14335. North River Savings Bank (New York, NY)

Bank Information

Episode Type
Run β†’ Suspension β†’ Closure
Bank Type
savings bank
Start Date
November 30, 1875
Location
New York, New York (40.714, -74.006)

Metadata

Model
gpt-5-mini
Short Digest
e6f43cd54cb24afd

Response Measures

None

Description

Multiple contemporaneous newspaper reports document runs on North River Savings Bank in Nov 1875 and Oct 1876; the bank met withdrawals promptly. Later (May 1877) court records show a receiver (R. M. Goff) appointed for the North River Savings Bank, indicating ultimate closure/receivership. The 1875 run appears driven by local bank failures/excitement; the 1876 episode was triggered in part by an internal quarrel among trustees/President. I classify the overall sequence as run β†’ eventual suspension/receivership (closure).

Events (3)
1. November 30, 1875 Run
Cause
Local Banks
Cause Details
Panic/excitement among depositors due to failures and suspensions of nearby savings banks; local alarm among depositors.
Measures
Bank paid depositors promptly; officers reassured public and emphasized surplus/assets.
Newspaper Excerpt
A run was made on the North River Savings Bank yesterday, but the officers are satisfied that it will not continue.
Source
newspapers
2. October 9, 1876 Run
Cause
Bank Specific Adverse Info
Cause Details
Uneasiness occasioned in part by a quarrel between the president and other trustees (internal management dispute) which worried depositors.
Measures
Bank kept open all day, trustees present to explain affairs, paid all demands (declined external aid).
Newspaper Excerpt
A slight run on the North River Savings Bank ... about $7,000 withdrawn ... trustees decided to keep open all day ... offers of aid from sister banks were declined.
Source
newspapers
3. May 20, 1877 Receivership
Newspaper Excerpt
The North River Savings Bank vs. Foran et al.-Order appointing R. M. Goff receiver, &c.; receiver's bond approved (May 1877 court entries).
Source
newspapers

Newspaper Articles (13)
1. November 30, 1875 New-York Tribune New York, NY
Article from New-York Tribune, November 30, 1875

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THE SAVINGS BANKS. FEELING OF SECURITY IN THE LARGER INSTITUTIONS -EFFORTS TOWARD RESUMPTION AT THE SECURITY BANK-RUN ON THE NORTH RIVER BANK-EXAMINATION OF THE OFFICERS OF THE THIRD AVENUE BANK. The savings banks "funerally are paying all depositors applying for money. Depositors as a rule do not draw heavily in December, in order to save the interest due at the beginning of the year. The officers of the large institutions have no fear of trouble. There is much distrust as to some of the smaller banks, but it is believed that the excitement is calming down, and that the alarm is local, confined to the Third-ave., between Twenty-third and Fifty-seventh-sts., in the immediate vicinity of the suspended Third Avenue Savings Bank. The President of the People's Savings Bank stated yesterday that there had been no meeting of the trustees or officers of the institution. Nothing could be done by them, and they were awaiting the action of the Attorney-General. They had been given notice to show cause to-day why a receiver should not be appointed. They were not going to show cause, but would allow the appointment of a receiver by default. Several depositors called at the bank during the day for information. No statement has yet been prepared. Mr. Benedict, Secretary of the Mutual Benefit Bank, said yesterday that the trustees were endeavoring to put the affairs of the bank on a sound basis, which would satisfy the Superintendent and depositors, with the view of soon resuming business. Hedeclined to state whether the trustees intended to make up the deficiency as they did in 1873, or what the amount of the deficiency was. No receiver, he said, had been appointed, and he did not think that there would be one. No notice had been received from Mr. Ellis as to what action he would take. By to-day or to-morrow the action of the trustees would probably be made known. A large number of depositors at this bank yesterday gave the required 60 days' notice of withdrawal. Henry Clausen, President of the German Up-town Savings Bank, said yesterday that his bank was in a perfectly sound condition. Two months ago, before be became President, a committee investigated the affairs of the bank thoroughly, and reported its surplus to be over $25,000. No examiner had investigated it since. The eause of the adoption of the 60 days' rule had been the alarm arising from the failure of two or three banks in the vicinity. This bank was located between the Manufacturers' and Builders' and the Central Park Banks, both of which had suspended, and on that account its depositors had shown considerable unnecessary alarm. Sums of $20 were paid without notice. Several depositOTS gave notice of withdrawal yesterday, but Mr. Clausen said there had been fewer withdrawals than he had anticipated. Ane trustees of the Security Savings Bank held a meeting last evening, at the bank, and decided to call a meeting of the largest depositors this week, and ask their cooperation in preventing a run. D. D. T. Marshall, the President, stated to a reporter of THE TRIBUNE, after the adjournment, that several of the largest depositors would be added to the Board of Trustees. The law allowed 30 trustees, and the present Board would avail themselves of this provision, and increase the number. Mr. Marshall also said that the bank had paid to depositors during the past five years $156,000 in interest, and had not lost a dollar by bad investments. There was a surplus over liabilities, and the Bank Examiner's statement showed that the bank wassound. Many of the depositors had called at the bank and expressed their confidence in the management. Mr. Marshall thought tuat the bank would go on again by next Monday. A run was made on the North River Savings Bank yesterday, but the officers are satisfied that it will not continue. The bank has a surplus of $60,000. It is no 11cumbered, the officers state, with any real estate or depreciated securities, all its stocks and bonds are first class, and its assets have a known market value far in excess of the amount due depositors. The total deposits in this bank are about $840,000. At the Yorkville Police Court yesterday, the examination into the charge of perjury against the officers of the Third Avenue Savings Bank was begun, Justice Duffy presiding. The complainant was Georgiana F. Levien. The prisoners in court were John H. Lyon. Toompson W. Decker. David Morgan, Daniel Bates, and William S. Carman. The first witness was Charles W. Hassler of No. 7 Wall-st., editor of Hassler's Weekly Financial Reporter: The testimony of Mr. Hassler, who is regarded as an expert, was mainly occupied in quoting the actual marketable value of Southern securities held by the bank during The of the witness WILA

