New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-11-30
THE COURT OF APPEALS.
A LARGE NUMBER OF DECISIONS HANDED
BOWL
THE LOWER COURTS DECISION IL DIT INCOME
GALS CASE AFFIRMED - VALIDITY or

day affirmed the Judgment OF the lower court j, -"
case OF The People ag'. Henry Il. Mc"o"eB"i "Pp
mi ,ro. an oppca by The defendant from a Judgment
Of the General Term affirming Judgment 81 the ,o"'
., c.nor,i Sessions of the city and county OF New
yors convlclnr the defendant Of the crime OF nan
,,nh,or IN fla. first degree. The Indictment charged
,h attendant with the crime Of manslaughtcr In me
first degree IN having caused the d"ath of Annie 'o"
win OF the city OF New-lOrk while engaged III p'Tior"
Ing a criminal operation upon her.
Indictment WAS also affirmed in the ease Of The People
oct Henry Cassn. appellant. This was an appear
from iudl1uunt Of the General Term. affirming lune
ment Of The Court of General SESSIONS Of the Guy "i
New York. convicting Cassn OF the crime of era"u
larceny In first degree. in having on september ID
ieoO NJ the Hotel Vcndomc In New York. st len from
Bernard sanders bookmakcr and guest OF the hot'i
box containing $I2. sos In money and other personal
property.
The court grants Charles 4. Wright who was con
victcd Of murder n trial. ON Sunday morning
August 81 1890 Bcdella Taylor. widow about sixty
five years old found dead In her house Wr'ip"r''
Essex Cjunty with marks of violence upon her body.
The defendant. who was shown to have been in the
nechborhood Of her house upon the night before IA"
discovery of the murder arrested. tried and und
guilty Of murder In the first degree and condemned -
death.
The court gives the Ncw-YorI and New England
Railroad a new trial on the Judgment Of T1p"o
damages obtained against the ruad by Josephine Nand"-
water on account Of the death Of her husband at Fish
kill.
The court affirmed the Judgment of 5000 obtained
bv Barbara Startz against the Pennsylvania ana
New York Canal and Railroad Company damages for
the death ~ her husband. who was Killed ~ Inc
smiths crossing. in Buffalo March ;, 1883.
The order was affirmed with costs in the matter
Of Application Of the city Of Rochester To- acquire
certain water rights; william Hamilton appellant;
c. II. Perkins and others. appellants. against \. VI
Holden. respondent. These scparat" appeals
from an order of the General Term affirming order
Of the Monroe special term. confirming the report Of
Edward Harris the referee. determining III" relative
rights II the appellants and respondents - ih" award
made by the city u Rochester for certain property
belonging Z, Hiram smith. taken by the city u
Rochester nnder condemnation proceedings ana upon
which property The parties hold conflicting liens.
The court affirmed the judgment Of IN" lower court
In the case Of Harry ". Link. infant. against
J. W. seldom and another appellants T1iS was An
appeal from Judgment for 5000 and costs Tn
favor Of plaintiff. This action WIS brought agaiw'
the defendants. who are prac'cing physicians ~
Syracuse. TO damages for malpractice In tniI-
Ing properly 10 Links fractured arm, by reason
OF which improper treatment the plaintiffs rgli hand
was left In a permanently mlsshapcn and crippled
condition.
The Judgment Of the iowc- court affirmed In
Frank = Grim and another. executors. against
Rufus G.. Starkwcathcr lmpcadcd. ETC.. appellant.
This was an appeal from Judgment Of The General
Term. fourth department. Affirming judgment III
favo- Of the plaintiff, for siG,oi0 oG. THIS scn.m
brough; - recover the ampnn; ~ I've drihN
sent by uie plantlf- te,tator 10 the National Park
pank, Of New York. aud credited to III" firm Of
Grim & sarl,weathc- 81 which The appellant MAS
member. The appellant ALLEGED that the drafts were
Individual Iaau, by the deceased 90 william l. Grim.
a member II tic firm.
Mary u. Defrrece recovered judgment fr $1,000
from the National life Iusnuucc Company on three
endowment bonds ISSUED by the compan7 on tA"
ne OF benjamin Dcfrcccc.
