absence OF evidence repeli
and after showing that the evidence established tho
Tact oil delivery on board oil the vessel says:-"A-
though the plaintiff dd 90 the steamer that day,
Us she did not reach the pier until altor the boat
had left, and even admitting that she had not pur-
chased ticket, the defendant assumed IN respect 10
trunk SO lott tho responsibility Of common Carriers
He holds iurther, that II piaint,f had neither gone
board nor purchased ticket they not bound 10
deliver IL until The charge Tor Its transportation had
been paid He says that this Is too plain for
mont and anords no support tor the claim that the