2. December 1, 1875 The Wheeling Daily Intelligencer Wheeling, WV
Article from The Wheeling Daily Intelligencer, December 1, 1875

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Run on Savings Banks. NEW YORK, November 30.--There is still n little excitement hmong the depositors in savings banks, and n slight run was made to-day on the Franklin Savings Bank, which has plenty of money and is paying everybody as fast as possible. The run commenced yesterday on the North River Savings Bank was continued today, but there is less anxiety among the depositors, who were promptly paid.

3. December 1, 1875 Chicago Daily Tribune Chicago, IL
Article from Chicago Daily Tribune, December 1, 1875

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FINANCIAL. NEW YORK, Nov. 80.-Theie is still & little excitement among depositors in the savings banks, and B slight run was made to-day on the Franklin Savings Bank," which has plenty of money, and is paying everybody as fast as possible. A run commenced yesterday on the North River Savings Bank continued to-day, but there is less anxiety among depositors, who were promptly paid.

4. December 2, 1875 The Sun New York, NY
Article from The Sun, December 2, 1875

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THE END OF THE FRIGHT. Yesterday in those of the Savings Banks that have Stood R Run. The run on the North River Savings Bank, at 478 Eighth avenue, and on the Franklin, at 658 Eighth avenue, ceased entirely yesterday, the depositors being apparently satisfied with the assurance in THE SUN that the banks named could pay dollar for dollar. At the Mechanics' and Traders' Savings Bank. 283 Bowery, a number of depositors assembled in the morning, seemingly anxious to get their money. There was also a line of persons who wished to deposit money. The clerks seemed more accustomed to their work than on Tuesday, and paid rapidly and promptly. Toward evening the demand for money diminished. and a number went away expressing confidence in the institution. The President, Mr. A. Ξ“. Conklin, said : ** The statement of last year does not apply to the bank now. The suspense account of $39,127 07 represented money in litigation, which h is been recovered, and is now an asset. The judgment secured by real estate. $5,178 48. is against a man who is very wealthy, and is entirely good. Our stocks and bonds were placed at the lowest m rket value, and we can get more for them now. We hold no town bonds. Our bonds are all State, city, and county. As for our real estate, we have been offered $147,619.27 for the site, but in our report we put it at only the cost. $126,646.77. We have a genuine surplus of $80,000, for, unlike some other banks. our de: 08118 have increased this year instead of decreasing." Mr. Conklin added that the bank had met with some losses during the Presidency of a former trustee, which had been fully repaired. The bank. he said, would not require any sixty days' notice. but would pay everybody that called. He had received offers from other banks to take up all his securities. He added, Although I don't like a run. I would rather have it now than pay interest in January." The trustees of the Mutual Benefit Savings Bank have been discussing whether they will put in enough money to start the bank again. They will probably resolve to do SO.

