The New York herald., 1878-11-17
ALLEGED UNSAFE BUILDING.

In Supreme Court, Chambers, yesterday an applica-
Mon made by Mr.. Foley counsel for the Depart
ment Of Buildings. to restrain Mr. Jacob B. Tallman
and others from continuing to erect a new building
Nos. 81 and 80 West Fiftythird street, account
sf alleged violation of the Building laws. Judge
Lawrence, before whom the motion was made, said he
never granted an injunction in such cases unless
the proof was overwhelming. it might inAict
great injury upon the owner. Mr.. Foley said if
builders could not be enjoined there would be
many more unsafe buildings put up. ExRecorder
Smith in reply read an affidavit OF Mr.. Tallman.
of the building setting forth that open injunc
fonproceedings begun last week in relation to
another part OF the walls He called on Deputy
him he would get injunctions against him
for the next six months and prevent him from
building. The building has been pcrsistently op-
posed, and yesterday these men were arrested. and
police sent to drive the workmen away. 1t time.
by MI. Dudley was then handed I'M settna forth that
certain wall Of the building originally only
Twelve inches. but that four inches added with
out being properly bonded. In reply to this other
hfid avits we're read. stating that the wall orsi
naly sixteen inches. Judge Lawrence, after hearing
the argument, reserved his decision.
DUNCAN Il SHERMAN'S BANKRUPTCY.
Six days before the failure of Duncan, Sherman
r Co., the we'll known hrm of Stoddard, Lowering &
Co.. doing business here in Boston and Manchester,
England, purchased bill OF exchange from them for
about $1,000. Upon the arrest of Duncan and shcr-
man by the Messrs. Roebling. through their attor-
ney, Mr.. Henry II. Morange the said firm of stod-
dar Lowering Co. employed the latter to institute
smilar proceedings to recover the amount Of said
.hiil of exchange Consequently suit was ini-
4 i.ated. order Of arrest obtained and
Duncan, Sherman and the other members
of the firm arrested and held to bail in $5.Ou.
subsequently injunction obtained from the
Court of Bankruptcy staying all proceedings M
against Stoddard. Lowering Co until the question
rot the discharge Duncan sherman Co. in bank
ruptcy finally determined. About two weeks
since discharge was granted Duncan. Sherman a.
Co., and application made in their behalf by
'Messrs. Shpman, Barlow. Lsrccque and Mcfarland
FOR leave 10 plead said discharge. This
opposed by Mr. Henry II. Morangc, counsel
br Stoddard Lowering Co., who pro.
gtfuced the opinion Of the Court Of Appeals
n Roebling against Duncan sherman Co.,
tut which had been suppressed in the 9th
py. y, the being reported anony mously and
he opinion cut, in which opinion the frm Of Duncan,
sherman Co. was adjudgcd to have been guilty Of
!, rand in contracting the debt Mr.. Morange
ended that this all fours with the de-
sided BY the Court of Appeals, that the discharge
ould not avail the defendants against this debt Il
saving been contracted fraudulenty. The Court per-
nitted the discharge to be pleaded the plaintiff having
he right by reply 10 set mp the frand Tho Mcssrs.
Roebng paid their judgment in full with costs
,and interest, thus receiving hundred cents the