New-York tribune., 1892-03-26
THE COURTS.
COURT OF APPEALS DECISIONS.

COURT OF APPEALS DECISIONS.
SEVERAL HANDED DOWN BY EACH DIVISION
BOTH BRANCHES TAKE RECEsSEs.
Albany, March o5.-The Court Of Appeals to-day
armed, with COSTS the judgment of the lower court
In the case Of James e. Rogers, respondent, agt.
William G. Wiley and another appellants THIS
was an appeal from judgment oil tue "cherai lof'
Affirming judgment in favor of the phlntih Ibis
action was brought TO recover damages sust"heo u,
the plaintf by reason Of the unauthorized sale OIL
certain stocks purchased by the defendants, iifh
OF stockholders doing business In the city OF new.
York, for the plaintiff upon margins. The plainuh
recovered a Judgment for IS ,730 81. The defendants
alege that such sale was made on account vi '"o
failure OF the plaintiff to keep good his marquis IS
provided In the contract entered into between uie
plaintiff and their firm.
The Court OF Appeals also affirmed the Judgment Vi
the lower court in the of jeremiah Caagha" 's'
the New.York Central and Delaware, Ackawanha anu
Western railroads. appellants This was an appear oi
q Judgment of the General Term, affirming ludeHc"t
for $40 900 rendered in favor Of paln,lh aler .a
at the Onondaga Circuit. On November a. iooo'
plaintiff, "a farmer living In the town OF Laiayet'e'
Ononduga County, drove TO syracuse In MARKET
wagon In which seated himself his wife ana TWO
Of his neighbors. On his way home ne drove aions
West Genesee-st. Syracuse, TO point whefc ueieho
ants tracks crossed the street When plalhtH hrrNed
at the crossing the gates down. but the one nearer
the plaintiff WAS raised BY the gaeinan shortly a'er
Ills arrival and plaintiff thereupon attempted 10 cross
the tracks. The wagon was struck BY one OF ''e ue
tendants engines and his wife and neiGhbors were
killed while he himself sustained severe INJURIES 10
recover damages for which this action was brought
The following is full list of the decisions handed
down In the First Division today
James C. Rogers respondent agt. William g. Wiley,
appellant Wsrsn n dne F3iee h sd reecr aa ec
respondent aet Edward l. Latham anu o'iSns, Thdp ap
BIa and S's anoeT H. GYs ee appen
Ottmayer respondent, agt The Metropolitan EieVseo
EcSe1 ae e sPSsa Elevated
Company. etc, appellant Marie F. ha9ser reSpUnueS'
APPELLANT Alice X. Rigdon and another, respondents
agt. the Aleghahy Lumber Company plmlteaG ap'
German German and another nipicaded etc. appellants, J2h1
McDermot resronaent agt ,ne aneant nJM Anna
y Borden, administrator, e!c. appellant agt- & the
Delaware, Lackawanna and Western Ealirosi od nUil
ents ag Lucy Broderick and another, executors e,c
appellants Leman c. Miner r.. respondent, ael; hcr
hard Baron, and another appellants Judgment
The people, respondents agt. Alexander Meaki% liin
and another, appellants Appeal dlSini''eu' VIII"
samuel II. Randall, respondent agt Jacob II. sher
man and another aPpeanSS sIS motion for reference
denied, with costs in all courts ana Sio 'os'e Vi
The Norfolk and New Brunswick Hosiery COMPANY
appellant agt Anna NJ. Arnold, respondent. ,S UiuS'
appealed from reversed ana HlOllOii W
with costs in the court and $40 costs OF nouoi. 90.
In petition OF Julia Bewlt Tor Ihe apPo,lne' nnst
NJ a committee etc order affirmed, without coslS',
Ieonhard and Hsenbeck, respondents. agt Johm
NJ G1ns 1n,s apRsh@3 ph cos 10 abde the event
These cases were argued: A., ,- x.,,
Martha Bennett, all infant ETC.. agt the New orh
Central and Hudson River Railroad company "P
Iohn H. Ashton and others appellants agt the
CITY of Rochester and another.
Frederick Beermeister tr, and another appeuHn'
agt the City of London Fire Insurance COMPANY.
Frederic Moore agt. the Prentiss looi anu supply
Company. appellant. ,,o. , ,ohc
H. Butler, L. p etc.
The court took a recess until April IL.
These decisions were handed down In the Second Di
vision
Jeremiah Callahan. agt. New York Central Railroad
appellant: c. +. Carlson. appellant agt the Phoenix
Bridge Company c. +. liume, aet. the George T.
Flint Company. appellant Alice Maud Bliss. appellant
AIT Grace F. West Ct al; II. NJ. Rustis. agt. John
Cassidy appellant George B0rk, agt Alexander Mar
TIN appellant Thomas Nelson. appellant agt Sarah
E. LOder impeaded, etc. Anton Newak, appellant,
agt George F. Waller, ct al Chloe E.. Persons, ct a.
appellants agt. Lucy VI. Seargent, Implicated, etc
judgment affirmed. with costs.
Tho following argued:
appellant. agt. Frederick Van Wagner and another,
respondents.
Cornelia Gilman. appellant, agt. Augustus Prentice
and an other, respondents.
The Second Division then adjourned until Monday,
April IS.