5. December 2, 1875 The New York Herald New York, NY
Article from The New York Herald, December 2, 1875

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THE BANK SCARE. END OF THE RUN ON THE SAVINGS BANKS-CONFIDENCE RESTORED. The feeling manifested yesterday throughout the city by depositors in the different savings banks was unmistakably one of greater confidence. In fact, it appears from the investigations made by the HERALD reporter that the excitement of the past few days has almost entirely subsided. That depositors generally are to be congratulated on this result no one can doubt for, as has already been pointed out in the HERALD, the banks raided on have available assets sufficient to meet all liabilities, and the people who have drawn their money from these institutions have simply lost so much interest for six months on their deposits. The really weak banks have been left untouched, much to the surprise of all who know what a really sound bank congists of in the matter of assets. These will, however, it is confidently asserted, be taken in hand by the Bank Department and put into the hands of receivers forthwith. Mr. Ellis is expected in New York to-day, and his action is anxiously looked for. THE NORTH RIVER SAVINGS BANK was to a certain extent raided on early in the morning, but as the day advanced the number of depositors grew small by degrees and beautifully less, until by two o'clock in the afternoon there were but some five or six depositors present seeking to withdraw their balances. The amounts deposited exceeded the withdrawals. THE FRANKLIN SAVINGS BANK was similarly affected, and the run of the past two days was practically at an end by noon yesterday. Many who had previously withdrawn their savings returned in the afternoon and reopened their accounts. THE MERCHANTS AND TRADERS' SAVINGS BANK, although visited in the early hours by quite a number of depositors, was at the closing of business hours almost deserted. The President, as well as the other officers, assert their ability to meet all demands, and say that the scare of the last two days was simply a suicidal policy on the part of the depositors, who by withdrawing their deposits at the present time lose their six months' interest which is an actual gain to the bank. The securities of the bank consist of State, city and county bonds, which can be realized upon at a moment's notice at a profit on their original cost. The real estate held by the bank, it has been ascertained, is fully worth the value set upon it, and from the inquiries made at other banks there appears to exist no reason for the late run, which, however, may now be considered at an end in view of the restored confidence that prevails. THE THIRD AVENUE BANK. It was said by the Committee of Thirteen, appointed by a certain number of the depositors, that a Mr. Tate, of No. 229 Broadway, had been appointed receiver, in place of Mr. Carman, by Judge Westbrook. THE MUTUAL SAVINGS BANK. Affairs were in statu que yesterday. The trus tees are exerting every effort to make good the do ficiency and so resume business. This will probably be done during the next six days.

6. October 10, 1876 New-York Tribune New York, NY
Article from New-York Tribune, October 10, 1876

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LOCAL MISCELLANY. ALARMED DEPOSITORS REASSURED. SMALL RUNS ON THE NORTH RIVER SAVINGS BANK AND THE GERMAN OF MORRISANIA ENDED. A number of depositors in the North River Savings Bank, at Eighth-ave. and Thirty-fourth-st., became uneasy on Saturday and drew out about $7,000. The bank was opened yesterday at 9:45 a. 1a., and the trustees decided to keep open all day to accommodate any who might wish their money, instead of closing as usual from 3 to 6 p. m. Several of the trustees were present, explaining the state of affairs to those who desired information, and not more than a quarter of those who called remained to draw out their deposits. About 3:30 p. m. the last of the line was paid, not more than $25,000 or $30,000 having been paid out during the entire run on the bank. George Moore, President of the West Side Bauk, and Robert Schell, President of the Bank of the Republic, offered yesterday to the North River Bank any amount of money necessary, but their offers declined, as the funds of the bank were amply sufficient to pay any demands. Mr. Moore said he was certain that the North River Bank was perfectly safe, and that he had entire confidence in its official statement of July 1, 1876, which gives the assets as $809,617 38, and liabilities as $737,662 11, leaving a surplus of $71,955 27. William B. Stafford, Secretary of the North River Bank, said yesterday: "The bank can pay every cent it owes and have $80,000 left. It has no liabilities except to depositors, and the more they draw out the larger will the surplus be, on account of their forfeiture of interest. The bank has been run on the most economical principle. the total expenses having been only about $4,800 for the six months ending July 1, 1876." Mr. Stafford and some of the trustees opposed to John Hooper, the President, said that the only trouble was with Mr. Hooper. They accused him of inefficiency and want of attention to the business of the bank. They asserted that, although he was required by the by-laws to be at the bank daily, he sometimes did not come for weeks. Mr. Hooper last revening sent the following letter of resignation to the trustees: GENTLEMEN: 1 was invited to the presidency of this bank by the unanimous vote of the trustees upon its orgauization in 1866. Each successive year I have beeareelected, with almost the same unauimity, up to January. 1876, when, greatly to my surprise, without any outspoken objections to my management, or any complaint of the want of attention to the duties of the office, a formidable opposition presented itself, but not sufficient to defeat my election. Since that time this opposition eas become more aggressive, producing a great want of harmony among the trustees, and making especially disagreeable to me. I therefore respectfully resign my posi ion both as president and trustee, with the consciousness that I have, at all times and in every way, done my duty, with considerable sacrifice, and without expecting r receiving any compensation whatsoever. Your obedient servant, JOHN HOOPER. New-York, Oct. 9, 1876. A rumor was current last week that the German Savings Bank of Morrisania was in a very weak condition. On Friday a few of the depositors withdrew their ac counts, and on Saturday, the report having gained greater circulation, the bank was througed. All the demands were promptly met. About $8,000 was paid out, which was $5,000 in excess of the amount ordinarily paid out on Saturdays. The deposits on the same day amounted to $8,000. The trustees issued a circular stating that the withdrawal of deposits to a considerable amount would make n cessary the calling in of a large number of small mortgages on property owned by residents of Morrisania, which would ruin many, and cause a general depreciation of real estate in the vicinity. The circular asserted that the capital was amply sufficient to pay all demands iu full. The trustees agreed. if the depo-its were allowed to remain, to hold themselves responsible, to the extent of their individual property, for the payment in full of each depositor; otherwise they would consider themselves released from responsibility. It was found yesterday that the circuiar produced the desired effect; only $700 was drawn out. The officers declare that the bank is in a good condition, and at the end of the month they will make a tall report. Since the report made on Jan. 1 there have been no unsuccessful transactions, and the surplus now is greater than it was then, when the assets were $523,116 97, and consisted principally of mortgages and stocks and bonds in this State and New-Jersey, and Oswego Midland Railroad bonds. The liabilities were $511,229 35, and the surplus $11,887 62.

