Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-20

A report was road from the police committee, ad.
verse to appointing person TO act as interpreter and
assistant clerk to the police court and court Of SEES
sions. Adopted.
Also, report from the market committee, granting
the use of the room Franklin Market for rell-
glous meetings amongst seamen twice every sun
day. Adopted. nsr-r-s -
The Street Committee presented report concurrlHg
with the other Board in building sewer in l09th
street, from the 9Th Avenue 10 the easery side OF the
Sd Avenue. Adopted
Also report concurnng with the other Board In
changing the name OF Mill street 10 South william
street. Adopted.
Also an amendment requiring the Superintendent
of Streets 10 Cause the name OF the street TO be put
up, and the numbering to commence at Broad street.
Adopted.
The Report from the Committee appointed TO in
quire into the and frequency or hres In THIS
city, and authorizing the appointment OF one or more
persons with powers call papers and individuals,
under the sanction of the legislature was LAID on Inc
table.
A report from the Street Committee concurring
with the Board of Aldermen in regulating the 18th
Avenue between Oath and 18th streets, was adopted
Also report mot acted upon by the stker Board,l
favorable 10 regulating 2sth street, between 9Th and
10th Avenue Adopted.
Reports adverse to relieving Thos. w. Pitman from
tax; favorable TO relieving Adam Treadwcl from
tax favorable TO relieving Joseph Delacrolx from
erroneous tax on $60000 and favorable 10 relieving
uSccSSSiiCut
all adopted
Papers from the Board Of Aldermen.-The follow
ing resolution which was passed IN the Board OF Al
dermen this evening" was then read and carried =
Resolved, That if the Board Of Assistants concur
that the Counsel OF the Board be directed prepare
memorial to the Legislature for permission 10 create
a stock, for the purpose OF paying such amounts as
have been or may be recovered against the Corpora
ton for the destruction OF property by powder during
the fire of December, 1885; and also praying the Le
gisature appropriate $4,000 dollars annually Of
the monies received for auction duties in the city of
New York, to be applied 10 the payment of the inte
rest on said stock, and the creation of sinking fand
for the exhngulshment of SAID debt and that the
same be submitted TO the Common Council
A motion was made and carried, to reconsider the
report relative to the cause of fires.
(Let stng)
SUPERIOR CouRT Feb. l9.-Before Judge Jones.
Only TIVE tried today the first was that OF
the North American Coal Company versus the New
York Dry Dock Bank, for balance OF an account in
which verdict was rendered for the plaintiff for
S598l3.
The second cause was that of George w. Staples
versus David Codwise.
This action to recover the amount OF a
note, being something over $500.
1t appeared that the note was drawn by Codwise
q Bailey, who were partners Montgomery J. Bal
ley passed it TO Mr. Staples, who discounted at
rate OF q per cent per month. Z.
For the plaintiff il contended that when ne re-
ceived the note he did not know that Mr. Bailey was
partner of the house of Codwise Il Co., the ma
kers of the note that he paid the money on 1t solely
because the name Of that house was on II as the
drawers; and that he bought the note out and ost
The deiency was usury; and Mr.. Bailey proved 1t
was merely an accommodation note drawn by Cod
wise & Co. and discounted by the plaintiff at "a
per csnt per month.
The Judge charged that il was clear case Of usury,
which made all nstes void in the hands Ut the holder,
on which he took more than 7 per cent per annum
He observed that il was alleged that the note was
sold bat II was strange to suppose that man should
sell hs ewn notes this note never had vitality g.
when il passed into the hands of the plaintiff, It would
have obtained vitality had he not tainted 1t with
ry. But il was, the note never became individual
property; and he could not see how the partners OF
the firm could BY any private arrangement or agre-
one of them individually. And IT would be strange
anomaly for maker TO sue an endorser. MIR. David
Codwse, the defendant in this suit would have
made himself liable 10 this.
In order TO bring about such state Of things, the
nete must first become the property OF third IN
nocent holder and then be endorsed back exclusive
ly 10 one of the l. akers. As 10 the question whe-
Their Staples did not know that Montgomery J. Bar
ley was of the firm Of Bailey q Codwise at the
time he discounted the note, was matter OF no mo-
ment, and made no difference in the present case
because If il did, there would al once be end viz
tually OF the force of the usury laws.
The jury found for the defendant.
CrRcurr CouRr-Monday, Feb l9.-Before Judge
Edwards.
The whole Of the day was occupied with the tria
Of the Messrs. Hudsons versus Macarty, for tres
pass in forcibly ejectng them from his premises.
The ease lies in a nat SHE'LL Dir. M. is the lessee Of
a certain part of the Tontne buildings at the foot OF
Wall street Mesrrs. William and Robert Hudson
rentsd part of the premises a news room. The
rent was in arrear, and Dir. nj. Instituted legal pro-
ceedings TO put them out. The regular process was
served, and the key delivered to the officer After
this Mr.. Ms lawyer or agent returned the key to Mr.
w. Hudson on condition that next day fresh sure-
ty was to be gwen and the lease renewed.
| This was the 10th Of March, and the Messrs. Hud
continued to occupy the premises as tenants al
will from day TO day ill the 9Th Of May. In the in
| term, Mr.. Macarty received portion of the back
rent. On the evening of the 9Th as no new surety
was given, and all the arrears OF rent were not
paid, he roughly expelled them from the premises.
For this the action was brought.
Judge Edwards charged the Jury that the csnnec-
ton between the parties, as landlord and tenant,
was virtually al end, by reason of the judgment
which Mr. NJ obtained in the ward court.
Mr. Morris for the plaintiffs contended that there
was a renewal of the contract by the act of Mr.. M.
r a. 81 I'D. IL