Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-06-25
Superior Court
A full Bench present.

JUNE 24-Hs Honor the Chief Justice delivered
the following DECISIONS
John Myers and wife VS. John Constantine and
characterization In tins case set aside without
costs; the parties to settle the original rule within
hteen days from this date, plaintiff to be at lib
erty to issue new execution.
Park Benjamin VS.. the Mayor, &c. of New York.
Judgment for the plaintiff.
Joel b. Post ct ais ads the Cayuga County Bank.
Motion for new trial denied.
Michael Penizer vs.. Wiliams-Ju Judgment for
plaintiff on the demurrer with liberty to defendant
TO plead de noso in ten days after Of this rule
on payment of costs.
Charles Oakley ads William stone.-Judgment
for PLAINTIFF.
ran, ct ais VS.. Jacob Acker, sheriff-On the motion
OF the Attorney for the REALTORS, il is ordered that he
Sheriff be called, and he il is orde red
that his default be, and the same is hereby entered
and, on like notion II is ordered that the paint n
have leave to HE interrogatories and that the dc.
iendant answer the same on Monday next.
James b. Danfsrth VS.. Alexander Campbell.-New
trial granted-costs TO abide the event.
Laurence vs.. Harbsck.-This was an action TO
recover an amount OF commissions alleged to be
due from the defendant to the plaintiff TOR &c rtain
services performed by him in settling claim the
Spanish Government.
IL appeared that in the year 1884, a number of un
derwiters and public companies had claims on the
Spanish Government for American property confs.
Gated, and among them the defendant, who claimed
sum amounting Ia SI6 400 for the loss Of the brig
FAIRY. The defendant prepared number Of papers
and made an oer To the claimants TO prosecute their
claims, and got the papers prepared for counsel for
an allowance OF y per cent. Subsequently ar
rangement was entered into by which the plaintiff
was TO dc all the business and to have per cent on
the amount recovered and in several cases this sum
was paid him. A commissioner appointed by
the government Of the United States, and settle
ment effected with the Spanish Government, by
which arrangement stock was created to paw off
the claimants, and Of money was also paid 10
them in full satisfaction Of all demands.
For the defence, il was set up that the stock had
fallen so low as to be almost and that the
compensation claimed by the plaintiff was out OF
all proportion TO the services rendered by him In
reply to this, II was proved that the defendant had
received considerable sum, ard that other claim
ants had paid plaintiff per cent in cash on the net
amount which they had received, ever and above
their claims and that the defendant had promises to
do what the others did
Ills Honor, in his charge to the Jury left il for
them to say what compensation the plaintiff ought 10
receive, and charged them TO find specially 10 the
value Of the stock, and to apportion the COMM
on tho amount Of stock recovered by the plaintiff.
a TO give him certain per centage on its value
or in other words, for him to receive his commits
sons IN stock, and IN cash. His Honor further al
rccted that sealed verdict be brought i'm al the
opening Of the Court on Tuesday