The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-09-26
Superior Court.
Before Chief Justice Jones and Judges Tallmadge and
Oakley.

Before Chief Justice Jones and Judges Talmadge and
Oakley.
SEPTEMBER 24-DEcsIoNs.-C Charles Oakley vs.. John L.
.Apin,csH e aThe plaintiff attached property belong
ing to Baker Young absent Debtors judgement
for $40 0OO obtained against them in the Supreme Court
The defendants gave bond orB. " and the attachment
released One Of the partners appeared in court but
the other returned not found. The present action
counts which demurred to by defendants not show
ing the Of action The plaintiff complains that if the
judgment is open he will lose the Of his bond
and that he could have proceeded execution against the
property The court decided that two Of the
sufficient, but the others the They state there
Judgment but that is not enough the cause Of
ton should have been fully set forth The debtor
brought into court denies the claim he had oppor
nonassu%ps He has right to the plea As to the hO.
card to plaintiff in opening the case that
which the court does not feel itself authorised to consider
The demurrers to the sucency Of the counts well
taken. Judgment for defendants all the demurrers,
with liberty to plaintiff to amend, sc.
John Raymond and others John DegrO0f and others
Also action bond relative to attachment proper
ty of absent debtor Judgment for plaintiff with leave
to defendant to amend within five days.
William Bachelor alexander Casssle.The question
presented is whether assignee of rents has power to
distain not possessing reversonary interest or fee SIM
pe.Nr Aston proprietor of the Aston House leased pre-
misses to Mr. Palmier for term Of The latter fell
into arrears and his surety the defendant took assign
meDt othe lease but not with reversion and the
ton could the assignee strain for rent without fee
simple The court thought he had such power under the
statute. Judgment for defendant.
Benjamin +. Harfhorne Daniel Coger.-In this
Judgment obtained this court and carried up to the
Supreme Court on writ Of error, where it was affirmed
different attorney tried the there and gave salts
faction piece cutting othe attorney here from his lien
this court The latter issued execution if the judg
men had not gone of this court and kpro 2ery
reference had and he adudged and counsel
fees Motion is made to set the reference aside. The
or e
the attorney yields them the motion denied otherwise
to remain open.
tanned heavy damages in this court action for SLAM
der motion is made on the part Of defendant for anew
trial the ground that the damages excessive the
character OF the plaintiff being really bad and that he has
since the trial been convicted of crime In giving its de-
cison the court said did not feel authorised to allow
issue account of collateral matter. Motion for
new trial denied.
Bank of Rutland VS.. Gordon 4 Brown.--The Bank ec-
ceped and paid bill Of exchange drawn by defendants
and sued for its recovery The defence s that the parties
in Vermont, in whose favor the bill was drawn were TO
that the bank was in possession of collateral security,
which bound to avail itself Of They also onecteo
to testimony taken before sha judgment
.dnm Stephens vs. Sophia Casa Of Appeal Ac-
nrenticeshp which been signed by the guardian as
witness but not as principal Judgment reversed.
Mr. W had left his home and boarded with Mr. H., at
Fuhn who sued the father for his board and recover
al Ann is made the ground that young Van H. had
homers, Tor him at his fathers house, and the plain
Tiff had nor; to board him with view of charging the
Gather Posli W sustained and judgment reversed.
Emerv Toscnss nd VS.. a. overwhelmingly
work and Acknowledgement affirmed
Thomas Dunn vs.. y Jhn M Cdrfy-.9ppedL-A horse had
been sent home by plaintiff "a arrier by his boy 10 or II
years old, who, while riding him along against
by cart, and the horse killed The court below gave
judgment against the arrer Tor the value OF the horse
the ground that the boy should have led him home. This
court examining the actsc that any negli
gence exercised. Judgment reversed.
r.. p. Haistead VS.. b. r. r-.7ppeai-Relave to
goods sold where was said witness was Interested
Judgment Tor plaintiff affirmed.
H. d. LOOMS vs. Peter Relyea.ApPeal an action OF
lrover relative to glass levied upon and soldJudg
ment reversed
John Beatty VS. .9ble Wheaton, .aPpeal-An action on
the bend given by the pound keeper to the on
which the fence viewer sued certain fees claim
ed by him. The court decided that the bond contains no
obligation to pay fence vewer.-Judgment reversed
John Ferguson VS.. Wm. b. Wash-.dppedl-Ihe deionu-
IAN officer Of the u s. Court) attached the spirit Ja
stock plaintiff in Centre street. execution against
his brother at the suit of Mr. Jennings for violation Oh
patent The property taken as belonging TO the broth