The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-11
THE COURTS.
Varying Phases of Friendship, Trust
and Tenancy.
THOUGHT IT A JOKE.
The Transparency OF a Wife
Beater's Defence.

There has just been concluded, before Judge
McAdam in the Marine Court. case of landlord and
tenant the parties to which, the circumstances and
the array Of prominent engaged each side.
quite lift it above the ordinary class OF dispossess
proceedings The suit was brought in the name of
Lafayette f. Beach. landlord and owner. to dis
possess Mrs. Harriet Berrien, tenant. from No.
% East Thirty street. The lady is the daughter
of the late Judge Berrien in his day of Georgas
most eminent judges and statesmen. She came here
succeeding the and rented tho house in question.
She known to Mr.. Henry II. Stotesbury and Gen.
eral John w. Ward. both now Of this city. but
formerly Of Savannah Ca. the latter having
been United States Minister to China and
the close friend of her father in his
lifetime and of herself from childhood Both gentle
men from early associations disposed to aid
Mrs. Derrien in maintaining for herself home, and
General Ward learning that the house which she
pied about to be sold proposed to Mr. Stotesbury
that they make effort to purchase the property for
her benefit. The property was already mortgaged to
such an amount that there would be required but
about So 900 ready cash. OF which General Ward ex-
pressed Willingness to advance $1,000 and Mr..
Stotesbury the remainder Owing to financial disap-
pointments General Ward unable to furnish his
proportion and Mr.. stotesbury then resorted to an
effort to have the mortgage increased $1,000 and
finally succeeded in getting title to the property in
his own name On tho 4th of June. 1877. Mrs. Ber-
rien being already in possession he executed to her
lease for five years. 1t the rate of 600 year. pay
able semi annually. Accompanying this lease
o memorandum to the effect that any
time within the Ave years Mrs. Berrien could obtain
title to the property by paying the amount advanced
thereon with interest About the time these arrange
ment were made General Ward resided in the coun-
try and finding it convenient to have a room at his
disposal when detained in the city over night. en-
gagged one from Mrs. Berrien, and Mr.. Stotesbury
also made up his mind that he would like room in
the same house. 1t was not long, however, until
Stotesbury took irrepressble fancy to the room
of General Ward. and having. was claimed on the
trial. financial control over Mrs. Berrien, induced
her to write u letter to General Ward asking for his
room. In letter Of Stotesbury's. produced on the
ton, he gave the lady just twenty four hours
within which to write that letter; to her. she
said the most painful &c. OF ner Mfe Inc
that could not afford to pay much for the room
as Mr.. Stotesbury could Then there came time
it done. using it. testified. about once week.
This occupancy. Mrs. Berren insisted. was in pursu
agreement that it should be in lieu Of the
nominal rent in the lease To sustain this theory
and also claim that the property held in trust
by Stotesbury for Mrs. Berrien letters of the former
were put in evidence in of which. written about
the time the being negotiated for he SAYS
thino From this it was argued that there had been
plain declaration OF trust on the part or Stotesbury
that the OF the room as an equivalent
plying with the conditions OF the agreement
to convey the property to her. This Stotesbury de-
MED but admitted he would have been willing to
the property the receipt Of the amount he
had disbursed, with interest. When nearly year
had elapsed from the time Of making the lease Sotes-
bury had already abandoned his room and presented
to Mrs. Berren the cost OF the property up to that
date including interest the mortgage and REPAIRS
stipulated for in the lease. Getting neither. he con-
veyed the property to his friend Lafayette Beach,
taking his notes in payment. The latter then COM
menced suit in the supreme Court to recoyer six
months rent. which suit was subsequently discon-
tnued and the present proceeding instituted to dis
possess Mrs. Berrien the ground Of non-payment
of . succeeding six months rent On the
represented by Messrs. Dunno and Nolan counsel.
and the defendant Mrs. Berrien in similar capacity
by General Ward and Messrs Agernon s. Sullivan
and +. G. TalInan. A number OF technical objec-
tons interposed on the part OF the defendant
to the effect that in the first action the plaintiff had
split entire claim Of 81 600 already accrued. and
not therefore. base the present proceedings
last half OF that sum; that owing to the agree
lease the relation of landlord and tenant
listed between Stotesbury and Mrs. Berren and that
Stotesbury did not possess the relation existing
between Stotesbury and the tenant was that
Ulaintifr had made no proper demand for the rent
and the defendant never acknowledged him as her
| landlord. The principal reliance OF the defendant
take out the rent in the use OF room, and that he
only held the property in trust for the benefit OF de-
PENDANT Judge McAdam, In deciding the case, over
ruled all the technical objections and dismissed from
consideration the theory that the property held
case the Judge concluded by saying:-"This is
| unlike the ordinary summary proceeding i'll three
| things-frst that the landlord has never received
| any rent; second, that the friendly relations
| existing between tho parties led to CORE
| spondence propositions and agreements, some of
| which have tended to embarrass the with
| questions of trust which really do not belong in 1t
under any findings and conclusions; and third. the
high of the parties to the record and the
| ability. industry aud ingenuity with which their
counsel have prosecuted and defended the proceed
| ing leaving no point untouched nor question not
raised Upon review OF the entire case am salts
fed the ends of justice require that the tenant
perform the conditions of her lease and the agree
ment made respecting it, or that the landlord have
POSSESSION of his premises. Judgment is therefore
| rendered for the landlord. The issuing and execu-
ton of the warrant will be stayed. however. until
February 1879 to enable the tenant to pay the $500
| demanded herein with interest from june T. 1873,
| aud the taxable Of this proceeding or find
/ another house into which to move. The condition
suggested WILL it is hoped. meet the appreciation OF
| the parties"
A LAUGHING PRISONER.
GOOD naturcd looking youth, named James STAN