New-York tribune., 1894-10-10
THE COURTS.
DECISIONS.

COURT OF APPEALS DECISIONS.
THE CAPITAL OF THE EAST RIVER BRIDGE COM
PANY HELD TO BE INSUFFICIENT FOR THE
UNDERTAKING CONTEMPLATED.
AIhanv Oct 9-The Court Of Appeals to-day de-
oidod against the appeal Of the East River Bridge
Company In the matter Of the refusal OF the ou-
nreme Court TO confirm the report OF the coih"'s-
sorers appointed TO take testimony as 10 the r'shl
of the East River Bridge Company to construct d."
elevated road in connection with bridging the East
River The commissioners reported in favor OF 'he
enterprise. The lower court decided that the COM
pany had the right by statute to reduce Its captai
stock and It did so from s25,Oo.OD to s2o"""" len
per cent of this was paid in II was held' however
that the company had not sufficient means 10 iish
the undertaking, the estimated cost OF which was
$50 100000 1t was alleged that 1t would be rnapie
to respond to the claims of property-owners. IL
was proposed under the guise of approach to the
bridge across the East River to build an elevated
railroad completely across the city. also absorbing
one Of It's streets from the Bowery 10 West-st ana
then going down West-st. to Degbrosses-st., where
a terminal station TO be erected. The Court or
Appeals dismisses the appeal and sustains the lower
court.
The Controller Of the city of New-York was de-
featci to-day in a decision that the Fayerweather
estate need not pay tax of 10 per cent as a
penalty for not paying the collateral inheritance
tax in FULL and per cent on former balance due
the estate of Daniel Fayerweather was $lSS5t 49, or
which there remained unpaid S61,6& - on May 10,
1892, and $i3.jO7 July 10. 1893. The Controller de-
manded n per cent penalty on the S@.6A 70 from
the date Of death and 10 per cent on the balance sui
unpaid namely $24 H. Surrogate Fitzgerald decided
that the estates being in litigation had delayed
payment. and that interest should be charged only
the 2il77 at per cent from July J. 1898. TO jan
uary. 1894. and 10 per cent from January on The
Court Of Appeals aifirms this decision.
In the of the people against Morris Spege
tho Court of Appeals to-day affirmed Judgment OF
conviction against the defendant for presenting a
false and fraudulent claim for the payment of a
loss upon contract Of Insurance. Spiegel carried
on business In New-York city under the firm name
4. Blum jr T. Sons, and was convicted in lSJ2 ana
sentenced to State Prison at hard labor for three
years and six months. Soiegel caimed a loss OF
S7o22l goods The prosecution was based on
Spie gels claim made to the Insurance Company or
North America, In which ne held 5000 policy.
Frederick J. Tavor. me Cornell University stu
dent who confined IN jail by Justice Gcrritt y:
Forbes Of Ithaca. for falling 10 obey the order of
the Court to testify before the Tompkns County
Grand Jury. will he released by decision OF the
Court of Appeals rendered today The Court re-
verses the order of the General Term. and dis
charges Taylor. Taylor was roommate or one
OF Cornell students suspected OF killing "A
woman and making seriously i'll several students
last winter by injecting nOxlous gases Into room
where the freshmen holding class supper.