The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-31
Court of Common Pleas.


AUG. 30.-Charies Henson Henry ID. LOOMS,
Joseph E. Ayres and Samuel Foster.-The firm of
Newman IL Foster, livery stable Keepers corner
Broome and Mercer streets, was dissolved in June,
lS4l Newman took the stock and stand, binding
himself TO pay the debts of the establishment, and
giving Foster four notes OF $50 EACH secured by a
the concern. In March last, Foster and Ayres 1.-TWO
OF the defendants) on balance due the former on
the mortgage, and demand against the firm held
by the other, got out wrts against Newman, which
were served by Mr.. LOOMS, and three cabs, TIVE
horses, and some harness. taken to the bazaar, and
sold. The plaintiff (who was coachman to Mr..
Hamilton Wikes) claims TO have bought the pro-
perry of Newman and exhibited bill of sale TO that
effect for $500 He brings the present action of
rover to the value OF the stock levied upon,
and the question now Is, was the sale TO him bona
tde or merely cover on the part OF Newman to
defraud his creditors. Henson claims, In addition,
TO have rendered the amount due on the mortgage
but that ii refused II appeared in evidence
that Newman requested several persons during the
The Court charged that the question of fraud mus
be decided by the Jury on the testimony that had
been presented. In relation TO a tender a mort
gage II was not sufficient that party represented
himself as having the money, he must really produce
il in full with interest, make tender of it, and be
able to present evidence that such had been refused
before he could render the mortgage invalid. The
cas- was conducted with much earncstness by
counsel, and capital jury was on, who, after few
minutes absence, rendered verdict Tor defendants.
For plaintiff Messrs. w II. Ball and F. A. Coe.
For defendants, Mr.. Thomas Warner.
Before Judge Ingraham.
Seth Perry. Ifos. X. Ransom, and others CORNERS
of ship Cor. CASE johnson g. Locden.-The
defendants established a regular line of packets be-
tween Savannah and New York, and, although they
owned no vessels themselves, made fine business
of it by inducing those who did 10 put their vessels
in the line. They conducted their business well,
became popular among the merchants, and their
ships commanded much higher price for freight
and passengers than transient vessels obtained. In
1896 they agreed with plaintiffs TO put their vessel on
the line, and receive certain per centage on the
freight passengers, &c. After going 2 or 3 trips,
the Gov Cass arrived al New York in August, 1887,
when Mr. Johnson requested that the ship might be
Kept IN readiness for an immediate start, as she
would probably be the next in turn Accordingly
the sails were kept bent the cr,w continued on board
and every thing done agreeably to order After w.
ing here thirty OF forty days, however, the defend
ants substituted the ship Newark and threw the
Gov Cass out OF the line after which She was com,
PEELED 10 go as transient vessel receiving only
$500 tor the same freight that $500 would have
been paid Tor, had she remained as a packet Action
was brought 10 recover compensation for exnences
incurred while lying here, and verdict was rem
dered in favor of plaintiffs. An appeal was made Ia
the Supreme Court, who sent the case back for
new trial. which resulted as before. Another An
peal was had and the case again sent back
Now the issue. The Jury sustained the former
decisions, giving verdict in favor of plaintiffs for
$500
For plaintiffs, Mr. Charles Sherwood For de-
PENDANTS, Mr. Clarkson and Mr.. Bidwel