The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-03
THE COURTS.
Light and Air Kept from a
Neighbor's Windows.
DlSPUTING A BANK ACCOUNT.
An Amusing Instance Of
Legal Verbosity.

suit involving points Of considerable interest I'D.
taccnt property has just been decided by ref
cree whose Judgment yesterday confirmed by Chief
Justice DAILY, in the Court OF Common Pleas The
is one brought ny Albert Meter against Samuel d.
Babcock. In his complaint MI. Meter alleges that
the 9th OF March, 1862 the trustees OF Columbia Col
lege let 10 Henry NJ. Field for the seventeen
years aud eleven months. from tho 1st Of
November, 1868, with the privilege
new ard assign, certain property situated
on Fth avenue and Fifly-drst street. Field erected
dwelling house on the property. At that time the
defendant also leased from The trustees Of Columbia
College certain property adjoining Fields on the
street. When Field built his house he placed the
eastcry line OF the same two inches west Of his
space, ana placed six windows which overlooked de-
fendant's land. The lease 10 Field AFTER various
s,snments was finally transferred TO the pIaInilr by
QUE Margaret Courtney. The defendant, while.
Mrs Courtney occupied the premises barricaded the
M M was cong
unucd 10 the great annoyance o. the plaintiff. He
says that when tue wnd blows rom me northeast
great violence and shake and jar the building such
an extent that It is almost impossible for his family
sleep. He applied for Injunction to restrain the
defendant from 'nrther continuing the barrcades,
ana also asked $4,000 damages for the Injuries
he had, already received. The defendant denied
that Field acquired right to open MAINTAIN
windows and that although he temporarily allowed
plaintiff tho OF the windows, yet he reserved
10 himself the right 10 close them any time
wsned. He states further that when the plaintiff
were merely open suierance, and he had put up
tue Darricudcs 10 msell his family
noyance VI having tneir privacy disturbed He stated,
III conclusion, that the same put up in work
minIikc manner, on his own premises and in
sense unlawful o nuisance. The q
arctcr.e, reported lavor the dele
yesterday Chief Justice Daily gave judgment IN ac-
cordance Win this report. sa4A VI es
BANK DEPCSITOR'S BEWILDERMENT.
Thomas q. Clark, who was Tor a long time a dcpos-
tor the Mechanics National Bank OF this CITY, has
brought a suit against tho bank TO recover u largo
balance which he alleges 10 DO due HIM aud which The
bank refuses 10 pay. In hrs complaint Mr.. Clark
states tnat the aggregate amount OF his deposits
In the bauk $159,659 81, out OF which
he $l32, sos "a, leaving q balance Of
SGT, 14o 90 sl,l que him from tho bank for
wnicn sum he has brought suit lie says that tho
1914 ol October, 1851 the last named charged
10 account ny the dcicndaDts who Jailed notify
him until year attcfward. The bank then claimed
that II has his checks 10 that amount but when he
called tor checks the defendants. although claiming
have them, iailed 10 pr IL, anu tue pre-
that they were misaid put HIM OF until Ucto-
Der. 1872 When they denied Their liability ms
nim,t balance OF 1896 in plaintiffs favor on the
10Th oil july, 1864; but aliege on accounting
iu th.t y.rr and at various times subsequently
up To June o. 1874, balance was found IN PLAIN
nuts lie aggregate amount VI deposits clamed but
deny the olher material allegations CON-
pl.iuL II also sets up the Statute vi Limitations.
The principal point IN dispute Is as to whether tho
cheeks alleged 10 DO lost were drawn by the
piaintn, wh0 denies that they The trial OF
case WAS commenced yesterday before Juuge J. +.
Daily, in the Court OF Common Plea, and stu on.
Mr. - Bruce appears attorney Tor the piaintn with
si. William A. Beach COUNSEL while Messrs scott
anu Iosne, WIN ex.Judge Porter, as counsel appear
Tor the deiondanL