Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1837-06-24
$4,000

Leaving fourteen thousand dollars secured on bond
and mortgage in HamlltOns favor, which bond and
mortgage was to be considered part ofthe purchase
money In February, Mr.. Delafeld sold the Sun
dusky for sic 900.
The plaintiffs contended that during this time Ham,
ton acted merely as their agent, and that they
therefore clearly entitled to the balance between the
sum due him and the amount for which the boat was
sold-as also for the note collected and for the bal
credited, received from the Insurance Com
pany.
These facts were proved by Mr.. Delafeld and Others
in fact there was but little contention on this point
the whole matter resting on the validity of the sale
made to Captain De Grooi.
Judge Jones delivered the following charge:
1t is fully proved that on the 23d March, Sl4,265
was due to the defendant Hamilton. II is also clear
that he received the money for the note given him
collateral security; that the steamboat sold for
$4,000; under this aspect Of affairs II would seem
that the plaintiffs clearly entitled TO the overplus
With respect TO the money received from the Eagle
Insurance Company there is no doubt II is clearly
due the plaintiffs is also the amount Of the note
collected. Is hs,sale of the Sandasky TO Capt. De
Greot bona fide sale, was it merely sale of the
boat by Hamilton TO himself? IL appears TO have
been mere verbal transaction, no writings of any
kind, and no money passed IN the bargain. The
cond sale then takes place. and this clearly proves
the mere pretex of the first; for II is Mr.. Hamilton
manages, conducts and receives the avas through
out Ii may be said that the plaintiffs ac9uesced in
the sale to Captain De Groot but this should be made
out in the most satisfactory manner, which it clearly
and sold 10 the highest bidder the transaction would
have been binding, no matter what the price given
for the boat might have been; but as il is, there
great doubt The period Of this transaction embraces
only three weeks, length Of time not sufficient TO
justify confirming an assent. How came the account
rendered TO the plaintiffs in the hands of the de-
fendant unless sent back 10 be corectedl This
conceive to be fair view of the subject.
In favor of the defendant II is to be considered that
Mr. Delaheld considerably overrated his property in
barterlng II for the steamboat He admits TO $4,000
over value. There 10 no proof however that Hamil
ton overrated his lots in Second street, at least no
such proof has been given here-we are therefore
bound 10 believe that he sold them at their market
value Mr. Delafeld sells the boat for sic 600 which
is probably her real worth. Whatever items appear
charges previous TO the 23d Of March, must be dis
carded. | think, gentlemen, that with little cacu-
atlon fair and equitable verdict easily bs given.
After this charge the bill for $500 for upholstery
permitted to be proved to have accrued after the
22d Of March. The case then went to the jury, who
after about two hours deliberations returned verdict
for the plaintiffs Of one thousand and eight dollars and
slxty-three cents.
SPECIAL SESSIONS June 23.-Bsfore the Recorder
and Aldermen Varan and Smith.
The following prisoners were put upon their trials
Ritson Berry charged with petty larceny-seang
variety Of trfng articles. Guilty. Sentenced 70
the penltentiary for fifteen days.
Henry Bennett charged with assault and battery.
Guilty. Judgment suspended.
X. Smith, charged with stealing barrel oil hour.
Guilty. Sentenced 10 the Penitenary for SIX months
Rachel Caldwell, charged with stealing tea Kettle.
Guilty Sent about her business, with caution not
10 steal any more.
whole batch Of assault and battery cases were
now disposed e. The facts disclosed contained no
interest.
Dennis Langton, charged with assault and battery
on his wife. Guilty.
Recorder-How came you to beat your wife, Den
nis2
Denns.-She's not my wife
Complainant.-Och you thafe o. the world to belle
an honest woman in open court
Recorder.-You must pay five dollars, Dennis.
Dennis-Five dollarsl can't and | shan't; I've
suspinded payment.
Recorder.-You must then 60 TO PRISON.
Dennis.--Tll be kept tharei
Recorder.-Yes, you'll be kept there till the five
dollars paid.
Complainant. lfo TO yer honor; he'll re-
mimber striking his wife, any how.
Dennis, looking sarage-Pll be out agin dariint
and thin.
Recorder.-We adndge you TO get out stone on
Blackwels Island for three months
A variety Of petty were then disposed OF, ana
the court adjourned.
PoIrcr, June -Monopohzing John
son. negro was brought before Mr. Justice Hopson
charged with taking unto himself more Oh the Jar ser
| than the law permitted. On the I'd OF May last,
| Johnson espeused Missee Alice Bundy his hrst no,
\ .-Ao-, ha rnarried on The 2ad of Nav isss No.