The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-22
Court OF Common Pleas,


John Rahbone Stephen w West-The plaintiffs one
those and mucho.behonored indiv iduas who
cunt the rong Of nearly hundred since first
hey the light; and he has not lived without ncreas
ng his store to extent commensurate with the oppor
unities which old father Time has afforded him to that
elect He now finds himself master Of estate, il was
aid the trial worth $500 600 possessing income
Il between $1,000 and $4,000 per annum and hopes in
addition there but little doubt Judging his good
management greatly he shall be called
Renee, "to be seen no more on earth The defendant
r. West IS one OF our sturdy respectable citizens. ne
stable in Riders alley Corning an l. with the house at
$500 per The present action is to recover OF him
portion OF the last quarters rent, with interest also
5000 the alleged damage AIMED in consequence OF
the defendant deepening the cellar Of the stable
Il appeared that Mr. West caused al2 loads of sand dirt
be taken from the cellar he wished to appropriated
as place in which to keep cow He contends how
that he did so in consequence of under.
standing with plaintiff and that the crack in the wall had
not been caused by him, he had net dug below the
foundation He also contends that the plaintiff owes him
$40 for repairs and that he had rendered all the money
that was due by him. The cause ably contested by
the respective counsel After few minutes absence the
Jury returned a verdict in favor Of defendant.
For plaintiff, Mr. Davies and Mr. David Graham--For
defendant. Mr.. w Mulock.
Before Judge Inglis
Benz. j. c. Miles Vs. Anthony CsrroH-This
tried two years ago. and judgment given for plaintiff
document subsequently found however, which sp-
peared to throw light upon the subject The verdict
was set aside, and new trial granted Now the issue.
The plaintiff keeps grocery at the of Broome
and Centre streets In May, 1888, the defendant
ced getting groceries of him. and by the succeeding De-
cember had obtained such to the amount OF 1851 CSC To
recover this sum the present action is brought.
For the defence stated that the defendant (who is
member of the bar, keeping Office at the OF
Broadway and Pine street0 had money dealings with a
broker named George w. Soule, who Kept desk in his
Office and indebted to him. in the spring of 1885, in
the of $500 Soule told defendant that he
rested with Miles in the store and wished him to take
groceries there TO the of $500 his soules
count in part satisfaction of what he owed him.
Defendant, therefore, with full knowledge
the part of Mr.. Miles, to this agreement opened
the account question: and he contends that Soule and
himself is liable. In proof of his position he stated
Soule bill against tenant Of S7b collect with orders
for pay the of defendant Soue collected the
money but the landlord would receive it, owing
its being uncurrent He then loaned it 10 Miles, who
gave him short note payable in current money This
afterwards transferred to defendant who receiv
him to give up the note for Si75 to Soule as he Soue
had settled the bill for groceries This is the paper that
had been lost Defendant also attempted to prove that
Soule partner with Miles, as he had been seen in
the store with his coat Off waiting upon customers and
therefore the sstof was good without the
renee of plaintiff The Judge ruled that in a demand
against Soule and Miles he thought there sufficient
with the sustain action but the
did not reach sufficiently far here. The letter
atng TO the $l75 and the settlement Of the BILL il
and signed by Miles, under the expectation of getting his
pay but did not and that unintentonally left in
defendants hands, owing to the desk of Soule being in
his office. The defendant brought up strong testi
nony in support Of his assertion, but not sufficient
overpower the other SIDE The jury after about hours
s479 &c., being the claimed with set off as to
the note.
For plaintiff, Mr.. ]. Hows-for defendant, Mr. C. C.
Marsh and Mr. j. w. Gerard.