7. October 10, 1876 The Portland Daily Press Portland, ME
Article from The Portland Daily Press, October 10, 1876

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NEW YORK. The Savings Banks. NEW YORK, Oct. 9.-The run on the Northwest Savings Bank continues, aud a run was begun to-day on the German savings bank of Morrisania. Both banks are believed wholly safe. Proceedingsagainst Tweed and Sweeney. The struck juries for the trial of the million dollar suit against Tweed, and the seven million suit against Sweeney, appeared at the adjourned term of the Supreme Court before Judge Westbrook this morning. The judge stated that he had been assigned to Ulster circuit, and no other judge being available the cases were adjourned to Nov. 13th. There was a slight run on the North river savings bank to-day. All the demands were metand aid from sister banks was declined. Scull Race. The junior scull race at Greenwood Lake today, two miles, was won by Orr of the Seo wanhakos in 14.15; Mann of the Argonautas second; Mills of the Atalantas third; Conlen of the Friendships fourth. Imprisonment for Life. David Henry Peterson, a young negro, was convicted to-day of murder"in the second degree in killing his colored mistress and sentenced to imprisonment for life. Pools on Ohio and Indiana. Pools were sold to-night on the Indiana and Ohio elections. The betting on Indiana ranged from $100 to $80 down to even on Williams, and the same betting prevailed regarding Harrison. The betting as to Ohio on Barnes ranged trom 100 to 35 and 100 to 25, with many takers in the field. Pools on the result in the state of New York were sold, and 800 to 100 was offered that Tilden would not carry the state, and 500 to 100 that he would not carry it by 40,000 majority. Both bets were taken.

8. October 10, 1876 Daily Kennebec Journal Augusta, ME
Article from Daily Kennebec Journal, October 10, 1876

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NEW YORK. Gold from England. New York. October 9. Twenty-five thousand pounds of British gold bars were received at the assay office from London, to-day. A Reported Panic. A special from St. Petersburg reports a panic on the stock exchange there. But as the report has DO effect on the London market no credence is attatched to the report. Convicted of Murder. David Henry Peterson, a young negro was convicted to-day, of murder in the second degree, for killing his colored mistress-sentenced to imprisonment for life. Run on a Savings Bank. There was a slight run on the North River Savings Bank to-day. All the demands were met and aid from sister banks was declined. Scull Race. The Junior scull race at Greenwood Lake, today. for two miles, was won by Orr, of the Sea wauhakas in 14.15. Mann of the Arguantas 2d, Mills of the Atlantas 3d, Canlen of the Friendship 4th. Pool Selling. Pools were sold to night on the Indiana and Ohio elections. The balloting on Indiana ranged from $100 to $80 down to even on Williams, and the same betting prevailed regarding Harrison. The betting as to Ohio, on Barnes, ranged from 100 to 35 and 100 to 25, with many takers in the field. Many polls on the result in the State of New York, were also sold, and $80 to $100 was offered that Tilden would not carry the State, and $500 to $100 that he would not carry it by 40,000 majority. Both bets were taken.

