The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-23
superior Court.
Before Chief Justice Jones and Judges Tallmadge

IA
Superior Court. &
Before Chief Justice Jones and Judges Tallmsdge an
Oakley.
JULY INSTRUMENTATION H. Jackson John
WatkerThis to recover 81 COO a mad
in respect to the log cabin which erected in Broad
way, Niblos The defence that the contract
ies al under the statute providing against corrupt AMI
illegal conduct as related to elections. The Court hell
that the plea was not good the statute not intending
reach of this knd--as well might 1t be directs
against room hired for election purposes. Motion 70
J.hn Clark. ct al. William C. Taylor. snd Henry
R'ch.A disagreement in relation to freight. Judgment
for defendants.
Triton ms. Co. Henry McFar,on.-It was COMMENDED
that the company had right to bring suit their CAPT
such right particularly related the subscribers
their capital but they not authorized 60 max
ing insurance. Judgment for plaintiff.
George Lar Thomas .addisD mmest and others-A&
surety for the patent arms company at New Jersey ver
dict for defendants.
The same as to Israel Randolph vs. the same \
Edpard c. Halliday John Nobe-This sctiona
for false imprisonment and sustained the ground
the Recorder had issued warrant the testimony Of Al
person not acquainted himself with the facts but hadj
heard them from others. The Recorder was wrong.
Wfaiam Haynes vs. Mon%oais B. MapiMTis s Sheriff
had seized goods IN the hands Of named Nevns no
had hired them from plaintiff for the year. He had only
right to sell the years interest The plaintiff had been
non-sued but the jury permitted to estimate damages,
who gave for the whole amount Of the property This
was wrong Motion for nonsut denied, end the assess
Henry G. Cook v,Isa Gardiner ct aiA note had been
Gardiner Packard, keepers the City
Hotel and the Broad street Hotel The they declared
to have been accommodation paper and usurously dis
counted They refuse pay it. The note had been given
to the person who supplied poultry to the hotels and with
whom they had open This charged,
and the Court considered business Verdict for
plaintiff.
TpiIiiam b. Bend VS.. The Georgia ms Trust Co-The
company had insured 600 store No As Cedar street.
which was destroyed by fire on the l4h Dec 1882 The
company refused to pay the ground that there were
casks gassw stored in the garrethat glassware
of the articles described extra hazardous none OF
which to be allowed in the store that extra
hazardous article in the policy to be suspended
Action brought and the plaintiff nonsuited on these
grounds oton made to set the nonsuit aside on the
ground Id he casks were tight containing champagne
glasses Id being so, not considered hazardous as in
cases where the staw packing is exposed. The Court
considered q al plaintiff should have opportunity Of
showing usage in the and ordered that the
suit be set aside Judge Tamadge slso dssented in this
and cited in which the dangeris per-
hitting usage overpower the express words agree
ment.
Relative to some property in Mulberry street. hch had
been improperly made over, some years ago, by John
Garrett to the exclusion of the other heirs Verdict Tor
plaintiff
james Gaiiipayys. Henry Ogden.-n the sale of two
lots of ground covenant had been made that they
the Corporation in the of sS7 for opening avenue c.
and afterwards sold for Is years by the city government
to pay the assessments and not being redeemed within
years lease given the part of the Corporation
The defendant contends that he the city had
been called upon for the The city GO
sale Of assessments to receive adsvt from the Col
ector that he has called upon twice for the
pay 1t is for the plaintiff in this case to show that the
Corporation proceeded according Verdict for ae
PENDANT, with liberty 70 plaintiff SC. m
Joseph L. Dids VS.. Elisha Acknowledgement for
plaintiff
JamesLyneh VS.. Tie Mayor, &c. Of Neic York-To re-
the amount of salary of the Judges of the
Court of Sessions The facts had been passed upon in
Judge Sandiords case Verdict for plaintiff.
Quinlin Sheidon.-In this the Court had con-
rmed in part and reversed in part Its power TO do so
had been questioned The Court decided tha. under the
law FISH possessed such power. Decision confirmed,
but without costs to either side.
Robert .qnderson James p. Dremmond and UiIliam
Wafson.-A case where surcties had not justified and
superseded by others Judgment for plaintiff but
proceedings TO be stayed and aw ait result.
William Conan vs. Darid NJ Pdyson.-An action had
been brought TO the value of horse, which had
been hired for pleasuretr trip the Sabbath but
iriven and Nilled. motion for nonsuit granted
under the statute nvadai ng contracts made for in
relation to the Sabbath The Cour, held that debt so
contracted could not be recovered but here further
charge that for killing the horse and the plaintiff should
he heard Nonsuit set aside, and trial graned--
Judge Tamadge said he dssentcd from his brethreL.
md Thought under the statute the astion could not be
maintained. "'
Stephen IT, Dis5row VS.. Cortland Palmer-The Court
held that IL Is not necessary in charge of fraud 10 state
ii, the particulars in entering action Judgment for de-
isndant, with liberty for plaintiff to reply. -