New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-05-04
THE COURTS.
COURT OF APPEALS DECISIONS.


Union PACIFIC MADE PARTY DEFENDANT TO
A SUIT AGAINST GOULD AND SAGE.
Albany May 3.-The Court OF Appeals to-day
affirmed. with costs. the order OF the lower court
in the Of the Soldiers Orphans Home, OF 81
Louis appellant. against Russell Sage and others
This was an appeal from an o7sso of the General
Term. affirming order of the Special Term d.
racing that the Union Pacific Railway Company
and its receivers be made party defendants In the
action brought by the Soldiers Orphans Home of
St Louis on behalf OF the holders OF Kansas Pa
cifc consolidated bonds against Russell Sage and
George J. Could individually. and Edwin Gould.
George j. Gould. Howard Gould and Helen NJ.
Gould as executors and executrix OF the will OF
Jay Gould, 10 compel the defendants TO account
for the proceeds OF 299s6 shares of the capital
stock OF the Denver Pacific Railroad and Telegraph
Company, OF the value. with interest and profits.
OF SlOOo0fo alleged 10 have been withdrawn wrong
fully from the trust created by the mortgage exc
cuted by the Kansas Pacific Railway Company 10
Jay Gould and Russell Sage, as trustees dated
May !. 1879; TO remove the Defendants Russell Sage
and George j. Gould. from the trusteeship: TO en-
Join the defendants from interfering with any trust
property covered by the mortgages; for the ap-
pontmcnt OF receiver for the property and for
such other relief as the Court may deem Just.
The motion which has been decided by the high
court is but preliminary action in the main
proceeding 1t brings In the Union Pacific
corporation. but refuses 10 bring in the receivers
The following decisions also were handed down
by the Court OF Appeals to-day:
Jacob Hauptmann and another agt. the First Ma
tlonal Bank. OF Brooklyn. appellants. Judgment az
frmed with costs
James L. Lowry executor, etc, appellant, agt.
Edward J. Woolsey impleaded. etc :caharne u.
Martineau administrator etc. agt. the Rochester
Railway Company appellant Judgment affirmed
opinion below. with costs.
People agt. Edward Hodfett. appellant Judgment
affirmed on opinion below
Anna T. Lick agt. Town OF Moravia appel
liant. judgment affirmed with costs and 10 per cent
damages under Section 3.25l. OF the Code.
Alexander McAndrews agt. the Lake Shore and
Michigan Southern Railway Company. appellant.
Appeal dismissed with costs, on Farmers Loan
and Trust Company. agt Bankers Telegram Com
pany O09 y. Y. 342)
In re application OF Frances VI. Peasles for pay
ment of egacies order affirmed, with costs
opinion below.
peant Joseph j. kittel app eant. agt. Henry Sus-
yer. in re appraised property of Charles X. Edwards
deceased. order affirmed. with
In application Of William VI. Smith and mother
for habeas corpus. etc order OF General Term
versed. and that of Special Term affirmed. with
out costs.
National Board Of Marine Underwriters appellant
agt. National Bank OF the Republic OF New-York.
Appeal from the Judgment dismissed. without costs
10 either party against the other. The order Of
the General Term. which disposed OF the appeals
Of the parties ~ reversed. and order directed
be entered. reversing the judgment entered upon the
report of the referee and ordering trial with
costs TO abide event. Costs. upon appeal from
order awarded to the appellant
The court took recess to-day until May 20.