9. October 10, 1876 New-York Tribune New York, NY
Article from New-York Tribune, October 10, 1876

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Other savings banks rans are announced, but seem not likely to produce bad results except to frightened depositors who withdraw their accounts. In the case of the North River Savings Bank, a quarrel between its President and the other trustees appears to have occasioned the immediate trouble; but savings bank depositors are generally in a frame of mind in which it takes very little to worry them.

10. October 12, 1876 The Sun New York, NY
Article from The Sun, October 12, 1876

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Getting Out of Deep Water. The promptness with which the demands of depositors were met has had the tendency to restore confidence and entirely stop the run on the North River Savings Bank. Mr. Stafford, the Vice-President and Secretary, says that the most perfect harmony exists now among the trustees and officers. "The bank," he says, "has a surplus approximating $30,000. the full amount it is allowed to carry under the law, and is prepared to meet any further demands that may be made upon it.' Mr. George Moore, the President of the West Side Bank, has written a personal letter to Mr. Stafford in explanation of his statement published on Tuesday. He save that he did not intend to be understood as in any way attacking the perfect soundness of the bank: on the contrary, be would guarantee to take the assets now and pay all the debts with. in sixty days, and still have a surplus equal to what is represented by the last statement of the trustees.

11. May 20, 1877 The New York Herald New York, NY
Article from The New York Herald, May 20, 1877

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# DECISIONS. ## SUPREME COURT-CHAMBERS. By Judge Barrett. Matter of Bartlett, &c. -Granted. Matter, &c., of Stewart.-Referee appointed to take proof and report. Gates vs. Gates. Upon these papers the plaintiff can take an order vacating the stay. ## SUPERIOR COURT-SPECIAL TERM. By Judge Sanford. Canby vs. Dutcher. -Receiver's bond approved. Townshend vs. Allen et al. -Reference ordered. Savery et al. vs. Low. Order granted and undertaking approved. Hayne et al. vs. O'Connor.-Order reviving action granted. Janner et al. vs. Cander et al.-Order granting leave to sue. Rothman vs. Neverath et al. -Order for publication granted. Fowler vs. Keligan. Order amending order of May 5 granted. Milter vs. Lynch. -Ordered on day calendar for May 24. The Republic of Peru vs. Reeves.---Judgment signed. Hunt vs. Melcher et al. Commission ordered. Cary vs. Cary. -Order granted and undertaking approved. Robbins vs. Falconer. Motion to vacate order of arrest granted, with $10 costs. Levy vs. Grossman. Order denying motion for injunction and Receiver, with $10 costs to defendant. Farkington vs. Delehanty.-Order granted and undertaking approved. The North River Savings Bank vs. Foran et al.-Order appointing R. M. Goff receiver, &c. Wilson vs. Adriance. -Order granting defendant an extra allowance of $250. Hoe vs. Smith's HomΕ“opathic Pharmacy; O'Reilly vs. Bowers; The Dorchester Union Freestone Company vs. Blesson et al. -Orders granted. By Chief Justice Curtis. Butler vs. Austin. Order for commission. Quinn vs. Van Pelt.-Ordered on day calendar for Monday, May 21. Ross vs. Harden et al.-Order restoring cause to calendar. The Gutta Percha Rubber Manufacturing Company vs. Torrey.-Order granting plaintiff an extra allowance of five per cent on amount recovered. Lester vs. Long.