The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-08
Superior court.

Before iul bench.
JrLY -Heraaaa Ihorne VS.. NJ G. f. Car
nss.-The defendants who agents to Mr. Thornr
contracted for supply of SLATE h relation build
ngs about be put up for him in the burnt district Or
count of the expense and Messs Carnes agreed TO kee
II themselves Some dispute occurred. and action
brought The referees gave in favor of plaintiff The pre-
sent is motion to set the report aside. Motion denied
barid Howe VS.; the Mayor. 5c, Of New York-Damages
had Deem awarded In avor of plaintiff for injuries recev
while riding in the evening through Fourth street,
sequence of earth being left from the alton OF well
he Coutt stated that the Corporation was noabe oi
he acts oil Its officers whose duty defined by
but such is not the case here. Motion for trial de-
MED.
John poorhies VS.. Joseph Wooiey-Judgment for plain
tiff confirmed.
Thongry, zaehrissOn, and others vs. the Triton Insur.
dHce COmPany-Reiusa hal been made pay a loss
account of attachment which lay against principal
although the agent had stipulated that the money in the
event OF loss should be paid only himself The Court
held that the agent had such right Verdict for plaintiff
Nm "a Ehsry vs. Thos. "A alexander, and ofhers.-A
note was claimed after execution belonging to the Morris
the real parties The Sheriff aware the note
al the time Of serving the execution and had not returned
it in the schedule The Court held therefore, that he had
no right TO it. Judgment for plaintiff.
Cornelius G. Fan Rensselaer, Charles BmriH.-The
plaintiff had endorsed note which discounted the
Westchester Bank but not paid when due and sued The
attorney for the Bank subsequently wrote to plaintiff that
it paid had been taken up by another OF the par
ties Mr. Scdgwick and Judgment obtained by him
Van Rensselaer,. The latter declares that he taken
by surprise New trial granted, on payment of costs
John f. Wolf vs. Taientine Magher.-rhe defendant
had leased an office to plaintiff (Which he had occupied
as an agency to forward passengers to Bufalo with the
understanding that he give up the business under
penalty OF paying any damage that accrue TO plain
uif Wofdd not occupy the Office, and could not show
any damage that he had sustained other than that he
stakeholder in iorw ardng company for which how
ever, he was not employed TO act nonsu entered
and motion made to set the nonsu aside The Court held
that he would have been entitled to six damages but
that not enough for which to set nonsut aside Motion
denied.
Fredk. =. James RoJi HoloGrd and Garret ~ Byck-
MANA draft for $500. drawn by named Joyce, at
sixty days and endorsed by Howard and r. ckman was
cashed by Mr. smith, broker. Payment was refused Oh
the ground OF usury, Mr. s. having charged $40 for dis
counting it, The draft had been endorsed by Ryckman
in the of the firm, take up previous by the
drawer, which he had individually endorsed The
referees gave in favor of defendant motion made
set the report aside the ground that the note had
ed to third party, and thai Mr. Smith previous dis
counting, had called upon Mr. Howard who acknow edg
ed it 10 be their paper and business draft. The Court
held that the new law vitiates note draft which
usnry had been received although may have passed
into the hands OF innocent third parties. Ii also thought
Mr. Howard had right to the plea of usury nowihstand.
ing his declaration. Motion denied.
Isaac Packard VS.. Robert Roome and Darid Jacobus-
Mr. Packardhad acknowledged having in his hand money
belonging TO contractor, but afterwards denied it,.
Judgment given against him by referees, account
OF his admission and the present is motion to have the
report set aside. Motion denied.
Ed,oard c Halliday admir- ads. John Noble Relative
to money which in the hands of defendants late
father, belonging Office Judgment fol-
defendant the demurrer with liberty to plaintiff
ply de novo on payment OF costs within 10 days.
Eugene LentIhon and Frederick Martin Charles w.
Torpick.--A broker named Schultz, had procured OF
plaintiffs bills of exchange Paris to the of 5000
which filled up in favor of defendant The bills
were delivered to Schultz without the cash being paid
Alter the packet had sailed plaintiffs sent to Schult2s
Office for the money, but not finding him there demanded
the amount of defendant. He refused, having already
paid the money to Schultz, who misapped it, and had
committed suicide that morning The court held that If
plaintiffs considered they held defendant as principal
without restriction, they did. A verdict had been
found for defendant. Motion for new trial denied