New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-01-06
LEGAL INTELLIGENCE.
ppocErprNGs IN LOCAL COURTS.

Charles McE;voy. theatrical manager. recovered
a verdict OF 500 against the Metropolitan Traction
Company In the City Court yesterday for injuries
he received h, being thrown from broadway
cable car In March. 1924. McI;voy signalled to the
gripman to stop, and was about to get on inc
platform when the man started the car and Nc
Evoy was thrown violently 10 the ground, SUSTAIN
ing injuries which Frustrated him for some time
In Part II Of the City Court. before Justice van
wyck Charles Nelson secured n verdict Tor si'V'o
damages yesterday against the Third Avenue oCm ni
pany on exactly similar state OF facts } ne acc!-
DEM happened in August. 1894. at Ninety -nrst-st
and Thrd-sve.. and Nelson had both his legs IN
jured.
Justice Lawrence In the Supreme Court yesfer-
day granted an injunction to Thon as W. Lawson
and Camille Wiedenfeld. restraining Wiiliam buch-
anan from the prosecution OF the action against
J. Edward Addcks, OF the Bay State Gas Com
pany which resulted In the appointment OF re-
ceIver. Buchanan IS also restrained from selling
the securities deposited with him ar coi'ate ,,a
By Ad6cEs Until IL after the disposition of this in
junction suit
Justice McI.aughln in the Supreme Court yes
terday heard argument in O suit brought by Philip
H. Mcleod against Henry c. Miner, George j.
David and Fanny Kraus. late propretors OF the
Imperial Music Hall, to have $1,000 which he lent
to them declared lien on the music hall. or, in
case OF this being impossible account OF the.
change Of ownership. to be allowed judgment for
tbA amount against the defendants. Mcleod as
serts that in October 1895 he entered into arr
rangement with the defendants by which he was
TO advance 5000 and lift a mortgage of $1,000
against the hall and be partner in the enterprise.
He made the advance. expecting, he says that the
mort gage would be taken up The defendants re-
ply to the suit that the sale was absolute, and that
Mcleod forfeited his rights when he failed 10
take up the mortgage. Justice Mclaughlin re-
served decision.
Justice McAdan in the Supreme Court handed
down a decision yesterday of importance to mer-
chants buying goods in bond. and especially to to-
bacco merchants. The decision given In a suit
brought by Sigmund Ashner against Max Abcnheim
and others Ashner purchased from the defend
ants twenty-six bales of Sumatra tobacco through
a broker and received bought note The plaintiff
paid the purchase price and received the tobacco.
but. having subsequently ascertained that the duty
35 cents pound and not Is cents, as stated in
the note paid to the defendants. brought an action
10 recover the difference The General Term of the
Supreme Court held that since the plaintiff agreed
TO purchase many pounds of tobacco at a given
price II would make difference whether the duty
was 35 or IS cents per pound The tax. says JUS
tice McAdam. was IS cents, and the statement that
PENDANTS adopted the representation when their
broker inserted it in their contract and they are
liable. II follows that the cents Wrongfully
acted from the plaintiff aust he regarded as so
much money equitaby belonging to hun, which he
The question whether :he ive-story building Nos.
1876 Franklin-st. and rs and 10 North Moorest. the
L-shaped structure which with a large stock Of
groceries was destroyed the night of April %.
1885, cola psed as result of fire caught fire after
II had fallen came before jury In the United
States Circuit Court, Judge Wallace presiding. yes
terday. The question arises in suits which j. II.
Mohlman & Co.. the grocery finn which had Just
moved into the building from Jay-st. when the
crash came have brought against a number of in
surance companies of this city. Canada and Eng
land. to secure payment on fire policies amounting
to sllsOo0 The first suit came up for trial yester
day. II Is against the Western Assurance Com
3any Of Canada. and is regarded as a test case.
The insurance companies refuse to settle with
Mohlman & Co. on the ground that under a clause
in the policies the effect that the collapse OF a
building nullifed the insurance they were not re-
assert. the building had been weakened by OVER
loading the floors and that II collapsed the Nle
following Mohlman e. Co asser. that the fall of
the building was subsequent TO the outbreak OF the
fire.
William r. Harris, representing the General The
illogical Seminary applied to Surrogate Arnold yes
terday for an order directing the executors Of the
will of Miss Mary A. Edison to pay to the seminary
a beauest Of Sl5 90 left II by Miss Edison con-
test over the will is now in the Court Of Appeals
but Mr. Harris Says that Notwithstanding the l;ti-
cation the legacy can now he paid. as even II t,ie
more than 1t now applies for. The Surrogate al
lowed a week for the filing affidavits in oppo-
sion.