--Ordered that proceedings be discharged as against Edmund Long. By Judge Sedgwick. Weber, &c., vs. Schrod. Motion granted; new trial ordered; verdict set aside. Adolph vs. The Central Park, North and East River Railroad Company. Case and amendments sottled. ## COMMON PLEAS-SPECIAL TERM. By Judge J. F. Daly. Matter of A. and E. Flaurand vs. Shaw. See memorandum with clerk. New York Life Insurance Company vs. Silicock. Memorandum for counsel. Field and another vs. Sanford, Motion denied. It appears that there is a denial of a material allegation of the complaint; also that the indebtedness was extended by a note failing due only after this action was commenced; $10 costs to defendant. Conns vs. Masters.-Motion denied; cause not regularly on calendar. Durand vs. The Ornamental Mirror Company.--Default opened on payment of $10 costs, and defendant stipulating to place cause on Friday's calendar May 25, 1877. Sherman vs. McGinnis. Under the circumstances of this case I do not feel justitled in ordering an extra allowance. Motion granted, without costs. Hollywood vs. Hollywood.-Further proof wanted as to fact made material by section 42, article 3, 2 R. S., 145. Imhust vs. Burke. Proposed supplemental answer should be served with motion papers. Leave to review motion granted. McMurty vs. Kerwin. Motion denied for want of proof of service of amended complaint on parties appearing. No costs. Gunnison vs. Nichols.-Motion granted. A receiver should be appointed, but he should not be a party to the action, owing to the nature of the dispute as to the debts to be paid out of the collections. ## MARINE COURT-CHAMBERS. By Judge McAdam. Biauvelt vs. Parker. Costs against the estate of deceased person can be allowed only upon the special order of the Court, (3 Wait's Pr. 535.) The case in the 14 Howard, p. 481, applies only to cases where executors are plaintiffs and fail in the action. The motion will, therefore, be heard on the merits, on the 23d Inst., at ten A. M. Ross vs. Grand Trunk Railroad Company. Taxation affirmed. Earle vs. Newman.-Arrest vacated on stipulating not to sue. Lewis vs. White. See indorsement on papers. Hudson vs. McArtour. The defence is a technical one and ought not to be favored. The defendant's application to compel a reply, being discretionary, will therefore be denied. No costs. Fisher vs. King; Smith vs. Rowe.-Motion for judgment granted, conditionally, as per indorsement on papers. Casanova vs. Truguilo (three cases). -Judgment for plaintiff on demurrer, with costs. Comstock vs. Ramsay. See papers. Rabenstein vs. Brennan.Decision filed. Thornton vs. Wogram; Krizer vs. Berger; Kimball vs. Donneil; Ford vs. Keal (three cases), -Motions granted Bloomer vs. Yerby.-Proceedings dismissed. Ragsdale vs. Griffin; Vannett vs. Osborn; Peck vs. Many; Gottsueben vs. O'Connell; Beerrieer vs. Schooley, Tailman vs. Beer; Barnum vs. Carpenter.-Defaults noted. Tetuite vs. Mann. Motion denied. Schaefer vs. Stegner. Mr. A. C. Anderson appointed receiver. Glenuey vs. McGill.--Motion granted; no costs. Wheeler vs. Drennan.-Default opened and cause restored to calendar for May 24 on payment within two days of $10 costs of motion and $10 Term fee. Schott vs. Hamilton. Under the prayer for relief the appellant will be allowed to serve a proposed case within three days on payment of $10 costs. Ditson vs. Lewis.-A. H. Roudcoush appointed receiver. Marks vs. Rawley.-Motion to vacate arrest denied, but speedy trial ordered. In re Hoteuer. Detendant discharged on his own recognizance and examination set down for the 23d. Merril vs. Duparquet; Fiugger vs. Same.-Process amended nunc pro tunc. No costs. Mullen vs. Larkin; Brick vs. Steinberg; Kennell vs. Graves; Lanny vs. Flanagan; in the matter of Willam Morgan; Kirkland vs. Solomon; Kittrick vs. Kelly; Hawk vs. Philbrick; Hoss vs. Morrisville Manufacturing Company; Bernowsky vs. Jacoby; Folkart vs. Felix. -Orders granted. Howell vs. Behring. Inspection allowed.

