The New York herald., 1879-07-08
THE COURTS.
A Divorced Wife Suing the Widow
of Her Former Husband.
SICK STEAMSHIP PASSENGERS
Judge COwing's Charge to the
Grand Jury.

Among the decisions just rendered by the Supreme
Court General Term, and in which the facts recited
are somewhat interesting is one in the suit OF Ia
bish M. &. Holbrook vs. Amelia Holbrook 1t
seems that Charles Croft Holbrook. since deceased
brought suit against the plaintiff. his first wife,
for divorce. charging her with adultery she at the
time answering by similar counter charge. Mu-
tual negotiations for separation between the
parties were then entered into. the re-
suit being agreement the part Of
the husband to give his wife an allowance and sup
port the minor children. The defendant in this
init claims the agreement assentcd to by
the wife. Following it's execution, however. Mrs.
Tobrook the first Immediately left the house.
tking her children with her. The husband, al
lged, failed to carry his part Of the agreement
aid left his wife and children without means OF
support. decree of divorce was finally obtained
y the husband in Massachusetts, in 1861, and the
Litter married again. Upon his death in 1871 he made
hs second vito his executrlx, and the present suit
by the first wife against the second wife
DR. her expenses and for the support OF her chill
ren, no provision having been made for their sup
prt in the divorce proceedings. In proof of her
rspectability she asserts that her daughters all
aarried to people of good repute, OF them being
he wife OF a distinguished European official. Her
daim. however, is contested by the second wife
he ground that the decree of divorce released her
husband from all demands. The matter was sent to
4 referee, who reported that the plaintiffs claim
was just and that she entitled to receive
81 ,3U 81 The report of the referee afterward
set aside by Judge Daniels, and his order is af-
hrmed by the General Term, the Court holding that
by the law of Massachusetts, when a husband se-
divorce from his wife his personal estate be-
comes wholly vested III the husband, unless some
portion OF it be set apart for her separate mainte-
nance AS none was set apart i'll this case her per-
sonal estate, of which this claim part, became
wholly vested in the husband.
THE SAFETY OF HUMAN FREIGHT.
decision rendered yesterday by Judge
Choate, in tho United States District Court, in the
case OF Henry A. Fleischmann against the steamship
Hammonia, of the Hamburg line. to recover $1,000
damages for alleged i'll treatment a voyage to Eu-
rope In April 1873 the plaintiff took passage. with
his wife and child by the Hammonia, for Hamburg.
on his way to the Vienna Exposition. Two days out
from New York the child taken SICK and the
ships surgeon decided that it had the smallpox
Mr.. Fleischmann complained that the captain com
PEELED him and his family to leave their state
room i'll the first cabin and they were lit
orally imprisoned in room adjoiuing the store
exercise or any other purpose. The room, he
testified, filled with bad odors, and overrun with
made for the defence to the latter charges
and to the child, it was claimed
that he really had the smallpox, and il
was necessary to isolate him from the other pas
were concerned. it was claimed that they went oi
their own accord with their child. Judge Choate
says:-"Therc can be no doubt that the master of O
ship has authority and that it is his duty in OF
the appearance of dangerous infectious disease tC
Isolate the sick persons from all on board, and in
this case the master did no more than his duty The
testimony shows that the child had very light case
of smallpox varoloid, and his removal was neces
sary and proper On the material points, in respect
to the manner in which tho change of rooms was
effected, and the hardships and discomforts attend
ing and following, the libelant is contradicted anG
his statement shown not to be founded 'on fact The
libel is dismissed with COSTS