The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-01-21
ON THE SUPREME BENCH
Judge Lippincott Sits for
the First Time in the
Circuit Court.
REAppOINTS STENOGRAPHER EUGENT.
His First Case the Item Breach Of
Promise Suit-At Chancery
Chambers.


The first official act of Judge Lippin-
colt as Supreme Court Justice was per-
formed today. He re-appointed John
Nugent Court Stenographer. The a2-
pointment is one that will give
great satisfaction to the mem
bers of the bar, for Mr.. Nugent
is personally known and liked by nearly
every lawyer in the State. Mr.. Nugent
was first appointed official stenographer
by Judge Bedle. in 1878, and he has filled
the position with much credit ever since.
When he first began his duties.
his work took very small
portion of his time. Business
has so increased since then that he now
works every day and night in the year.
and employs permanently an assistant
stenographer, and sometimes TWO and
three, for extra work, besides keeping
busy from one 10 three typewrters.
LOUISA ITEMS DAMAGES.
The case of Louisa Item against Joseph
Miller was one of the first to come before
the new Supreme Cours judge. 1t came
up upon an application for new trial
made by ex-Judge Paxton. Recently the
fair Louisa recovered verdict or S5,0o0
damages against Miller for breach of
promise and betrayal, and Miller's coun-
set aside.
Ex-Judge Paxton claimed that the YER
dict was excessive and not warranted by
the evidence or by the financial condition
of the defendant. He said Miller was
but clerk receiving q small weekly
salary, and that he could not raise the
amount of the verdict. Ex-Judge
Paxton said further that, had the
verdict been for a proper sum,
Miller might have raised it. As it now
stands, Miller will have TO go to Jail, for
he cannot pay. The lawyer did not argue
that the rulings of the Court had been
wrong or that the verdict was not in ac-
cordance with the evidence except in be-
ing excessive.
Judge Daily. on behalf of Louisa. said
that no reply was necessary, and that
nothing had been offered by ex-Judge
Paxton to oppose. He simply insisted
that no new trial should be granted upon
the facts set forth by ex-Judge Paxton.
Judge Lpplncott reserved his decision.
NO NEW TRIAL HERE.
William Hanna obtained q Judgment
of 1925 against David Barrow. OF Kearny,
two weeks ago for balance due on con-
tract to build house and for extra work
done. Counsellor Kenny today ap-
piled for new trial on the
ground that the verdict was
the motion but cut down the verdict
$780, the amount that had been improp-
erlysawarded for extra work.
Judge Lippincott will sit in the Circuit
Court Monday.
AT cHANcERY CHAMBERS.
Judge Lippincott made his first appear
ance at Chancery Chambers as Supreme
Court Justice this morning. As most of
the members of the bar had paid their
respects to him at the Court House. there
we're only few lawyers present when
he opened court. Ex-Judgs Garrettson,
or
Charles Carrick. Mungo j. Currie, Nor
l.. Rowe. Ex-Judge Douglass. Judge
Thomas Noonan, Charles Parker, Willard
Fisk and Judge McGrath were about all
that greeted him. The first matter which
came before him was an application
to fix the compensation of the County
Road Commissioners upon Sections Nos.
2, 8 and 4. Judges Garrettson and Nc
Grath and Mr.. Edwards presented the
matter to the Court. After listening to
each of the counsel, Judge LiDpincott
took the papers and said that he would
render decision next week.
The next case brought to the Judges
attention was an application by Judge
Puster to have set aside an order of ar
rest against Thomas Argechowksi as an
absconding debtor. Argechowski kept a
saloon on Washington street, which was
frequented by Poles. He gave chaJtel
mortgage to the India Wharf Brewing
Company, which covered the bar and all
the fixtures and furniture in the saloon,
as well as the license. He also made an
agreement with the company to sell only
its beer as long as he was in its debt. The
chattel mortgage was foreclosed and the
articles it covered sold, realizing 5000.
This sum was credited upon the mount
OF the mortgage and still left $527 due to
the Brewing Company.
The company secured afidavits from
persons who swore that they had heard
Arzechowski say that he was going to
Poland to escape paying his debt TO the
Brewing Company. Upon the a.hdavits
submitted, Supreme Court Commissioner
Isaac Romaine issued the capias. Judge
Puster laid these facts before the Court
and contended that the fact that OrZe-
chowski was going to leave the city did
not imply sufficient fraud to warrant the
issuance of the order of arrest. He also
claimed that the foreclosure of the mort
gage wiped out the debt.
Mr.. Rowe maintained that the affida-
Wits were sufficient to hold the man. and
Judge LiDpincott reserved his decision.
Willard Fisk raised a queer question
when he laid the case of DR.
Louis Livingston Seaman VS.. Louis
Henicke. executor of August Hahn
before the Court. Hahn was
taken i'll in Hoboken on January 90, 1891.
He was wealthy man. with no relatives
in this country. DR.. Seaman was called
to attend him and discovered that
he was diving of poison. He
san rapidly and died on January 30.
Knowing that he was wealthy and
thinking that there might be some dis
pute over any will he might have left,
DR.. Seaman communicated with Hahn's
wife and was ordered by her to make an
autopsy. For this he charged S100. The
executor refused to pay the bill claiming
that it Was not a debt of the
estate. The question which the Judge
was called upon to decide was
whether that 500 could be charged as
funeral expenses, or a necessary debt of
the estate. MIR. Fisk admitted that he
could ind no law upon the sub
ject in this State, although it had
been held in other States
that masses said for the dead and the ex-
penses of a wake could be charged
against an estate. He also claimed as
tue object of the autopsy was to pre-
serve the estate, it was just debt. The
Judge reserved his decision.
PANIC ON THE CHICAGO.