12. May 29, 1877 The New York Herald New York, NY
Article from The New York Herald, May 29, 1877

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DECISIONS. SUPREME COURT-CHAMBERS. By Judge Barrest. Burs vs. Elliott.-I do not feel justified in holding that there is not sufficient evidence to go to a jury. It may be slight, but this is a consideration for the Grand Jury, or, if a bill be found, for the petit jury upon the trial of the indictment. Writ dismissed and prisoner Decker remanded. Grant vs. Palmer.-Motion denied, without costs, and stay vacated, but without prejudice to any independent action or proceeding which the petitioners may be advised to institute. Ryckman, Jr., vs. Fice. The case of Merrill vs. George, 23 How, 331, inclusive of this motion. In the case of Frisbie vs. Young, to which I referred upon the argument, I find that the ruling was that, as matter of fact, the defendant was a resident, and the decision was placed in part upon that ground. The motion must be granted, with $10 costs. Gilbert vs. Snape.-Upon those papers the defendant is, of course, entitled to an order to file the report, and as the case stands the plaintiff is entitled to a denial of the motion for an allowance, but I would suggest to the learned counsel on both sides that the referee has not heard and determined the action; that the report is incomplete and interlocutory, and that the referee should have proceeded with the accounting until he could have directed a final judgment between the partners. It should be sent back to the referee to complete the trial of the issues and to report in such a manner that final judgment can be executed. Law vs. Ramsey. The plaintiff was agent of the corporation, has brought suit, and now finds that he cannot maintain it. The amendment sought is really to avoid the consequence of this failure and enable persons who can maintain the action to bring it without paying the defendant the costs of the successful defence of the action as it originally stood. The ordinary course would be to deny the motion and let a fresh suit be brought, but as some questions not involving the merits may be avoided by the amendment it is granted upon payment of all the costs of the cause to date and $10 costs of opposing the motion. Collins vs. Municipal Gaslight Company.-A clear case for a reference is made out. No court at circuit would subject a jury to the investigation of over eighty items in a bill of particulars. The defendant submits an affidavit that other questions are able to be tried, but nowhere suggests either that these numerous items are not to be separately considered or that they will be admitted for the purpose of avoiding a reference. The pleadings do not indicate that difficult questions either of law or fact are involved, and certainly they do show in connection with the bill of particulars a long account within the meaning of the Code. Motion granted and cause referred to C. H. Hildreth to hear and determine. People's Bank vs. Hamill.-There was no injunctions from the court in bankruptcy and the plaintiff was not in any manner stayed. It was and is entitled to proceed in this court, and the only question is as to the excuse for the defendant's non-attendance. I think that he has shown that there was no intentional contempt and therefore the proper order will be to direct a conditional attachment. Let an attachment therefore issue unless the defendant within five days pay $10 costs of motion, submit to examination at a day and hour to be fixed in the order not later than such five days. Bearup vs. Carraher.-As the receiver's proceedings were stayed upon giving good security on the appeal I can perceive no good reason for making a fresh appointment at the present time. Such a step would probably involve additional and unnecessary expense. If the defendant fails to prosecute his appeal with diligence the plaintiff has her remedy. The motion to fill the vacancy is therefore denied, without costs, and with leave to renew in case and whenever the General Term affirms the order appointing the original receiver. There seems, however, to be no reason why a referee should not be appointed to hear and determine. The action is for an accounting and the case is one eminently proper to be referred. That much of the motion is therefore granted and Mr. C. H. Hildreth is appointed as such referee. Piace vs. Chesebrough.-There were but forty within the terms of the stipulation, the eight adjournments prior to the day fixed for the hearings were not meetings. The twenty adjournments on the day and at the hour fixed should be treated as meetings within the intent and meaning of the stipulation. This is within the facts stated in Mr. Blackwell's affidavit. The referee says there were sixty meetings, including the time of making the report, but he does not particularize nor deny the details stated by Mr. Blackwell. The stipulation did not provide for time spent on the report, nor does the referee state how many meetings it took him to prepare it; upon the whole the referee's fees prove properly but $200 instead of $300 and there must be a readjustment on this basis. Williams vs. Gusbrecht.-Upon the additional affidavits presented and the further consideration of this case are inclined to give to plaintiff an opportunity of speedily trying the cause. Motion granted for first Friday in June. Reynolds vs. Dobbs.-The defendant's conversion of the note was purely technical and involves no moral turpitude; according to the findings in the suit against Moody and Harriet he was the victim of others, from whose false representation he has suffered, under such circumstances he is clearly entitled to credit for the amount collected by the plaintiff in the Brooklyn suit less the actual taxable costs. He ought not be charged with the counsel fee of $600 in that suit. An order will therefore be made directing the clerk to enter satisfaction of the present judgment to the extent of $1,597 82, that being the difference between $1,834 75, the amount collected and $236 93, the cost, and with leave to move for a further reduction or for complete satisfaction in case the costs and allowance of the Brooklyn suit shall, at any time, be collected from the defendants therein. SUPREME COURT-SPECIAL TERM. By Judge Van Brunt. Wheaton vs. Voornis, and Collender vs. Collender.-Opinions. Smith, &c., vs. Campbell et al.-Decree signed. Fischerman, &c., vs. Ganter.-Findings settled. The People's Savings Bank of Providence vs. Francklyn and another.-As under section 172, it seems to be a matter of discretion to allow the plaintiff to sever or not, and as it does not seem absolutely certain but that the provision of the section was not intended to apply to cases such as the case at bar, and as unless the plaintiffs are allowed to sever the statue of limitations has run as to some of the defendants, I think such a provision should be inserted in the order, which is resettled accordingly. SUPREME COURT-CIRCUIT-PART 2. By Judge Van Brunt. Cavanagh, &c., vs. Dinsmore, President of the Adams Express Company.-Case settled. SUPERIOR COURT-CHAMBERS. By Chief Justice Curtis. Blau vs. Goldsmith.-Order allowing receiver to sell goods. The North River Savings Bank vs. Foran et al.-Receiver's bond approved. Havemeyer et al. vs. Havemeyer et al.-Order denying motion for a new trial. Waterbury et al. vs. De Comery-Nos. 1 and 2.-Orders substituting attorneys granted. Lavery et al. vs. Law.-Order continuing injunction. Feituer, &c., vs. Van Saun.-Order settled. The Nassau Bank vs. Rockett.-Motion granted on defendant's consenting that the action be referred and taking four days' notice of trial. No costs of motion. Freeman vs. Freeman.-Motion for reference denied. There is no proof of service of the complaint on the defendant, in accordance with rule 87. Butler vs. Lee.-Allowance of costs by clerk sustained, except as to the items for term fees and for proceedings after notice of trial. Droge et al. vs. Brett et. al.-Motion for an allowance denied, without costs to either party. Klein vs. Klein.-Reference ordered. Chittenden vs. Mulford.-Order of substitution. By Judge Santord. Thomas vs. Scribner.-Order adjourning examination and trial of cause. Robbins et al. vs. Falconer.-Order vacating order of May 18, 1877; Durands vs. Duncan.-Order of reference. Lord and another vs. Hart.-Order overruling answer as frivolous and for judgment. Struppman vs. Muller et al.-Motion denied without costs. COMMON PLEAS-CHAMBERS. By Judge J. F. Daly. Johnson vs. Basstord.-Report of referee confirmed.

