The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-21


july IsIoNs-Rchard Sutton VS.. Geo. d. Bald
This motion to set aside the report of referees
policy Of insurance for $4,000 effected at the New
zaris bound from New York Buenos Ayrcs The nsu.
made by James Bergen at the instance Of SUIT
Baldwin had supplied the vessel and also made i'd
vances tn sutton and the policy endorsed that the
money in case Of loss was TO be paid to Baldwin, who
vas to give $1,000 Of it. to Phillip Marble Jr The steam
ge, and put 10 Bermuda, where she abandoned anc
total loss cla cd for The insurance company resisted
4aldw in received S. 9O0 Marble went from New York
md afterwards died Previous to his going he left
er wh M 80 get su his d sOSO sna the
ame Of the order The referees decided that remaining
$50 should be paid to plaintiff Marble dead,
that defendant saoui receive but u per commits
IONS instead OF per cent, that he had chuged. 1h
curt decided that the referees il error, Baldwin
al rendered himself liable 10 Marble for the
the plaintiff.
Report of referees set aside.
I'm Capes, and others, vs. .4ianson She'vocdBy Law
Congress persons putting repairs vessel allow
ID to hold said vessed in lien during her continuance
he port uhere the repairs made aud IL days
her leaving said port The plaintiff repaired the
oat Norfolk She left New>York the LIST July and
,arried to New Windsor up the North river New
ourgh she was followed IN the early part OF August anG
plaintiffs contend that the meaning Of the act embraces the
whole Southern District in which New Windsor is stu
ated. The Court ruled that the meaning of the
considered in the popular acceptaton of the
late decision Of the United States Court held that
the hsrbor of New York did comprehend un interior
town, in which opinion this Court entirely agrees.
Verdict for defendants.
VIM T. Seymour John Miiis.-The defendant had
given notes for $500 each to take his share) lsnd
rcculaon of $4,000, at the East Brdgswater Bank bu
which his did appear He had been deceived
giving the notes but not by the agent ofthe bank New
iai denied
Jpiiiiam Myer, plaintiff in error Joseph Hart and
feniy Hart, assignsss Of Naturalization Tor recovery
VI goods sold. The question whether they had been
old TO defendant and upon his credit. The testimony
at variance, and as the Court below which had full
knowledge of the case passed upon it, this court does
Tho
ju' gment affirmed.
Reuben Shaw ead John Brown We. William Monroe
The pieinn hired schooner Of a named. Smith
who was pert owner wh defendants. He put board
cargo of sand which objected BY Brown and Mum
zoe VINO iook the vessel away IRON palnf ana carried
sesmen's wages. The United States Marshal was willing
10 give up the cargo. Action of assumpsh wa. Drought
in the court below for The value OF the sand The Court
held that action OF asumpsit could not le should
have been trespass trover Judgment reversed.
Rebscco Mifchslvs Edmund KimbaH.-kimbal x Shei-
lons and sbsrmon Ne nocs-one for former
discounted by Mrs Mitchell. but payne refused on
he ground that it had been an accommodation noe, ana
con sideratop not received The Court held that the
counter or consideration 1t was also
in plea that they had agreed to take up each others notes
This the Court said did not avail Judgment for plaintiff
xTbomo, Hone vs. Benjomin Eddington.-The defendant
became surety house and store hired by man named
C,oldnp from plaintiff at 5000 per annum Complaint
vas made against Goldng that he kept disordery house
and he elected by defendant at the instance of plain
tiff after he had been in possession about SIX weeks The
landlord the first quarters the strength Of
he and contcnded that only direct eviction on
us part could nvaldate it, The defendant his part
oncnds that he removed Godng the instance Of the
lndord and promise that he should be held for
he rent The Court ruled that in of appeal they
,ound 70 look the merits Of case and to nudge of II on
mch grounds provided they violate rule of law In
his case Edngon, he surety, appeared 10 act the
gent of the landlord Judgment for defendant affirmed
Nm. Corp v. Vim. q. Fasl.--This was an action be.
ore justice of the court below. had been brought
recover commission for procuring $1,000 bond
ad mortgage Of property IN Hammond street Brokers
re allowed % chsrgc only M every 500. The
ustico allowed but $40 he Court held that If the mo.
ry had been obtained for two ears the charge would
been right and there was nothing to show but that
been. Judgment reversed