The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-01-22
THE COURTS.
Penalty of Not Needing Old Weller'S
Advice About ssVidderS."
DIVORCE IN HUMBLE LIFE.
responsibilities Of Trustees Of Savings Banks
on Individual Bonds.

William o. Jackson, becoming enamored Of Anna
NJ Jackson, widow ana distant relative, formed as
he says an engagement with her, Whether the alice
ton Of Mr. Jackson any time recprocated docs
not appear, but they continued forms OF apparent
Intimacy for long time Meantime. as Mr. Jackson
Says tho object OF his affection succeeded In borrowing
all his money from HIM, amounting in tho aggregate
10 about $4,000, which she used In building houses
on OF and otherwise improving her prop
erty He that after having thus procured his
money she quarreled with him and broke her promise
to marry hun Believing that he had been badly
treated, and for the first time suspecting the honest
Intentions OF Mrs. Jackson, he brought suit against
her to the money thus borrowed In tho pro-
OF this suit no obtained attachments against
her property, aud the fair but alleged athless Anna.
being thus financially embarrassed by force OF the
Attachments sought reconciliation. This was soon
brought about, and Mr. Jackson trusting as no says,
to truth and honesty anu alter many inportu-
mites, finally agreed, upon her promise to marry
the removal of tho attachments ana the discontnu-
ance OF the suit He now claims that contrary TO her
promise aud ~ plain violation Of the agreement be-
tween them. the widow soon after married Richard r.
Hunt ana left him completely IN the lurch. both mat
rlmonaly and financially. He accordingly applied in
the Court OF Comnon Pleas TO nave the action aud lis
pendens revived, and the releaseand dscontinuanco
vac-ted. Mrs. Hunt nee Jackson, denios all the ae-
cations OF her former alleged lover, and that the
differences between thcm iairy morally
settled and disposed OF long ago, and that she never
a. any time promised or INTENDED 10 marry MN.
Judge Van Hoesen yesterday rendered tue following
decision IN the e:-'Upon the aldavits presented
IN this motion, conflicting AS they are and un-
satisfied as l am alter carefully reading them,
l cannot Set aside Tho release ana tho order Of
discontnuancc Inc plaintn and the defendant
positively contradict each other as 10 their
having becn agreement between them marry.
The plaintiff swears that tho d0endant's PROMISE TO
become mis- wife the main Mducement Tor signing
the release and the consent discon nue tho
Tho defendant swcnrs, the other hand, that deed
OF some land In New Jersey, the assignment OF mort
gage upon some properly IN Now York and the re-
hnquishment OF her money demands against MN
consent TO final settlement the SUIT ana thai
Al any time did she promise encourage the plaIntin
TO believe that she would marry him. The principal
corroboration the plaintiff receives Is from tho
affidavit OF Emma Walcot and the affidavit oil William
5. Jackson, the defendants Both these persons
swear 10 admissions mado to them by William
McGinn, doendaprs lawyer, whose statements,
II they correctly stated ana II they
can be rolled upon, certainly show that tho
plaintiff was cntrapped and cheated into sgnln.
lease and discoD tinuDg the action Upon the other
hand Inc aldavits OF Mr.. Courtney ana Mr.. Church
time the releases executed and for seventeen
months afterward, afford very strong support TO the
statement OF the defendant and tend 10 exonerate her
entirely from the plaintiffs accusations Upon such
allowing as this u would DC In my opinion an abuse
OF discretion 10 disturb tho release and the order OF
cannot be dono In any other way Will any Court
tempt TO revive notice OF lis pcndens. Hero tho
paintin Is at liberty TO bring an action for tho
cry OF his money and Tor the setting aside OF the
leases, and upon giving adequate security, he may OBJ
tain an Injunction. which will give MN protection
ample as he could secure by revival OF the lis pend
dens. Tho plaintiff should DO left 10 his action. The
motion ucuied.'