The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-01-08
Circuit Court.
Before Judge Kent.

JAN. John y. Mitchell rs Isaac Jones Ell al-This
was an action of repevin Mr.. John S. Mitchell,
Jr was one of The firm Of Street Mitchell. Said
hrm became unfortunate bust SIS and the house
hold furniture Of Mr.. Mitchell, Jr in franklin st
said to have been Of costly and elegant descrip-
non, was, as now asserted assigned to his father,
the piaiotif in this suit, who had been endorser
lahd great loser) for the frm Part of the furni-
lure was sold at auction, and portion Of it, such
piano, candelebras, Brussels carpet, elegant ia
oes chai, s. and other articles, cboicely selected,
eheh oy Mr. thompson, Jr. 10 the hoasc of Mrs.
Bucha Allen, "a Varck street. with whom himself
and lady look board. In January, 1910, MIR Jones,
the defendant, obtained Judgment and ex ecution
against tne nrm OF Street Mitchell, for 1902 and
the Shern levied upon the furniture in pos session
OF MI Mitchell, Jr. at the house of Mrs Allen
The plaintiff replevined il, and now brings suit
MIR Mitchell, Jr. subsequently removed to Connec-
tcut and part OF the urniture-the piano and other
artcles-were there scen appeared by the te sti-
mony, In his possession, and the counsel for Mr.
Jones contended that the plaintiff never in IA Ct
had owned 1t, although bill Of sale, and other such
dccuNents, were shown, the furniture never hav-
ing gone ont OF possession of Mr.. Mitchell, Jr-
The Jury gave verdict for defendant in the
amount OF claim and interest, being $3.50.
MIR. Curtis for plaintff--for defendant Mr.. r. J.
Chlon.
Peter W. Hinton Us. Jane Hays ct ai.-Ths also
was an action Of replevin. The house of Hinton
& Moore (John w. Hinton and Jas. A. Moore) ve-
~ extensive ship owners in South street, failed in
1884, and assigned their property. amounting to
nearly half million of dollars, to Messrs Armour
Bancker, for the benefit of their creditors. The
assigRees appointed Messrs. II. a. M. their agents
to settle up the concern. The plaintiff in this suit
who is the son of Mr. John w Hinton, was placed
in the schedule as u creditor, to the amount Of
nearly $4,000. Mr.. j. w. II. at the time Of the
Iaure, resided at 4! Dey street, and MIR. Moore at
70 Broadway, and the furniture in their houses az
included in the assignment--that of the former,
short time afterwards, was conveyed to the plain
TN, who took possession and transferred il to his
house in Greenwich street. Mr.. John w. Hinton,
with his family, removed to Staatsb urgh, in this
State The following winter they passed in the
house OF the plaintiff, ard in May following, MIR.
J, w. H. took house in Washington street, and
the whole of the family, including the plaintiff,
who had recently lost his wife, went to reside there
taking the furniture in question, which, it is al
legged the son had loaned to his father with view TO
the making OF him and his mother comfortable in
their dec lining age. This placed in the house
and has since then been in the of the ia
Their, In 1899, Mr.. John w. Hinton, wrecked.
though not wholly discouraged, took a house Of
Mrs Hays, the defendant, No 8 Vandewater st. for
the purpose of keeping boarders. The third quar-
ters rent he was unable to pay in season, and his
subsequently given mp, the amount being settled.
He removed on the 80 April, 1910. to No s Rose
street, leaving the last quarter ($ll7) unpaid
Mrs Hays followed his furniture with a warrant,
and it was levied upon the 18th NAV. Mr. Pc
ter w. Hinton had removed SOUTH but left nm agent
to act for him, who reple and suit is brought,
Mr. i. BRYANT, the officer who levied on the
third quarter, testified that Mr.. John w Hinton
said nothing about the property belonging TO his
son, but spoke of it as his own
The Jury, after short absence, returned with
verdict in favor of defendant.
For Piainti&, w. s. Sears, Esq.-for defendant,
G. Clark, Esq.