The New York herald., 1878-03-09
THE COURTS.
Important Decisions by the Supreme
Court, General Term.
DIVORCE SEEKERS ON THE RACK.
Another Effort to Deplete the
Municipal Money Bags.


the last January term. An abstract OF the moro i'm
portant decisions Is given below. Among tho leading
cases that OF the People against the Bank
of North America The case was brought before tho
Court on an appeal by each party from judgment
Interest upon the report of referee. Tie plantin
pompianed that tho defendant mad converted
con drafts which had been sent by county
treasurers by mall directed. seven TO tho Compro-
ler and three the Treasurer OF this State with tho
intention OF enccting payment OF the quota OF tho
State tax due from their respective counties Tho
referee found IN favor OF tho plaintiff as 10 eight
drafts amounting to $40 $50, and awarded that sum-
with interest," as damages for their conversion From
this part OF tho judgment the defendant appeals
Tho reforee found favor OF tho defendant to two
drafts amounting to $4,000 and refused to allow
damages as them. From this part OF
tho judgment the plaintiff appeals There are
also appeals on both sides from orders reius-
ing TO send the back to tho roferee for fur
,ber findings. The sole inculpating fact charged
against tho defendant is the drafts In question
passed through It's bank collection the ordinary
course of business The eight drafts which tho
referee found for the plaintiff were indorsed estate
Treasurer. per G. Il. Phelps, Cashier" The two
which the referee iound for the defendant
wcro indorsed, Fulton Paul, Dep Treas" The
plaintiff says the drafts were the property Of the
State, and thes Endorsements were not authorized
In an opinion oy Judge DAVIS ne states @ 'nns S ca0n
founded showed distinctly that the referee had
already passed upon each and every ol the ques.
tons presented by the requests by refusing 10 nnd
the same requested. the motions no holds were
: properly denied. In an opinion per curiam II Is
stated that the defepdaut appeals from the judgment
oi SOL 791 81 damages rendered on the report OF the
yce against the bank Tor the value OF eight Of the
drafts described the complaint. and the plaintiffs
appeal from the judgment in favor Of tho defendants
In respect two other drafts mentioned In tho CON-
plant amounting to $40, ,000 rho opinion then goes
on to say that not only largo sums involved
In the case, but principles and questions OF
great interest and Importance. In the anomalous
Condition however, of the case Is decided TO be the
moro iudicious course Affirm the Judgment pro
lorna. Having thus decided, 1t Is deemed proper to
add that in the opinion OF tho Court neither OF the
judgments would be disturbed upon any question OF
case nding In its Judgment upon questions OF law
arising from findings OF fact madc by the referee sum
cient to uphold the same.
Another decision rendered In this court yesterday
was one reversing the judgment OF the referee who
dismissed the complaint OF the various editors and
reporters on the Republic who sought, through their
assignee, Mr. Herres to recover their unpaid salaries
from tho stockholders in the New YORK Republic
Newspaper Association On the Trial OF the cnse Mr..
Denis A. Spellissy, plaintifs' counsel, claimed
to have proved that certain OF tho defen-
danls were stockholders by Offering In evi.
dcnce the certificate OF incorporation. signed by
them In which they designated AS the trustees
who were TO manage the affairs of the corporation for
the first year and further claimed that having thus
them be such stocKhodsrs the presum pton OF
law was that they continued 70 oe SO until me contrary
Bcnting from this view, dismissed the complaint, on
that the defendants were not shown to be
stock whom the Indebtedness sued for accrued
To this decision Mr.. spcssy excepted and carried The
General Term for rcvew, where he tee
appeal January being opposed by Judge Fhan and
Messrs Arnoux, ktch and woodiord, counsel for Mr..
Wesley exCongressman Platt two OF the trustees
Judge ingalls, wrote the opinion OF the General Term In
which he throughout supportS Mr.. Spelessys view
Of the law and holds that the complaint should not
have bcen dismissed upon the facts proved tor the
plaintiff He says that to DO trustees thuy wero
uuired be stockh odcrs, and in that capacity they
ted themselves to the public and should not DO
siow.d TO deny that relation the corporation rs
against persons WHO have rendered services as labor
such association, and that, having been thus
shown 10 be at the time the corporation
WIS formed, they will be presumed 10 continue such
until tho contrary shall be shown.
