Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-01-20


This an acton to recover $500, the balance of
an agreement between the parties above named, and
MIR. Thompson relative 10 the purchase of some pro.
periy in 1928 for $40 400. As the evidence is no,
more than half through, we defer report tll il is
concluded.
The only other case tried today is an action to re-
cover the amount of several promssory notes IN
which all the parties sued without regard 10 the
sum paid. IL is too long for insertion today.
CoURr or COMMON PLEAs.-Fnday, January 49,
Cunningham RS. Andersor.-Ths an action
for respass brought by the plaintiff aganst Mr. An
derson, who Is city marshal. The irespass II was
alleged, was committed by the defendant by serving
an exeeuion on some goods and selling thelr which
goods Il was malatained were the property OF Mr.
Cunningham.
The facts Of the case they ranspired in evidence
appeared TO be these. Mr.. Ely owned house and
lot AT the of Barrow and the 9th avenue
and was DESTROYS Of dsposing Of H.. Mr. Cunning
ham bought IT, After the sale and purchase, Mr..
Townsend took lease Of the house from Mr.. Gun
nngham and alec purchased all the furniture and fix
lures that in the house credit the amount
Of 81, 200 He paid all bst $780, and being unable 10
pay either the rent 10 Mr.. Cunningham, or the re-
naming $500 10 Mr.. Ely, Mr. Cunningham became
Mr.. Townsends security TO Mr.. Ely for that amount.
Ultimately Mr.. Townsend not being successful in
business, could not pay either the 5000 or the rent,
and Mr. Cunningham was compelled TO pay tina,
sum to Mr.. Ely Tor Mr.. Townsend. Mr.. Townsend
then made an unconditional surrender Of his property
10 Mr.. Cunningham, and left the city.
About this time person named Wilson who was
an Episcopal clergyman in England was introduced
10 Mr.. Cunningham as a highly respectable and res
ponsble man, and Mr. G. placed him in charge Of the
property and Of the house, carry on the former
business which was that Of tavern. The introduce
ton was made through the agency of Mr.. Theodore
Dwight.
Wilson, Itappears, then carried the tavern busi.
ness wthost a license, and sold liquors contrary to
the ordinances of the corporation For this he was
6ncd-an execution was issued the properly in the
house levied on and sold; and the balance Of he
proceeds, after paying tho amount OF the execution
and COSTS was paid over in a few days to Mr.. Wilson
by Mr.. Anderson, the officer This was the trespass
complained of inasmuch as the properly belonged to
Mr.. Cunningham, for whom Wilson was acting az
agent or merely residing in the house until he could
get some one 10 suit him. Wilson, IL appears, made
away with the rest Of the furniture and of to
England
Mr.. Blunt for the defence said, that Mr.. Townsend
morigaged properly TO the amount Of ,279 10 Mr.
Cunnln q am for sum Of e600, and Mr. G. claimed
the whole instead Of taking merely that value from
the whole Of the furniture; he also conended that Dir.
c. holding q mortgage on personal chattles (where
there was a failure 10 comply with the conditions Of
the mortsage) had right to take possession OF the
property sell az much Of the same ~ wosld pay him,
and take the amount due TO him out OF the proceeds,
bat he had no right 10 keep possession of the whole
1 Of the property. The liabilities Of Sherh's officers
were very great; che officers here went and found
Wilson in possession Of the property. Wilson pointed
the properly out as being owned By him; he LEVIED,