The New York herald., 1878-03-05
Important General Term De-
cisions on Appeal.
AN ADJUDGED LUNATICS COMPLAINT.
Tommy Lynch's Hostility to
| Insane Asylums.

csl0ns IN Inc nr5t men TONED appellate court - tnat
In the case OF George r. KinssUury and another
against Michael Kirwin. It appears that In July and
August OF 1876. the plaintiffs. who wore cotton
brokers, were employed by the defendant aud under
contract sold for him at certain price 900 bales OF
bottom for delivery September and October follow
Ing, the defendant paying the plaintiffs certain
sum as margin. Tho plaintiffs claim that 1t was
agreed that unless tho margins were kept good
under the rules they wore empowered to close out.
because they would otherwise be Obliged to make good
The losses 10 other parties The deicndAnt failed 70
make good his margin ana the cotton was sold, che
plaintiffs settling with other parties They
now to the margins advanced by thom. rs
also their commissions. Tho defendant claims that
the transaction Is void under the statute against
gaming and betting. and that there actual sae
ne also Claims return Of tho moneys paid as margin
The General Term, Chief Justice Curtis writing the
opinion, overruIes this defence and allrms the judg
ment below in favor o. the plaintiff.
Another decision In this court also given In the
ease OF Abraham Van Doisen and another against
William L. Abendroth, implicated, which Is suit TO
recover on a promissory note made By the firm OF
Griffith Wadrum and signed by that FIRMS name
The defendant rs sought to be charged q general
partner IN that nrm. He claims by his answer TO DO
only special and to have been adudged TO be
such in proceedings in the United States District
Court, to which the plaintiffs were parties ana BY
which they were bound Tue cssc came before the
Beueral Term appeal from interlocutory
Judgment at Special Term ruling out certain defencss.
fences are good. r., y,
case Of much importance. not by reason OF the
amount involved but because Of the great number Of
similar actions which constantly arise, has been de-
cldcd in favor o the city by tce General Term Of the
common Pleas. ln August, 1872, Kan Brothers.
intending to pay two assessments on lot owned by
,nsm and known as ..Lot SO B." paid by mistake on
discovering their mistake, they brought suit &c. Fs
cover back the money paid and under tho decision
not defend. but, upon ascorlaining the facts
TO be as stated In the complaint, allowed judg.
by KiIlian Brothers on 'Lot so A" an entry was
made tho assessment list opposite That lot paid
BY Killisn Brothers." When this money was repaid
10 them the entry ''paid" was erased anu the city
proceeded 10 hold the lot $50 A" Tor the unpaid
sessments Alter the original payment, and before
the discovery oi the mistake, the plaintiff IN tho pres
ent action, Mrs. A. T. Curmen bought the lot $50
Az Her iawyer made search TOR encumbrances on
the property, and finding these assessments marked
.'paid" reported the land clear ON strength Of
which the plaintiff bought. She now, as ian honest
Iloring OF the lien against the the collection OF
Ihe assessments Tne General Term, sustaining the
report Of me noias that she has no cause Of
plaintiff aud William c. Whitney and d. j. Dean for
he city.
been tried three times, aud decision reversing PLAIN
hns last verdict rendered yesterday by The CON-
mon Pleas, General Term. The claim was Tor uam-
ages 10 plaintiffs tug, which injured by running
on some guards or lenders, which, having been previ
end Of pier 9s North River The court substantiaiiy
hold thnt tue river Is not highway OF tho city and
that the city owes no duty TO the public In respect Of
tho piers. essrs Edwards 4 Odsll appeared Tor the
plAin.n and William Z. Whitney und A. J. Requier for
the city. Judge Robinson writes sho opinion OF the
Cour Chief Justice DAILY wrtos an elaborate dissent.
ing OPINION.
