New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-10-07
COURT OF APPEALS DECISIONS.
MANY HANDED DOWN IN EACH DIvIso

COURT OF APPEALS DECISIONS
MANY HANDED DOWN IN EACH DIVISION.
Albany. oct. 6-In the Court of Appeals, First Di-
sison TO day. the decisions handed down were in part
as follows: -
James Galway agt. Metropolitan Elevated kali"aS way
Company and another, appellants; John Relnlng, anu
another agt New-YOrk, Lackawanna ana "e S,
PaiIroad Company, appellant Christian IL. stias,
ser and another, agt same; Ronsha Je@uu Sixidu
aiiV. etc aSt metropolitan Elevated Railway Com
pany and another appellants sam Nan'' APPELLANTS
John NJ Knox and Others executors cue, az, IInb
T. Demarest an infant e'c BeSIeId att he New
York and Mount Vernon Water COMPANY npPD "n,e
WaicrtoTH and oSdensburg Railroad Company appel
liant Julien L. Davies, receiver, ETC., agt, tno 80
6oTs CGnGeT S1pA eic as the Central
and Hudson River Railroad Company, appellant 81 n:
TSSG '1f S%C si' Of sRRR
sn r Ga1s COMPANY appellant
Bracket receiver an. e @4R se repoa si ss
Gf hsNSom st appellant Judgment affirmed with
The People ex rel Lima Cohen, respondent sgt; o the
Protestant Episcopal House of Mercy OF New norh:
anpeIIsnt in the MATTER of custody of Jennie simon
the m psTpr Of Of the Custody Of Moe Danzger order
Of General and Special Terms eTeSe1 anu '0
Cornelius Gilman respondent a the ag Split hteP Rock Cable
Company to acquire, etc. the feoplo ca 81 SvrarnIe
r. Comstock, appellant egt. the Mayor oil oyI@'u'e'
Order affirmed, with costs. H., ..o. -, xo,v Work.
Award wrdI's anirmed with cOste $500, Do,.,u.n.
Railroad Company. Judgment and order affirmed NED,
Postal Telegraph Company sPPeiaan' With sg costs
A. A. Crosby ct al: agt. President Deawar e9 ane
Hudson %PRsant sp Me IT NS adsme1
versed and a new trial granted costs 10 "oiue 0i0
Waterloo woolIen Manufacturing Company agt James
ment of General and Special Terms reversed anu ho"
ntad abide
Among the decisions handed down in the second
Division were the following;
Henry Gallagher sg the Grand I Rhm@e ATT CG the
iermana savings Bank, appellant Henry ~ Ndiaea
and a nc appen e Sheridan aE Electric Light company
YewYok appellant agt tne aGt Harriet
: Curtis and another, individually and as executors
etc. appellants. Judgment affirmed. with costs. ,oos
Inc 40 act the Cty of Rochester implicated
ETC appellant Judgment modified by inserting before
sS e al the city of Rochester from connecting with
Upton Park and Eastave sewers ana from , rdTns
continue force after the city shall f s PFEVT.S the rail-
for its discharge, other than on the ldas VI Sod
T T;iSo G3m fSsty, and as 50 HOOi'D'
,rhamn sn1 as Commissioner Of Public Works, etc
nIodgman's appeal; in The matter of the Application
@ntis goeI np ne Order Affirmed with costs
National Bank of West Troy. appellant agt Margaret
n new trial granted with costs to abide the event.
Following are the day calendars for tomorrow
First Divlsion-Nos. H. rs, 70, 80, ST, 81, IS and
second Divlsion-Nos 423 424 42G, 42s, 416, s3l.
s37 and 439.
THE LIBEL AGAINST MR. VANDERB1LTS YACHT.
United states Marshal Jacobus yesterday filed his
return of the attachment against f. W. NahuerDNV ,
vacht Conoueror in the United states District Court
The Collector seized the vessel when she was broughU
here from England, holding her to be dutiabe as
merchandise Her owner filed libel to regain pos
session OF her. United States Attorney Edward MIL
chelI who appeared for the Collector, asked Tor an
adjournment of the until to-day, so that he might
traverse the return He declared that the return had
not been made as required by law, because it did noo
show that the Marshal had the yacht in his custody
He would file adavits TO show that the Collector had
not relinQulshcd possession Of her.
Judge Brown said that it not necessary for tho
Marshal 10 remove the customs inspectors who were
on board Mr. Mitchell read the affidavit of Peter l.
oNeil customs inspector, who declared that he had
disputed the right of the deputy marshals to lake
possession of the Conqueror samuel , CaFEe OF
iUOt IarBe, appearing Tor MT NdnuerDHI, Sd.u thtl
IDENTITY rnarshals had been on board the yacht ever
since they attached her Robert D. Benedict, attorney
for Marshal Jacobus, aSsehthg' inc case was au'ou
until today
ALLEGED INFRINGEMENT OF MUMh's LABELS
Peter Hermann Mumm and Max Won Guaita OF
rrankfurt-on-the- Main, Germany, and Alexander De
Rary of Rems France began suit for alleged infringe
ment of trademark in the United states Circuit Court
yesterday, against Morris Loeb of this city. 1t Is
charged that the defendant is selling an inferior
champagne in bottles labelled like those Of the plain
lifts Messrs. Won Mumm and his associates are sue
cessors Of the firm of &. H. Mumn d Co., of Rems
which WAS established in 1851 The say their cham
naone known as Mumm's Extra Dry has enjoyed great
popularity IN this county. eb they charge a Placed
on the market a champagne which is contained in
bottles with labels OF the same size rs those used by
the Mumm firm. The defendants bottles bear a
label which reads Extra Dry. Eugene Mumm d
CaIyet Relmso Loeb, IL is further alleged, initiates
tie rosecOlOred capsule used by the conpanans, who
declare that no such firm Mumm a Calvet exists
An Injunction and accounting are asked for.
BITS OF LEGAL NEWS
Judge O'Brien in the supreme Court. Chambers yes