Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-04-21

COURT OF COMMON fLEAs-fnday April Z0th-
Before Judge Ulshoeffer-Burnam and Daw versus
Simeon Brolaski.
This was to recover 1928 A, the balance on a suit
brought last September. The defendant proved by
Mr. Butler and Mr. Brest, that al the time of his ar
rest in September he held bill Of the plaintiff q for
e266 80 drawn by them, payable TO their order, and
endorsed TO Messrs. Austen, Wilmerdng & Co., from
whom the deien3 snt bought il.
A Mr. Low ieslIfi ID that when he arrested defend
ant in September he told him he lad no available
note as a 30. off,
Mr. Brest testified that no sold the note in queston
TO defendant four days before his arrest was sold
for cash, and the money was not paid I'LL one month
after.
Counsel for the plaintiff objected TO this appearing
as a cash sale because cash was paid at the time
The case OF Chapman and Schoolcraft versus La
throp was then cited from Cowen including the
authority from East p. 375. "In case OF an agree
to pay cash down for goods, If the vendor dei-
yer the goods without actual payment the vendee
may avail himself OF any legal set OIL, notwiihstand
ing the agreement to pay ready money.
The Judge charged, that if the defendant was the
bona fds holder OF this note a. the time the suit
commenced, they must find verdict for him.
The Jury found for The defendant $3.50, the ba-
lance Of the plaintiff bill which he held possession
Of
BoARp on ALDERMEN Friday, April 20, 1885,
The Aldermen mustered strong at the supper table,
but were dilatory in forming quorum IN the room
above. After waiting SEINE time the Board were cal
led TO order, and Messrs. Taylor. Randall, Benson
X. Smith, Deforest, X. J. Smith, lngraham, Bruen,
and varan, answered to their names
The following petitions and circumstances were
presented and referred or Henry DtHenbsrgh, to
purchase lot; Of the New York Dispensary, fer a
donation a remonstrance from the inhabitants oil
Breome and Centre streets against the laying down
ef The raj road.
The returns of the charter election on the 10 b.,
llth and 18th instant were received, and ordered on
fle
The unfinished business was then takenup.
Ga document III, relating TO the FIRE Department,
being called Alderman Hoxie urged that the small
business shosld be gone through now hrs as the hrs
| organization law would take up all the evening Do
| cument 20, beng the report oil the COMMITTEE on
Wharvcs in favor of granting lease al the loot OF
Marke,feld street 10 George Greer and The Boston
| Transportation Company fer one year, al ~ 250,
was taken ND. Aldermen Vsrisn offered an amend
ment directing the lease Of the wharf for one year. TO
he put up to auction bv the nptroller. Alderman
Patterson argued in favor Of the report OF the commlt
| tee and was replied te by Alderman Vsnan, who
commended that " the duty OF the corporation 10
make the most o the city lands, and tbs could only
be done by public compeiiiton u excluded fsvorIt-
ISM and secured the money 10 the city treasury
After some further conversation the amendment was
neeatved and the original resolution, embracing the
| report Of the committee, adopted.
| Alderman Hox,e (who seems 10 De the pauen OF
the whar bs) then proposed that the report of The
COMMITTEE in favor Of leasing the east side OF per loot
Of MsrkefeId STREET 10 James Alsire, be acted mp
on AIdermsn vsrisu proposed en amendmen, "a
suihorse the comp,roll'r 10 put up 70 public sue.
ton, a. the only equitable and advantageous way o.
disposing Of the pubic property The amendmee