Among be remaining decisions handed do
ths OF Judge Flanagan, against whom the Grand
Jury OF the Court OF General Sessions at the April
Term Of 1875 presented an Indictment ior obtaining
money from the city by false pretences hrou gh
ying that ono b. +. Haskins. whose name the
payroll, discharged the duties OF stenographer In his
Court whereby he obtained SALARY from tho city as
such stenoerapher The facts oil the case have already
been fully puDlished. This indictment was quashcd
by Judge Sutherland. An appeal was taken from
decision this Court wncre Judge Fanagan person
and William f. Kintzing strenuously resisted the
grounds Of appeal, contending that the decision OF
Judge Sutherland was thoroughly sustained by tue
soundest principles OF law and equity. Judge Davis.
elaborate opinion, also sustains Judge Suther.
laDo, tue effect OF which is complete vndicatOn Of
Judge Flanagan.
Five decsion MS in city cases. four of which were In
lavor of the city, were also handed down by the
Court-ln Tho matter OF tho Protestant Episcopal
Public school TO vacae an assessment for curong and
Tagging First nvcrue. The assessment laid IN 1918
sought to aside the ground OF fraud In tho
lcnty omitted from the assessment list by the asses
sors THIS question came before the Court some time
sncc, when IT was hcd that there was fraud In the
present case testimony was produced showing the
reason ior the omission. The Court held that there
fraud aud sustained the assessment In the
matter OF Tue Protestant Episcopal School vacato
y assessment Tor regulating and grading Sevonty-
sixth street, tho assessment sought to bo
vacated the ground tnat the property mad been
omitted IRON the assessment list anu that tnero had
been fraudulent overestmatcs in tho return OF tho
work to the Department. of Public Works. In their
decision yesterday the Court decides that property
whicn should have been included IN the assessment
list had been omitted and tnat the return was correct
In tho matter o DeIaheL To vacatc an assessment or
paving the Boulevard The petition was sought to bo
relieved from what alleged excessive to the
assessment Tho Court holds that the distribution
the Is witnn the control OF the assessors
and not be reviewed except upon an aeg alton OF
fraud. This decision directly involves an assessment
upon the petitioners property OF % lS0 but as
the cntire assessment for paving the Boulevard from
the Circle ut Fiity-ninth street to l55h street
about to Dc contested, large amount. estimated at
&500,00O, Is really aected by this decision, In The
cases o the Protestant Episcopal school, George c. |
Genet appeared Tor the pettouor, a. Beal ior tho
city. In the matter OF Dellaleid the petitioner ap-
peared IN person. Nr Bcal Tor the CITY In the suit
oI Charles Gudet against the Mayor in which month
since the city Obtained a dccsion In tner IA
Tor about $50 600, tue plantill moved ior new
RIa at the last General Term his motion the Court
yesterday denied
In tue IN alter Of tho opening OF I56,h, l57,h l5sth
anu l5gth streets tho Comm OF Estimate and
Assessment in July, 1876 advertised their report Tor
confirmation. The proposed assessments upon tho |
property for benefit then $j2 32s aud the
awards lor land taken SOL 22S. The property owners
lssesscd employed Mr.. James A. Dcerng as counsel
and filed objections to the si. These objections were
sonsdcrcd and the assessment slightly reduced but
the for land taken remained Tue report wns
presented for confirmation TO Judge Wcstbrook at |
supreme Court, Chambers, IN July 1917, whom tho |
counsel for The property owners moved that the
mater be referred back TO the Commiss ioncrs,
with Instructions to consider testimony offered Wy |
binI, whIcn hc contcnded showed that all The land
WITHIN the streets had been dedicated to public use,
that awards Tor damage snouid bc made. Judge
Westbrook granted tho motion. From that order the
Corporation Counsel appealed 10 the General Term.
The point presented was whether under the statues
regulating proceedings IN street opening Gases, Tho
Court could interfere aDd permit objections and testi
mOny be received anu consiucfed aitcr the |
time limited by statute and the Commissioners |
potcc, and secoDd, whether sufficient evidence OF
dication presented make II necessary to send
bhe rel port back that purpose. Tho General Term
yesterday affirmed the order OF Judge Westbrook. The
ppinion vi tho Court written by Judge Ingalls, who
holds tho Court has iuil power ana control over
proceed ings Of this character and may make any