New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-04
FROM BENCH AND BAR.
GATHERED FROM LAWYERS AND AMONG
THE COJTRTS


Tho published calendars Of the courts which open
tomorrow after the summer vacation indicate that
there will be plenty OF work for judges and lawyers
calendar of nearly $50 cases was called YESTERDAY
In the Superior Court One hundred and sA'y7hVe
enumerated and non-enumerated motions are OH 10
morrow's calendar at the General Term OF the gu
preme Court which win be held by Presiding justice
Van Rrunt and Justices Daniels and Barrett Sixty
xix cases at Special Term and 100 cases at CIRCUIT
are on the opening calendar Of the supreme COURT
The october calendar Of the Equity Term OF the Coh
mon Pleas has la cases. and the trial terms VI 'o
Superior Courts have large calendars for the st day
Judges Lawrence Patterson, Andrews lngrahaH anu
Beach OF the supreme Court; Judges DAILY, AIieh'
Bischof Bookstaver and Pryor, otthe Common fieas'
and Judges Sedgwiek, Freedman, McAdah' "iuoi-
sleeve aud Dugro, OF the superior Court are among
those assigned to duty the opening days OF te new
court wear The printed calendars seem 10 SHOW ta.
within few years there has been WIDER H
of Irrigated business among LAWYERS ENcep. I'M itv
elevated railway SUITS and actions in winch the Sl
Is interested no one lawyer firm has cosafebr
able proportion Of the cases some YER yea ere tre
ouentiy on the calendars Many Of these large hns,
Ug s sdr 9SM dS for pPsp ppey
fons and larger proportion Of the acta mue 70 tSe
IS in the hands OF smaller ntns, very imperfect
knowledge as TO the firms doing the most eA'chSiNo
and profitable business
discussion as to the effect of the present corpora
ton laws Of New-York has called forth opinions in
many lawyers and Frank White, OF the secretary VI
state,s Office has appeared the principal oelehuoi
OF the New-York legislation on the subject Inc quoS
zion has of course, its political and commercial as
,.cts Init among LAWYERS the Ncw-York statutes arc
probably distasteful 10 the majority. Inc legal az
well as the commercial business OF the corpordons
principally carried in this city. Lawyers OF gre''
corporaons are however prone to advise their chehts
10 secure il possible organization under the statutes
OF New-Jersey or other nearby state lhseau "
nnder the New-York laws. The transfer OF corporate
existence 10 other States has been especially rapd III
the last year or two One reason mas uhuouo'o'1i'
been that tho corporation law Of this state mas
NOT vet been tested in the courts, ana lawyers IG
that there may be hidden imperfectlons IN IL VIII
may njure the carrying on OF business aa lpws
Visions The old statutes, though the original LAVE
had been amended and substantially Gsngedb IN c6pT
respects, had been studied for many AeaS, uv foIt
had passed upon them ana corpoiauOn Sar fham
themselves well qualified to give advice unaer Ihein
Some mistakes omissions or Cneeo rantious
in proceeding under IL. The NewJersey laws are n.1
S and aTySTs S the 20 and Of
that State
The Emitted states Court of Appeals for this circuit
does not meet until the latter part OF the present
month though in the Third Circuit the court has been
IN session for couple Of weeks. The court in this
,circnt will probably be held by Judges Wallace, La
,combe and Brown Associate Justice Blatchford VIII
probaby sit in the Court of Appeals only at rare inter
walls as his duties at Washington will occupy most OF
MS time Justice Bradley did not sit at the session
for the hearing Of appeals il the 9 Thd GSnr Of Sp
peas is held in Philadelphia the counsel In the nIst
case argued were both from New-York; enc was
Arthur V Brieyen, we'll known in patent ltgauons III
this civ and Commissioner Joseph W. Deuel. formerly
clerk Of the Circuit Court in Ne~-York, was the OPP
posing counsel
The long recess of the Court of Appeals ends to-mor
row when both divisions will be in session. Many
important cases which argued before the recess
may be decrded The most important is the Tilden
tha nd haVe
tlon for several months. If the Judges are greatly
uivded in opinion the decision may be deferred Tor some
time longer IT, however, the questions raised seem
easy TO solve and the Judges nearly or quite unani-
nous in their opinions the decision may be announced
next week While insinuatoh as to the opinions
NJ the Judges has been obtained sufficient authority
the prevailing impression among LAWYERS seems 70 pc
that the trust clauses will be declared 1nvands lio
belief rests upon the tenor of several decisions OF the
Court of Appeals and the opinions of The judges to
whom the matter was presented in the carrier stdges
and their opinions were carefully prepared after full
argument by counsel. The Court OF Appears, nov ~
ever has before this time furnished surprises 70 inc
community.
The English Court Of Appeal has decided that an
education is a necessity for minor The mother of
yeyenteen year-old boy apprenticed him 10 an
auctioneer valuer and farmer, paying the master
81 600 The boy was by the agreement to pay S2oOO
more on obtaining his majority He was the heir 10
10000 to be paid TO him at the age OF twenty one
years He did not pay the $1,000 at the enc Oh MS
term of apprenticeship, and the auconeer ana farmer
sned for the money. Payment opposed on the
ground that minor could not be bound by such an
agreement but plaintiffs lawyers argued that the
money could be collected under the opinions, excepting
an agreement for the purchase OF necessaes from inc
general rule that the contracts Of minors cannot De
enforced Lord Esher, presiding Judge in the Court OF
Appeals education necessary for an infant
and answers the question by SAYING LOOKING az ~
jndependently of authority should say tat education
In a trade with a view 10 make an infant a useiul
citizen must always in this working country nave
been thought of the greatest importance ana must
always have been considered necessary for an infant
He opotos Lord Cokes declaration that An infant may
bind himself for his good teaching or instruction,
whereby ne may profit himself afterwad." Justice
Fry goes even further than Lord Esher, ana says
think that teaching or Instruction though ~ IN,
cndes Instruction in trade, is not necessarily conhned
TO that l should be sorry to conclude that literary
fnstruction likely TO lead to the Infants success IN
learned profession is not within the observations OF
Lord Coke The interests of the state require that
an infant should be able TO bind himself for instruction
of that kind"