The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-19
A DELINQUENT REFEREE.

Judge J. +. DAILY yesterday rendered an important
decision the case Of the Exchange Fire Insurance
Company against Martin J. Early and others, which
came before him in Special Term OF the Court OF Com
mon Pleas motion by infant defendant for an
order directing resale OF mortgaged premises. Tho
resale asked the ground OF rregularlty in the
Judgment IN that tho referee whom referred
Ito examine the plaintiff or his agent oath as 10
any payments which nave been made Tor
o The nond and IN on ed In the com liant
lake proof OF the fctS ana circumstances stated In
tho complaint and 10 compute the amount
DUE, did no, take the oath prescribed py
the Code section DIG; ana, sccord, tor inadequacy
of price upon the sale There Is an infant
defendant whose answer raised no issue, but the
defendant, Martin D. Early, lnterposcd an answer
which put Issue the material allegations OF the
Complaint lie made default when the cause was
called tor trial, aud thcreupon the Court made the
order OF reference. The referee tailed take
The oath prescribed, as stated. He reported all the
facts piointiii's favor and the amount due. and
judgment Oh foreclosure ana sale was entered The
properly sold Tor which is said by witnesses
side little more than nall IT'S value, and by
witnesses on the other SIDE 10 be very nearly It's iul
value. Judge j. f. Daily scts aside The sale and orders
resale, holding that Ine points taken are good
COMMISSIONS ON A CHURCH SITE.
A SUIT brought by Albert J. Kendall against George
II. Petrie rial Yesterday, before Judge San
lord, in the Superior Court In his complaint the
paintin states that in 1871 he was employed by the
defendant who was real estate broker, to assist him
in his business salary OF 500 per month and
agency lnat about March or April Mr Patton applied
10 the delen dant TO procure sito for church In
the ncighbOrhood OF Central Park; that made
digeut search Tor eligible plot OF Land, and,
among Others found SIX lots fronting fiith avenue
nnd tity MIN street ADJOINING, and outained
permission sell aitcrwar1 dld sell
the same to DR. Hll's congregation tor S350,OO0,
which he entitled TO per comm ss.on, being
$500, Tor which sum- win interest," he demands
Judgment The answer states that the plaintn was
only hired Il clerk with understanding that n
lie should influence any business OUTSIDE OF the gen.
eral business under defendants control he SHOULD
such commission ana ~ no other case that the
sale question was brought about through the de-
fendant, tlal tho plaiutil had nothing DO with
1t discharged before the negotiations were
commcncsd
OLD NEW YORK HOSPITAL GROUND.
A portion OF tho ground formerly occupied by the
New YORK Hospital, on Broadway, WAS leased by Mar
iha C. Cos Tor OF years, under the idea that
she would not be obliged TO pay taxes. she put up
handsome building, at cost OF 100000. but soon
discovered that she had $1,000 TO pay add
lion TO rent. Sho refused to pay this sum and
suit was commenced against her by the hospital. In
the meantime summary proceedings were taken
against her and she was compelled 10 pay up to avoid
being evctcd. Having got tDeir money the company
desired 10 discontinue tue other SUIT and Obtained
PERMISSION 30 TO do upon payment OF costs. The
court niterward added to the ordcr additional
counsel fee OF $500 judgment which entered
barrett yesterday decided that havng once accepted
the order OF uiscontinuancS they could
back ON u. Mr. EibrGge !. Gerry appeared for the
hospital aud MIR. John H. Parsons Tor NJ r.. Coo.
SUMMARY OF LAW CASES.
petition was entered yesterday by Mrs. Marshall,
sns widow OF Jonn y. Marshall, Tor letters OF adj