The New York herald., 1878-09-26

~ w - OAeAN
alleges that be purchased for value claim oi the
Somerset Coal Company against the deendants, ars-
ing sustained by the company on car 20
OF tho barge Metropolis, and that such losses wore
covered by potcy issued TO tho somerset Coal Com
pany by the defendants and he demands Judgment for
Inc losses, amounting to l,2ls 67; The defence is
tnat the risk the cargo obtained was rauouient,
ana tina, the plaintiff or ethers connected with him
affected settlement win the owner OF tne tugDoat
which had gently collided with the Metropolis,
whe reby the owners ol tug boat we're discharged
from Liability. Judge Van Worst Yesterday granted
motion 10 examine the plaintiff before trial
David KEYS was arrested recently IN suit brought
by Babitta Woger for alleged breach oi promise OF
marriage and seduction ne was = p'acen 20 ,"r %s
Alfred LYMAN, in West Twentythird street, oy wnom
the painsiG was employed as cook she says that ia
Nav last he promised TO marry her ana subsequently
seduced her on counsel stating that tho defendant
was willing 10 marry her Judge Donohua gave an
jail al tour =. NJ to-day, and IN the defendant
marrics her he 10 be discharged from prison, out
otherwise 10 remains in jail.
In n suit brought by john widaski against Benno
Loewy and Nathan LOWS, IN which an order oil arrest
before Judge Sheridan. In Marine Court, Chambers
10 have tue bond on arrest cancelled and the oonus
men released on the ground that inc nature OF TUE
bond not been explained 10 them al the ino tney
signed it, This motion denied yesterday, with
$40 costs, to bs paid by the bondsmen personally.
Judge sheridan remarked In connection win dis de-
els ION that about time bondsmen should DC neid
TO responsibility for knowing the nature OF the IN.
strument which they execute and on the Iath OF
winch the Court xercises jurisdiction. The AFFIDAVIT
In opposition the motion stated that tho nature ol
bond had been iuly explained to the bondsmen At
the time they signed II.
A motion was made before Judge Dononue, In su.
preme Court. Chambers, yesterday a. Inc sur .,
Democrat. 1t appears that Major ~ r. Conynghan
was original proprietor al the paper, and that he
took Mr Robert White into partnership win hiul
Subsequently friendly sale was made by the Sheriu
oil the paper and their printer, George La Faye,
bought in their combined interest Major Cony ng-
ham lett tor Europe and on his return White and La
Faye, alieged drove him from the paper. me
present suit was instituted oy Gfeaisof, any On tns
report oil tho referee and with the consent OF MAJOR
Conyngham, Judge Don ohue appointed Ar. Edyerton
receiver mis- case. Mr.. wh,te's oounssi opposed
the motion. Judge Donohue having heard counsel
on both sides ruled IN favor OF receiver
Among the initiate suits brought TO test the ques-
ton whether The elevated railroad is nuisance IS
one brought by Isaac n. Banvelt against the Metro
politan Elevated Railroad Company. Mr.. Blauvelt
In stating lis cause action, alleges that Sixth ave-
u public street, and that Tor somo time past he
has been and the owner and IN the quiet pos
session OF No 274 Sixth avenue out that the loud,
rumbng noise of the defendants' cars has disturbed
him such extent within the past ten days That
he has suffered damages TO the extent OF Soo 100
which sum he the company. The Defendants
having tailed 10 serve answer witnn u time ex-
tended by the Court an order deeming the answer
abandoned yesterday entered by Judge Van
Worst, In tho Superior Court Special Term.
Some timo sinSs Marietta h. Stevens made applica-
ton 10 surrogate OF this county To be released az
surety on the bond OF Charles e. Stevens OF the
executors OF tho late Paran Stevens. citation was
issued to Mr. Stevensto appear and gave new sureies
Since his appointment as executor hc mad liked his
residence Massachusetts and the citation was there
upon him personally On the day hxcd ior the
return objection made that tue service on hun IN
another State VOID and he was not bound " re-
spopd. Alter deIiberaton on the question thus
raised. the Surrogate rendered decision yesterday
holding the executor bound by the service
While Hugh Gartiand was sitting on u stoop at
Thrty-lourth and Tenth avenue on tho evoning
OF the lst he was approached by James Hogan,
living At NO. 443 West Ihiry-nrst street.
who struck him Ia the lace and robbed hiln oil his
watch. The robber was promptly arrested and on HIM
were found knucklss with which he had nficted
the blow on his victim When arraigned for trial yes
terday in Part OF the Court OF General Sessions he
pleaded guilty, and Recorder Hackett sent him 70 the
State Prison tor seven years. Another thie named
Johu Foley. VINO assaulted ana robbed Arthur +.
Baldwin, OF No. SO Warren street, OF his gold watch
and chaiu also pleaded guilty. In consideration of
hts youth the Recorder Inflicted the mitgated pen.
atty of three years IN the State Prison
In the OF Emma dc Forest, who, on tho CON-
plant OF Anthony Comstock was tried IN the Court Of
General Sessions yesterday the Charge OF keeping
a disorderIy house IN Greene street, Mr. John y.
Mott counsel, moved tne Court 10 direct toe jury
10 acqut ground that the evidence was insuf-
ncent to sustain the charge Judge Gildersieeve
gran the motion, and Assistant District Attorney
Herring TO remark that ne believed the
whole matter conspiracy gotten up to lDJarc the
Captain oil the precinct in which The raid was made
ana he thought that Mr.. Comstock, while earnestly
aud sincerely performing his duty had, unwittingly
Oh rs part oeen used to further the plan.