The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-12-06

the case of Luers administrator. against Brunjes,
raised by the demurrers Of two of the defendants.
The Judge holds that where executors have been
moved. and in their place administrators cum tesla
mento annexo have been appointed the securities OF
the estate pass without any formal written assign
ment of them by the displaced executors and that it
is sufficient to alege that plaintiffs hold title from
their predecessors by operation of law. The ques-
ton comes up on the foreclosure of mortgage for
s3sOOO on the sugar house property in Canal and
Washington streets. and the Court overrues the de-
murrers George +. Martens and Horace Secor, Jr..
appeared in support of the demurrers and Elliott +.
Shepard in opposition
The apartment of Justo Ecchevarria student at
Fort Washington College, l71st street and North
River broken into on the 9th ult and the thief
carried of gold watch and chain and silver coins.
On investigation it asccrtaincd that Joseph
Duval, colored waiter living at No. 135 Spring
street, had suddenly left the institution When ar
rested he acknowledged having taken the watch, and
on being arraigned yesterday in Part of the Court
of General Sessions by Assistant District Attorney
Lyon he pleaded guilty, and Judge Gidersleeve SEN
fenced him to two years and six months in the State
Prison.
Joseph Hartman obtained Judgment in the Su-
preme Court, Circuit, before Judge Donohue and
jury, yesterday. for $3.50 against the city. The
amount claimed was for services as janitor Of the
Fourth District Civil Court during five months in
1871 The defence was that the plaintiff H. held over
lawful. and when that law was changed and two
assistants allowed who were paid by the city. The
Judge formally directed verdict against the city,
leaving it for the General Term to decide the ques
lions OF law. Mr. Sanford Elliott appeared for the
plaintiff and Assistant Corporation Counsel d. J.
Deane for the city
York Fire Department. was defendant in suit tried
before Judge McAdam and a jury, in the Marine
Court, yesterday, in which Fanny Kulp sought to re-
cover 81 900 damages for loss of services OF her
daughter, who died in 1874. 1t charged that the
daughter had been seduced by the defendant and had
died in childbed. The defence denial that the
defendant the culpable party, and other frcmcn
produced who testified that anterior to the date
mate with the deceased girl they had been intimate
with her. The jury found verdict in favor OF the
defendant.
On the LIST of November last John L. Parker made
an assignment to Henry A. Marriotte, the assignee
uniting in making the instrument and accepting the
trust The assignee failed to prepare schedules, de-
laying such action until Parker had obtained sureties
to go on the assgnee's bond. These sureties, for
various reasons, not secured, and application
was made to Judge Van Hoesen Of the Court of Com
mon Pleas by the assignee to be discharged from his
trust and for leave to reassgn to Parker. Judge Van
Hoesen, in a decision rendered yesterday says
'Marriotte evidently views the assignment as mat
ter in which only Parker and himself have an inter-
est, and he does not why Parker's creditors
should be consulted be paid. Instead of granting
Narcotics application for discharge and for leave
is to remove him and to hold him to strict account
ability for the assigned estate. Any creditors of
Parker may now apply to the Court for Narcotics
removal for accounting and for the examination of
Parker and his books. The application of Marriotte
is denied"