13. May 30, 1877 The New York Herald New York, NY
Article from The New York Herald, May 30, 1877

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DECISIONS. SUPREME COURT-CHAMBERS. By Judge Barrett. Spetlmann vs. Helienstein.-Motion dismissed, with $10 costs and stay vacated. Jocket VS. Cull.-Motion for a receiver granted, with $10 costs. Pentz vs. Guilfoyle.-Motion granted, with costs, and $10 costs of motion, unless plaintif, within five days, pay $10 costs of motion and stipulates to reter the action to a referee to be agreed upon or to be named by the Court and to proceed de die in order be1ore such referee on five days' notice. Wilson vs. Barney.-Report confirmed and account approved. Francis VS. Republic Fire Insurance Company.-Order of May 22 set aside, without costs, and motion granted. Morgan vs. Jeremiah.-Motion granted on the payment of the costs which have accrued since the original answer was interposed and $10 costs of this motion and stipulating to ask no delay of the trial in conse. quence of the amendment. Matter of Sands, &c.-Report confirmed and order granted. Vogle vs. The Mayor, & - Motion granted on payment of $10 costs of opposing the motion. Gabel vs. Gabel.-I think the plaintiff has now com. pleted his case and will be entitled to a decree upon complying with the late law as to his own innocence, to be found in the Daily Register of May 10. Gillian vs. Mitten.- am unwilling to make this without knowing something of the condition of the fund-now much the receiver has received and dispensed, and what for, and some testimony as to value as well as necessity. SUPREME COURT-SPECIAL TERM. By Judge Van Vorst. The Security Bank vs. Warren, &c.-Case and amendments settled. SUPREME COURT-CIRCUIT-PART 3. By Judge Larremore. Strong, &c., vs. Taintor.-Case settled. SUPERIOR COURT-SPECIAL TERM. By Chief Justice Curtis. Beyer and another vs. Amatel.-Undertaking on order to arrest approved. Conover et al. vs. Conover, &c.-Order and consent extending time. The North River Savings Bank VS. Foran et al. -Or. der of reference to Daniel Lord, Jr. Thurber VS. Hughes of sureties. Rust vs. Hauseit.-Order making judgment of Court of Appeals judgment of this Court. The North River Savings Bank V3. Foran et al.Judgment of foreclosure and sale. Savery vs. Feyh.-Order substituting attorneys. Beltany vs. De Forest and another.-Order amending pleadings and discontinuing as to M. J. O'Reilly. Green vs. Turnbridge.-Mouson for confirmation of referee's report granted and ordered that plaintiff file security for costs. The Nassau Bank vs. Rockett.-Order for reference. COMMON PLEAS-CHAMBERS. By Judge J. F. Daly. Dongan and another vs. Meyer.-Motion granted, without costs. States vs. Brander.-Application dismissed, with $10 costs. Matter of Casady.-Allowance of $60 per month. Leach vs. Henderson and Brockway vs. Doyle.-Motions granted, with $10 costs. SUPREME COURT--GENERAL TERM. By Judges Davis, Brady and Daniels. Sturgis, &c. vs. Drew et al.-Give notice of setticment for the 1st of June at half-past ten o'clock A.M. Ordered by Judge Brady. MARINE COURT-SPECIAL TERM. By Judge McAdam., Deitz VS. Casey.-Discontinuance allowed on payment of $10 costs. See Marine Court appendix, p. 44. Scott vs. Watts.-Hand in proposed order appointing receiver. Myers vs. Flynn.-Motion granted as per order filed. Beadelston vs. Weyrich.-Amenument allowed nunc pro tune, without costs. Fish vs. Goulding.-Mr. George W. Gibbons appointed receiver. Loomis vs. Morrisson; Adams vs. Perkins; Fanning: vs. Lindsay.--Motions denied.