Judgment wa affirmed with costs. I'm th" case ~
Emily y. Vou Hes. ms adminl-rairN ag1insi Ihro
dore Fdth Macknye. respondent. Implicated with
Cristkln Won llc,s. ~ executor. etc. appellant.
This WA an appeal from the judgment NJ The General
Term. FIR, Department. affirming Judgment In favor
Of the ponden after trial before Justice Andrew
a. special Term. This bill Of inicrll"ad"r
brought 10 determine the ownership 81 seven coupon
KanSas Pacific bonds OF 81 coo each. q, between the
rec pondcnt IN adopted lnian, daughter Of colonel
james Mackayc. dccca cd. and the appellant. Tho
executor OF TIE will q aid Nachayc. Lille y. Reid.
as cAccutriI recovered $1,000 from the Ncv-lor
Sew Haven and Hartford Ealioad Company a.
damage 70. the death Of the plaintiffs tc,'ntor. caused
by The negl goncc OF ;hr rad AT -pfinghur,t
The cour. ordered q trial in the ease o! J. W.
Giber, ag' ~" King. County Board ~ supervisors.
Til, wa, an appeal irom judgment - the General
Term affirming the judgment Oi iDr special Term il
favos Of tho plaintiff 1ls action was brought to
compel the payment % the plala'lf, former Justice
Of the Supreme Court who was retired from s"rylco
a, such Justice account Of having reached IT," az"
oi seventy YEAR,. Tia" sum Of 10000 and Interest al
legged be- due i'm under certain resolutions Of the
Board Of supervisors Of aid county. allowing ia" sum
Of $4,000 II year additional compensation To IA"
Justices OF the supreme Court residing la the count
Of Kmgs. The defcndapt claimed that sHch lusiIccs
entitled - such additional compensation only Nhlle
In active service.
judgment was affirmed with costs 10 be- paid per
.onnlly by the appellant IN the matter Of the JUDI 'al
settlement Of the accounts 81 John Howard Ioote'
as executor Of Henry VI. Lcavlti. deceased. Foot.
the executor. being the appellant. This was an mp
peal from judgment OF the General Term. Affirming
a decree Of the -urrogatcs Court; 81 New York. charg
Ing the defendant FoJtc with the Of $50 600, thar
being ,hc contribution OF the deccdcnt Henry NJ L"av't
TO the firm OF said Fooe Is LcavIu. ard refusing TO
allow any reduction thcrcfr0m for certain bad debts
Of the firm.
Judgment was affirmed In the Of X. l.. Nor
dccai and infnnt ag Dyer Pearl ct al. appellants.
Thu was an appeal from a judgment OF The General
Term affirming judgment In fnvor Of the plaintin
for - 300 and costs This action brought against
the Defendants arm Of stock brokers doing business
in New York recover the sum Of $500 deposited
with them by the plaintiff. al infant 81 III" age ~
twenty year rs margin for the plrha.e AMI sale
by the defendants Of stock, for h~ accodnt. The de
PENDANTS were well aware that tn plaintiff
infant. and The judgment was recovered rpon ID"
ground that the contract void on account Of the
plaintiff infancy.
The validity Of certain Kings County bonds
sustained By decision OF tho Court II Appeals. which
affirmed the judgment Of the lower court in the
Of Henry H. Adams, County Treasurer Of King County
agt. East River savings Institution. appellant.
THIS appeal from an order OF The General
Term dlrrrling judgment for SG27 D. IN favor Of
the plaintiff upon submitted under ,eci IFS
27g Il Of the Code Of civil Procedure, and from ia"
iud gncnt entered thereon.
other decisions ~ tie Court fOliOws
LOrsa DpDliit,c agt Anna stone. appellant. Charlie,
". liIghilt ngt. II. Vi. MaycS receiver. appellant:
LIVE B Reed agt. New Ork New Haven and Hart
ford Railroad Company. appellant, In = account, 81
Eliza Wesley. cNcmirlx Flora Jacol~, appellant Az.
1, ,rr-a ksuf Of II atsl I ltttt,