Cyrens smith, being the inventor OF an ssabdominal
yupporter," In order advertise Its advantages
cured space In tho American Institute during the fair
pi 1875 She got out circular which described In
PLAIN terms the peculiar exceilonces OF inc inv venon
but the managers OF the ialr thinking that the Same
wore Immoral, put her out and cancelled her privI-
lp0a hrOu uOht q dQ m aQQ N
The trial recovered q verdict. The defendants ap-
pealed and yesterday the General Term OF the Court
OF Common Pleas reversed the judgm the Court
holding that the plaintiff by her own conduct de-
pivea herself of all benefit OF her contract and that
she and her goods under the circumstances were
rgntully elected
AN ADJUDGED LUNATICS STORY.
suit presenting some rather curious counter alle-
cations has been brought by Mrs. victorine N. Nc
closkey against Jasper B. Lewis, impeadod with
sister and two daughters Of the plaintiff Mrs. Nc
Closkey, as shown In the papers, was married to
her present husband, Dr. Antonius McCIosksy,
in 1869, she having been previously married
10 Mr. William Jackson, BY whom she
had three children. An uncle Of Mrs. Nc
closkey by his will left what is known as the
NcCloskcy farm, comprising some four hundred and
oriy acres situated in the town Of Alexander, Gene
see county, in this State, to her aud two OF her
brothers and sister, The brothers having died
Bho claims the largest interest in the farm. In
addition TO this property Senator Christiancy, OF
Michigan, made trustee Of $lO,500 under
The will of Mr.. NcCloskey, deceased II Is
charged Ia the affidavit OF Mr.. Lewis that the
present husband Of Mrs McCloskey, ia soldier of for
tune, with visible means OF support, and, ap
parently, living by hts Wits met the plaintiff and
thinking there was millions IN ~ married her
that both before and sinco his marriage he has
been assiduous II his endeavors and con-
slant and prolific IN his legal experience 10 get
the possession control OF all her property; that
between the htigvus OF the one and tho rivo-
lous imbeclli,y OF other they managed short
time to dissipate oil OF plaintiffs property
cave ne usi IN r ne DaadI de- on
quircndo was issued by the Court of Genesoc
county and the result was an adjudication that Mrs
McCoskey was OF uusound mind and not capable OF
taking charge oi her properly Under this judgment
Dir. Lewis vas appointed u committee OF her person
quentiy rsopsnea referred Judge Taggert, who
reported IN avor OF Airs. MCloskey, declaring that
county refused to confirm this report. and now suit
has becn brought by Mrs. McCoskey as stated above
against Mr. Lewis, with view TO affect bis removal as
ommittec or her person and estate and give her
the control Df her, property. rue fnStter
before Judas Lawrence, IN supreme Court Chambers,
on motion TO change tho place OF trial from
this city to Gencsee county, the last named
SUIT having been brought horo. Mrs McCloskey
charges that while living hero she was decoyed TO
Genesec county upon pretoxt that her daughter
sick, aud tna while there the iunacy proceedings
were Instituted against her. sho declares that this
city Is ner residence and thai the case should be
tried here whereas alleges that Go csee
county Is her residence and has been for a
good many years, and that, instead of being
resident OF this city, she brought here surrep
titiousiy by her husband and kept concealcd here.
Sns cnarges that the whole thing is conspiracy TO
deprive her OF her properly. The defendants say
that her interest In the McCloskcy farm Is enoum.
bered for more It's value, that she pawned her
stIverwarc. gold watch and clothing In Bui-
faIo, ana climax they assert that she
has been or years addicted TO excessive drinking and
taking cpium large quantities, and that altogether
she IL ruined III body and mind. Judge Lawrence
mics the motion 10 change the place Of trial.
THE WILL OF JOHN l.. BROWN.
An adjourned nearing was held yesterday before
Surrogate Calvin tho matter OF opening the probate
TO the will ofM John L. Brown, The well known
street cleaning contractor Mr.. Dcyo, OF The nrm OF
Doyo Field, testified In reference to his knowledge
p the retaining OF his firm by Mrs. Sargent, sister