New-York tribune., 1896-12-09
THE COURTS.
PROCEEDINGS IN LOCAL COURTS.

PkOI IN l<O|fh< NCNANN'''
Justice Truax, in the Supreme Court. has handed
down decision in which ne refuses 70 restrain the
Third Avenue Railroad Company from building the
Kingsbridge extension to the road The Metropolitan
Traction Company and Thomas OConnor. a tax
payer, asked for the injunction pending an action
brought by them 20 set the award OF the iranchise
aside. Justice Truax holds that whatever the de-
fendant does it will do with notice and at its own
peril He also decides that as the action was com
guilty OF lachcs.
James l.. Stewart. State Inspector OF Gas Meters.
was fined $50 yesterday for contempt by Justice Nc
Carthy in the City Court Several months ago Benja-
min 5. Moorhouse obtained judgment against
Stewar, for sJ5j o6 promissory note. Stewart
was ordered appear October 2s for cxamina lion
in supplementary proceedings touching his financial
ability pay the Judgment. He failed to do so and
fined $40. f.. VI. Wight. counsel for Moorhouse.
appeared before Justice Mccarthy yesterday and
submitted affidavit 10 the effect that on the day
spector went with Amasa thornton to the Fifth
National Bank. where he had balance of s22. $s.
which latter cashed An affidavit; from Mr.; Thorn
ton in answer to this sci forth that the cneck ne re-
ceived from Stewart was in settlement or "A loan OF
500 made to Stewart when the latter ran Il ior lne
Assembly in 1894 Justice McCarthy denied a., app
cation to send Stewart to jail. and inflicted the me
instead.
Justice PRYOR in the Supreme Court yesterday
granted leave to the of the First Wesleyan
Chapel TO mortgage the property of the church cor
poratlon for $4,000 pay an Indebtedness to is
treasurer John NJ Cornell. amounting to S2sl93 Inc
money had been advanced 10 the corporation 10 III
the property for popular free church
The suit brought by the executors Of the estate
of Elizabeth Fogg against Charles h. Fosdck 10
determine the ownership of the proceeds OF GER
tcate for 1000 shares Of stock Of the Gutta Percha
Rubber Manufacturing Company. valued at $780,
OD0 was finally decided before Justice Russell. In
the Supreme Court, yesterday. According to the
decision the institutions benefited are the Young
Women's Christian Association. the New-York Dict
Kitchen Association. the Training Schoc. for
Nurses of Bellevue Hospital. the trustees of a
fund for Aged and Infrm Clergymen of the Protest
ant Episcopal Church. the Free Home for Destitute
Young Girls the New-York homeopathic Medical
College and Hospital the Society for the Relief and
Employment of Poor Women the Samaritan Home
for the Aged. and the Winchester Home for Aged
Women, Of Charlestown. Mass.
Myron r. Oppcnheim secured an order from JUS
tice Mccarthy in the City Court yesterday. direct
ing Pauline Hall the actress. TO appear in court
on Friday morning and show cause why an order
should rot he made furnishing her for failing to
submit TO examination witness In supple
mentary proceedings agans. her husband George
Il. Mcclellan. November so The order made
after of the plaintiffs against Mcclellan had
sworn that statement of Miss Hall that she had
paid him 800 upon an agreement that the sup