New-York tribune., 1898-01-12
COURT or APPEALS DECISIONS.
THE HALL OF RECORDS cAsE-A SUIT INvoIN
mo EDWIN BOOTHS ESTATE.

THE HALL OF RECORDS cAsE--A SUIT INvoIN-
mo EDWIN BOOTHS ESTATE.
Albany. Jan. 1.-THE Court OF Appeals has dis
missed the appeal In the matter of acquiring u'ie
for the Hall OF Records. in New-Nork city Inc
appeal from a decision Of the Special Ierm
afnrmed by the Appellate Division. First Depart
ment denying writ OF peremptory mandamus
against the city TO show cause why Michael Cole
and s Stanwood Meakin should not he re-
moved as Commissioners TO select site Tor the
hall The appeal made by Henry f. Miier'
j. Frederic Kernochan and other property-hold-
ers on the ground that the Commissioners were
appointed not freely by the Court hut by the
sugge stion Of politicians. and that one Commls-
sioner had interest in the property TO be taken
The Court to-day denied q motion made by Colo
mel Asa Bird Gardiner to place on the calendar
for argument January II the appeals in con-
nection with the canvass OF the vote for member
Of Assembly and member OF the Board Of Alder
men in the X1Xth Assembly District OF New-A YORK.
The Court considered that the case could he reached
IN its natural order in about two or three weeks
Among the other decisions handed down was one
in the case OF Elias c. Benedict ct al. as executors
of Edwin Booth against William Campbell ct al
as executors of the estate OF William Camppei'
The Court Of Appeals. In its decision. reversed the
Judgment Of the Appellate Division. and anirms
the decision OF judge Patterson AT Special Term
The action was for the foreclosure of a mortgage
for $500 given to Edwin Booth in his lifetime
The Court has affirmed the decision IN favor or
the Yuengling Brewing Company in the SUIT or
William Fernschild appellant. agt. the ID u
Yuengnng Brewing Company. respondent This ac-
tion was brought in the City Court OF NeW-fork
10 recover on bonds executed by the D. G. Yueng-
ling. tr., Brewing Company. the predecessor OF INC
defendant d G. Yuengling Brewing COMPANY
which plaintiff claims this latter company assumed
The defence was that II did not assume them The
two bonds sued upon Of s. 900 each are part or
total issue o. 81 1.25S0o.
The Court of Appeals has reversed the order OF
conviction of Joshua S. Helmer. convicted OF
making false statements president OF the Mer-
chants Bank OF Lockport new trial Is Sranted'
Among the other decisions announced to-day
j. l.. Baily agt. Lewis NJ Hornthail and others.
appellants Charles Beardsey agt. George H. Cook,
Nanufacturing Company. appellants; William II.
Clapp agt town of Ellington. appellant; William
der; Esiene Floyd, adminisirairx. appellant
agt. Elizabeth a Floyd; Kate Markey agt County
Carnann-Judgment affirmed. with costs VT. -
Mayor etcNAppeal dismissed. with costs.
Joseph Albert. appellant agt. Albany Railway,
Shss SsSs HSGss BoWen AT CC McRps and
appellants Mary Egan appellant; agt New,Jer,
est. William 5 Keis and another. appellant, +.
G Jones agt G. + Gals appellant Lewis X Ns, seS
White ast G. shre6eg . sPPeaa[ Cathfrine nde A.
ment and orders affirmed with costs,
John coqrnSy as Shern ag Ee9'h IN ner %arG
Bank or brooklyn, appeIdNl-OIuer ol btuci Al
Term reversed and judgment on report of referee
affirmed. with costs
William B. Davenport act. Thomas Morrissey
and others. ppeants-Judgment affirmed. with
costs. and judgment absolute ordered in accordance
with stipulation.
William ]. Delaney, ag- Thomas b. Valentine;
same aCt. same same agt same; Asa l. Rogers
appellant agt c. E PeN-Judgment reversed and
new trial granted. costs 10 abide event.
Henry r. Durfee and another agt. Francis Pome-
roy and another. appellants-Judgment reversed
and judgment ordered for appellant. Francis w
Pomero!.
Edward Freel. appellant. agt. county of Queens-
Judgment modified to reduce the amount or
the Judgment awarded by the referee 10 the sum
Of $3.50 with interest
David X Mccarthy and others. appellants, agt
Frederick p. Ockerman. as late Sheriff etc.-Judg
ment affirmed and Judgment absolute for defend
ant, with costs
Clohelde Bodne agt. Ronald X. Brown Ronald
K Brown and George Chesterman as trustees, ap.
pelants agt Louis A. S BOdine-Judgment az
firmed. with costs.
The calendar for Wednesday Is Nos 636 275 2s9
II 279 $50. LOIS. &2 and 23.