Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-20
Superior Court.
A full Bench present.


OCT. ls-Twenty. eve Jurors not answering to
their names, the Coart fined each man S25. The
Court further ordered additional panel of ~ 10 be
made out.
His Honor, the Chief Jsstice. then delivered the
ioAowing decisions, but in SO low toae of voice,
that but lew OF his observations ere heard beyond
the seat of the Clerk the Court
John McVickan st ais rs Tnnis Van Pelt 81 ais
Judgment for d defendants
William ST. John, rs John w. Rnaldio The
was an application on the part of the defend
act Rinaldo, to set aside the decision of the Court
given below in an &C ion to recover the amount of
promissory note for Slf so, on an objection raised
BY tie counsel at the trial, that the notice Of
ment was insufficient.
His Honor said that the only ground to sustain this
objection, was the examination of the witness who
could not recollect whether the note he gave de-
lendant notice Of was for Sl,20o or for the amoant
sued for. He had full recollectio of pres entng
one note, and Rinaldos letter from Florida admitted
the existence Of a note. This the Court held 10 be
sufficient notice, and gave judgment for plaintiff
The Steam Navigation Company a ais, David
Lee d diS.-Thc question in this case was whether
the action was properly brought, the company
OF which the pintiffs com Posed had not been char
tered by the State Of New York, bat by foreign
State. The Cosrt held that they could recover in
the ordinary way, and gave judgment for plaintiff.
Benjamin Aymar, ct. al. VS.. George W. Bruen. -
Tins was an application for new trial, and TO set
aside verdict for the plaintiffs, action on note
FOR S!O-3 % Endorsed by the defendant the ground
OF It's beirg part OF consignment which mad been
made TO the plaintiffs house conditionally The
Counsel for the defendant commended that the cond
ton had not Leen fulfilled His Honor said that tho
defendants witness had placed the unestion be.
ysnd doubt, and therefore gave Judgment for plain
The verdict TO be adjusted by the proper officer.
Obadiah Holmes ads The Nero hants Bank-This
was demurrer to declaration in which plaintiff
specially This was held by the defendants counsel
t. be insufficient, AMI now came up on appeal
from the Court below His Honor said the objection
was ingenious but not sustainable and gave judg
nj lsfa,
in 10 DAYS.
Richard Irving Us Nehemiah Rogers-The same
as the saMe-This was an action a bond, in
which Judgment had been entered in this Court and
on hearing before the Supreme Court the decision
OF this Court had been reversed and that decision
being carried to the Court of Errors the of
this Court was restored. The defendants now applied
to be released from the costs of the appeals but the
Court denied the motion, and gave Iuds ment for
plaintiffs in both cases.
The Jackson Marine Insurance Company rs. An
drew S. Garr-Jadgment for plaintiffs with liberty
TO defendant to plead within ten days.
Thomas Nelson ads Charles w. Bartock ct ais
Motion for new trial denied.
Peter Gardiin Us. George Van Inweeen.-Tbis
was an appeal which came up a writ Of certiorari
from one Of the assistant Justices, respecting the
competency Of witness. The Court held that the
witness was competent in consequence Of the elease
which had been handed to him by plaintiffs Attor.
new. His Honor therefore affirmed the judgment of
the Court below.
THE FAILING SysrEM.-In re j. It. Masters, a
prisoner III tne lily TTleOn on appllcatlon To be ber
aed bail In this case, it will be collected that
the Court of Sessions directed that the prisoner
should not be baled. His counsel now brought him
before the Superior Court a Habeas Corpus
Messrs Merritt and Shaler, stated that their client
was charged with having in his possesso five notes
on the Delaware and Hudson Canal and Merchants
Bank, said notes having been altered from S2to $50,
with intent, to defraud ONE persons unknown
The District Attorney opposed the application at
great length and citedh order of the Court Of Ses
sions respecting the bail The learned gentleman
also cited in support Of his objection ths Revised Sta
tutes, Vol 2, Pages 59S and go, which specified the
officers who have the power to admit 10 bail, and
restrain Judges or Commissioners from bapg
during the term Of the Court wherein the bill of in.
dictment was found
MriaIerritt contended that this order Of the Court
OF Sessions was tyrsnnical and amounted to denial
ofbah
Judge Oakley said he was of opinion that the Sta
tate took the case out Of the hands Of the Court.
After some further conversation among the COUNSEL
the Court directed the matter to stand over, as no
decision could be given whilst the Court Of Ses-
sions was in term.
The jury tried in this Court were of no pub
lie interest
Adjourned at eight p. NJ.