The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-06-23
Court OF Common Pleas.

Before Judge lngraham.
JUNE 22.-JJhn Il. kellogg and Nathdi. y. Taylor
DGn d. Nash and a. Bassford-Five young printers
sociatcd themselves under the firm OF Kellogg CO. to
print daily paper and hired of Mr. Bassor portion of
the building in Ann street. adjoining Broadway. Finding
the concern Improbable they dissolv ed leaving the
erals with John b. Kellogg, of the plaintiffs in this
with Mr. Taylor TO publish the Commercial Transc rip
and remov ed the printing materials, which had been in
possession OF his recent firm, from No to No. ~ Ann
street The articles of copartnershp with Mr.. Taylor
were for three years, the profits be divided The
Old irm was indebted to Mr.. Iassiord for years rent
ana he issued landlords warrant, which given
Mr. Nash, who seized the materials which had been
moved from the premises of Mr. b. They consisted Of
type frames, imposing stone, SIC. The articles
plevned and suit brought The plaintiffs claim that
Mr. Bassiord had lost his lien the goods having
cepted the key the time of removals ana also that the
levy was made after the 30 days allowed by law had
PRED by which it rendered invalid. This the de-
PENDANTS denied and in addition averred that the plaintiffs
mad no right to bring the action they did the
property, but that belonged to Mr.. Richards proprietor
ofthe printing presses in Ann street. The jury found
verdict in favor oideendants valuing the materials
plevi at $3.50
For plaintiffs, Mr.. Allen and Mr. Van Antwerp
Messrs Bell and Coe aud JAS T. Brady for defendants
Before Judge Inglis
John II. Smith John e. Foley (Engler e. FoieO and
Monmouth b. Hart sherif.-Among the profitable western
customers that the merchants of the commercia empo
rium' possessed, Mr. Patrick Cullen a somew hat
extensive dealer in fancy and dry goods 81 Dauphn
street, Mobile, Ala, together with his lady, Mrs Anna
Cullen, who kept millinery establishment the
premises Afew months since, wnen Mr. Cullen had OBJ
tanned hrst rate supply of goods and got into
chants 10 the extent OF about he found
convenient to stop pay ent. Mr.. John A. Smith is bro
Their to Mrs Cullen. He from Ireland in 80
and landed, as Mrs. c. did, at Philadelphia. He APP
prenced to tailor and Anna successfully her car
Tor Mr.. C.. whom she married. and went of to enjoy her
fortune at Mobile. MrSmh worked short time as Jour.
ncyman at Philadelphia but subss@Dcntly found his way
also to Mobile. When Mr.. Cullen stopped PAYMENT,
the creditors discovered that he hada QUIZ to the
wealthy Mr.. John A. smith, who became duly installed
as owner" OF the establishment, Mr. and Mrs c.
nuing there merely assistants Mr. c. then sent to New
York, and compounded with OF his creditors 25
cents the dollar, and might have successfully
to pay all his debts and pocket few thousand dollars
in the bargain but for the cruelty of Enger and Foley
to whom he was considerably in arrears A few weeks
since, Mrs. Anna Cullen came as the agent of Mr..
smith, to purchase goods on his account partly for cash
with which to repensh the two stores. She received
draft in letter from her husband the Fulton Bank
$1,000 which she laid out. A knowledge of her
mcnts to the of defendant when he issued
achmont against Cullen, and seized prime lot of goods
which Mrs c. about shipping board the Waverly.
Theywere repevned valued $500 % and Mrs depart
ed having first given her testimony de bene In that
she declares that Mr. Smith othe and ohe
goods taken. He is man OF property now. While in
Philadelphia journey tailor, and before he TO
Mobile, he had his health and CHS hands, He is her
brother and the youngest of the two. Is sure he is OF
age, and % - years old wishes it he
not of age, would make her younger The DRAFT she
got from Mobile signed and by her brother the
plaintiff, in letter from her husband. Will not show
that ettert relates to him. herself and her child would
not show TO her counsel her father. Mr.. Smith
owner Of the store, aad Mr. Cullen keeps desk in the
back part SC.
husband has been customer" she stated that Smith
owned the store but when Mr. Cullen got his bust
settled up he would take back. She also spoke
the effect elsewhere The Jury considered Messrs.
and found for defendants in the of $500 o. the value
OF the goods with $40 80 damages, and cents costs.
For plaintiff Mr. j. ). Bosworth and Mr. e. Denroche
for defendant, Messrs McCoun Clarke and MIR. j. C,
Hart.