Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-01-19
Law Proceedin rs.

Law Proceedings.
SUPERIOR CoURT, January l9-before Judge Tall
madgc.
.Mtnas rs Oakiey.-This was an action brought
by the plaintiff, Mrs Msnns against the defendant TO
recover the sum of $4,000. On the part of the plain
utf' was testified that Messrs Boyle Il Humphreys,
dry goods merchants Broadway, made an assignment
OF their goods to Mrs. Munns Ii was also alleged
that after the assignment Messrs. boyle e. Hum
phreys trans erred goods 10 the value Of $4,000 and
upwards TO Mr.. Oakley. Upon this ground the present
action was brought by Mrs. NUNS TO recover that
sum, the property belonging TO her the assignee.
On the part of the plaintiff witnesses were brought
who testified that the goods in question were so dis
posed of 10 the value OF $500. Western, for the plain
nfI then introduced some of the clerks of Boyle Il
Humphreys who could prove the value of the balance.
Their testimony was over-ruled by the Judge who
decided that the clerks creditors under the as
sgnmen and that, therefore, being interested par
ties, their evidence was incompetent, until they were
paid what was due to them.
The counsel for the plaintiff therefore, submitted to
non suit.
Patterson rs. Parker-Ths was an action to re-
cover the amount OF note for $1,000. 1t appeared
that on or about the 18th of June 1897 Mr. Patterson
loaned the mercantile house of Smith d Town the
of $50 600 10 enable them to ship cargo 10 Ant
werp. Several notes 10 the value of about 500 900
placed in the hands Of Mr. Patterson collater
al security for the money advanced by HIM 10 their
house. These notes in The shape of acceptances
given their house by Dir. Parker of the firm of Brk
head, Parker g. Co. of Rio Janeiro. Ii being alleged
that Mr.. Parker was indebted TO their house on his
own private account tdistnct from the partnership
llabiues) TO larger sum than the total amount of
his acceptances which about $4,000 in ALL
These acceptances were given by Parker to them in
November 1886. The house of Smith IL Town fail
ed on the Sd of April, 1887. 1t was also testified TO
by Mr. Town that soon as the cargo shipped
for Antwerp, the bills Of ladng be given up
Mr.. Patterson and the acceptances of Parker to
Smith g. Town which he held as collateral security
were then to be returned 10 those gentlemen. Forsome
IL. H.
never shipped and the notes therefore remained
in the hands of Mr.. Patterson Mr.. Town also
stated that Mr. Parker indebted 10 their
firm account current to the amount of $40 600.
That he also proessed 10 have outstanding claim
against their house TO considerable amount on
which they did ackne Wedge their Indebtedness.
But there has been final settlement of the Deepen
dencies between Parker and the house Of Smith d.
Town. The acceptances given by Parker TO .her
house. Mr. Town said, entirely in the shape Of
accommodation paper; but in answer 10 a question
of Juror he also admitted that he would not have
felt authorised 10 ask for final settlement OF the ba
,ance due their house from Parker without taking
into the account and deduc,ing from he same the
amount Of acceptaHces given 10 them by Parker. Ii
was further proved by Dir. John s. Smith that the
note in question passed TO Patterson before il
was due. TINS the case. r
For the defence IL was contended that the accept
ors name merely written on the face of the note
or bt and that therefore he not liable in law for
The a1oun of the same sndcr the Revised Statutes.
L. Il Il,
sec 81 mo person shall be charged as an accepior
OF bill of exchange unless his acceptance shall be
in writing, signed by hmself or his lawful agent
The counsel for the defence here contended that The
statute required something more than the name 10
render acceptance good and valid to hold the
party liable for the The Judge charged that the
hil was drawn in the usual form, and the defendant
had accepted IN the regular mercantile ma N and
that this acceptance therefore. was clear and full
enough TO come under the provisions OF the statute
The jury found for the plaintiff; exceptions were
taken and the vii be argued before Judges
Jones, Oaklye and Talmadge, a. an early day.
CouRr or COMMON Pleas, Jan. l5ih-Before
Judge Uishoeffee.- Turner rs. Hsgan and lBiine.
This was an action TO recover the sum of s274,70
the amount of bill Of lading and costs of suit
Capt. Turner was master OF the brig Finley, and
brought large cargo from p. A. Burr Of Liverpool.
VINO chartered the vessel consigned TO Rawson Il
MMurray. Amongst the freight was large qlanti-
~ Of slate for Hagnn and Milne Ii was proved for
the plaintiff that H. and NJ did net object TO paying
they said that Capt. Turner called the day after he
arrived, and told them that the vessel was consigned
10 them, and they consequently advertised her. The
amount of their freight was S2iS "a.
For the defence u was commended that there was
delivery proved the store Of the defendants Of
the state.
The Judge decided that a delivery on the wharf
Of the freight aud the service al notice that effect
on the defendants tboth of which were here proved)
was all the delivery that was actually necessary in
point of law. And, he added further, that IL was
doubted by good Judges and soand la wyers whe-
Their a simple delivery the dock without the SER
vice Of any notice net all the delivery that the
law required.
The counsel for the defence then proved, that on
the 18th Of October last he paid Mr. MuIoch, the
Plaintiffs counsel, S2l9 80 for the freight and costs
up to that time; and that MIR. VI. gave in his bill of
costs 10 be taxed. He eontended also that this
tender made after the suit brought; not enter
cd on the pleadlngs, bat merely made a matter of
proof on the trial. And further that the act Of the
counsel in taking the money and having his costs
taxed was n sufficient proof of his acceptance as a
full satisfaction OF all demands against the defend
ants.
The counsel for the plaintiff commended that he
could receive part, and throw the suit into Court
and litigsie for the balance.
The Judge decided that his having his costs taxed
was fatal to this suit and he therefore suited the
plsinuf on the ground that the debt and costs were
paid
The counsel excepted, and the court will deliver
matnred opinion on the making out case.
F'ayard rs. Bulipinkis.-Ths was an action for
an assault and battery. Mrs. Fayard rented premi-
ses OF Mr. Bullwinkie, 239 Mulberry street. " was
proved by Young lacy that Mr.. y. ANNOYED Mrs r.
very much-he tore the boards off the well and Oft
the roof Of the house, and let the rain in. NJ +.
demonstrated with him, and whilst so doing he struck
her violent blow in the face. The defendants son
that Mrs +. spit in his fathers face before he
struck her but he did not the blow. The jury
found for the defendant We only notice the case
because we think that every man should be chronI-
a