New-York tribune., 1879-04-25
CIVIL NOTES.

An action in the nature OF quo waranto
proceedings In Of the right of Henry e Ferey
Thomas rro and Terence Kernan 10 hold their seats
in the BOARD OF Aldermen VIII be brought TO-DAY in The
supreme Court before Judge Van Brunt by Thomas
Crimmins ANA three others, who claim to have been
elected In the defendants places.
w. II. NJ. Sistare brought an action
against william Best receiver of the Mechanics and
Traders Savings Institution to recover S4l72 75' the
value OF certain OF tine capital stock OF the At
lantc Mail steamship Company. which Mr.. slstarc
alleged the bond defendant authorized him to sell, ana
arerward refused TO deliver On the hrst trial tho
COMPLAINT was dismissed on tue second tla, COM
peted YESTERDAY before Judge Van Brunt IN the sn-
prcme Court, Circuit, verdict Tor the Iuh ahlouu'
claimed was obtained.
Judge Barrett, in Supreme Court, Chambers,
listened TO an Argument yesterday motion to yacate
assessments for building sewers Sixth and seyenh
aves., between One-huudred-and-sixteenth and one
hundred-and-tW filth-sts The propefty-oWners
who appeared AS complanants claimed that the enire
expense OF building the sewers was charged upon them
that the work Unauthorized by law, ana was done
IN Illegal mnnner and tGat the Dlds were a"urru ~
cOliUsiOn between the contractors ana % t
Pub ic Works Van Mort. III was coutehuiu thdI lno
work cost twice much a. IL ought 10 nave uono ne
These charges we've ali denied Dy lne cVuhSe! loI 'c
city. Decision was reserved
The COMPROMISE of the FiskeHarkin suit
before Judge sutherland did not yesterday. ae-
cordng the agreement at the hearing on Friday as
Neither OF the principals appeared. Mt Hlmmc, MI
Fisko's counsel stated that he had received letter
from his client directing that the examination be con-
tinued for the purpose Of clearing him from tue cargs
OF misapproprating money! brought by 9r. Harklla III
his plea for a decree Of dissolution of partuersnlb
which il the whole object OF the action Ex"udge Dl
teuhoeier usel for plaintiff, said mat lie coud hoI
consent to fur her extension OF time to sun ne Nhs
of Mr. Fske. Mr. Humme asked II the plalntlits cOuu
sci would amend the allegations by slfaiuS OH Tue
charges of isappr0Uriating money EN-JuGEe DltGu-
hoefrr said he would consent 10 tat or any 'hig esS
that would close up the The matter W1sauOulLeu
until Saturday az II O'Clock.
Judge Choate, in the United States District
Court yesterday handed down decision in reference
TO petition against n discharge in bankruptcy being
granted to Edgar W. Moss, a curbstone" broker Ihe
decision saws: The bankrupt kept no books The only
question is Was tradesman within the meaning of
the actl The evidence TO the nature OF the bank
rupt business very confused but as nearly as 1t can
be made out from his examination it was as follows
He was a stock and gold broker, bat without beng
member of the stock Exchange He took orders Io te
Drclase and sale of stocks and gold, but Gu not hl
self execute tie He opened accounts lh MS own
name rs agent with other brokers VINO were melh-
bers OF the Exchange, and they bought ana SOFA II MN
upon his orders and gave him hGlt the commission
usual i'm such Transactions. He furnished those Tor
whom he did the business memorandum OF each trans
action immediately after % occurred Deciulng thdI
the bankrupt not merchant or traueshlAh' dio
therefore required to Keep books the DahErupV Is
granted discharge"