The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-04-05
THE COURTS.
Legal IDquisition in a Mixed Up
Mortgage Case.
HEALTH OFFICERS IMMUNITY
important Decision as Affecting Hotels
ana Boarding Houses.

Before Judge sper. in the Superior Court thsrs
commenced yesterday the trial Of suit brought by
Benjamin p Fairchiid, the old bondsman OF William
n Tweed, against Theresa Lynch the facts OF which
are somewhat interesting. The action 10 brought by
tho plaintiff to $4,000 alleged deficiency
on mortgage which he claims she assumed. Accord
ing the showing or the defe would
IN 1873 Fairchild, man named Leonard and real
estate broker got up scheme to maze mortgage for
$4,000 on house Of III repute In Twenty-sevsnth
street and get assumed by some party other than
Fairchid. On February Fairchild entered into a
contrac. with Leonard sell the latter the house for
e2l,5oo payable $1,000 in cash. S., 500 In Brooklyn
lots heavily morsgagcd, ana Leonard TO assume the
payment Of mortgage Tor $l5 900, which, as alleged.
Farchild represented being then upon his properly
Fairchd at the time did not own the property and
there mortgage whatever on It. Fairchild
shcn made a with Barber, the owner OF the
house, days alter Faircnild had represented
the house his had agreed TO sell u he got the
title 10 II by conveyance from BarDeE On the
Gay Fiarcnhd made . mortgage Tor $4,000 on the
house aud friend OF his named Luyster though
Fairchild and Leonard had made between themselves
this contract to BUY and sell the house Fair.
chiids broker called upon Mrs. Lynch and
Informed her thai California gentleman had
house in Twenty seventh street, which was subject
TO mortgage OF $1,000; that the equity over and
above the mortgage was worm SILL 000 and that the
California gentleman would be wiling trade his
equity IN the house and take his pay In diamonds,
$Ii, 900 IN diamonds over and above the mortgage.
che replied II the equity worth II would. The
broker then asked her husband to 20 and look az III
house Shortly after Faircniids broker called again
on Mrs. Lynch and introduced tine looking gentle-
inau MS Mr. Leonard the owner OF the house that he
hal spoken about. Leonard said
WAS about leaving for California and wanted
10 get some ane diamonds, and would like to sell his
equity IN this nouse for SILL 900 in diamonds PROVIDED
tncy could agree about The price OF the diamonds.
he selected The diamonds TO tne amount Of $ll 900,
ana he agreed convey to her the house. subject
the mortgage, for the diamonds. Not word WAS said
about her assuming payment OF the mortgage, but
days Leonard informed hcr that he ready 70 con-
vey me house 70 her. and u sue would
BY MIN the deed would be- ready Accord.
inely the package was sent down to that
oiiice by boy, ana he came back and reported that
SAID they would put the deed on record. Leonard
took the $1l,oo0 worth OF diamonds, pAia Failchid
tue 81 900 money, and got friend Of his to con-
vey ia Brooklyn TO Farchiid, and tho latter
executed deed o. the house and lot in Twonty-
seventh street, stating the consideration 20 be not
$2l.500 his contract with Leonard called for. but
$26uO0 and making the deed not to Leonard, as his
the deed That Mrs. Lynch assumed the payment
Ot tho $15,U 900 mortgage. Mrs. Lynch was Informed
as excuse Tor The deed not being shown 70 her that
She has seen this deed, although Il was re-
corded In days she learned that The house this
so-calcd California gentleman mad sold her was
place OF III repute, ana she sent tor the broker, not
knowing that no had anything TO do with
ing her 10 the character OF the house,
aud ordered him to have IT sold at once Tor
whatever no could get. He soon secured purchaser
and the sold she losing The whole Sill O0J
As soon MS Farchlld had disposed VI the house hts
mortgage Luyster Tor loO0O assigned back 10
hun ana he assigned II To some else. The mort
gage was forecIosea three years ago AMI the house
only brought ABOUT Lwotnirds OF the mortgage, and
Fairchiid, as The mortgagor aud bondsman, was CON-
PEELED TO pay tho deficiency ana ny HE SUIT against
Mrs Lynch she discovered mat tho mousse
WAS not conveyed 10 her by Leonard ut all
but by Faircnild. in the manner act forth
above He now Aues her, undcr this alleged assump-
zion OF the mortgage tho dood made TO her, 10 re-
cover the $4,000 deficiency she SETS up as defence
that the wnoe thing was fraud upon her. Mr. FAIR
child CLAIMS that AS The deed 10 her was put upon
record she thereby accepted all It's conditions one OF
which was the assumption oil The mortgage. 10
claims further that he did not know Mrs. Lynch In the
transaction AT ALL but only made the deed to her by
Leonard's direction. The trial Will PROBABLY occupy
day or two. Mr.. Cowdrcy appears Tor the paintin
and Mr.. Dexter A. Hawkins Tor the defendant.
PROSECUTING A HEALTH OFFICER.
Thomas Slowey, mix dealer, sued J. Blake White,
m inspector OF the Health Board, for $4,000 damages
for causing his arrest upon the charge OF selling
sduterated milk. The tried yesterday, In
the Marine Court, before Judqo McAdam. Upon tho
warrant issued at Whites instance, ana was
held Tor trial, which Was had at tho
Special Sessions, where Slowey was honor
ably acquitted. Upon tho CONCLUSION OF the trial
IN the Marine Court Judge McAdam dismissed the
complaint upon tho ground that the DEFENDANT
Official position just ieo making the complaint
lie believed IL to DC true and that tho action being
for malicious prosecution malice could not be- inferred
from the mere want OF probable cause, and there
beng evidence of express malice or corrupt motive
ahar4 null M