The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-04-13

Court OF Common Pleas.
Present, Judge Ulshoeffer

APRIL l2-.dfken 4 Co VS. Coiten Jsnkns-This vr,s
an action Of assum sit brought by plaintiffs recover the
The damages were laid at $500
Mr. Lawton conducted the plaintiffs case and Mr.
Wheeler appeared for the defence
appeared from the evidence that the books were got
up by Mr. Daniel Mallory no sent them to the defend
afterwards sold the books Mr. Hamilton, and gave
him order the defendants for the books Hsmton
transferred the order to the plaintiffs in payment for
dett contracted by him with the plaintiffs.
The plaintiffs presented the order to the defendants
the book: they acknowledged having them, and then pro-
missed to hand them The plaintiffs csnseq uently
sent cart for the books and demanded them but A.
nay to stating that they were 30 advised by
The defendants up as defence-Firs that the suit
should be brought in the of Mr. Hamilton; that the
action by the in hch il brought partook If the
nature oil an action brought a bill OF exchange De.
PENDANTS Counsel cited authorities to show that no
for the payment Of vas trsn..rshis
The next deence was len and the third the order
was incorrect inasmuch defendants TO hand
over books in sheets which thew were wiiI;ns 20 DO
whereas the books required by defendants were hound
The signature of Mallory to the was proved and
the consideration given to him for it its and
the refusal Of the defendants deliver and also
the coparnershp between defendants They proved
the value of the books
that the party could not the order The Court
cded that third party could but the ques
ton for be fore full Court at the request
tendants Counsel.
The Defendants offered evidence show that the books
not worth more than the binding, and that they
always eady deliver them in sheets and further
that they were ready to deliver them bound il they
were paid their Nen
His Honor charged the jury in substance that the
PENDANTS had waived their lien bv the acceptance of the
written order and their verdict should be the average
tween what the different witnesses to be the value
Of the books.
The jury found verdict for the Plaintiff of 81 49, with
interest from January last being the rate OF IS cents
per copy.
Farnham Us. Pitts This an action of
assump't on promssory note made by one George B.
Blodge endorsed by the defendant and by Blod
gett plaintiff The facts shortly these In the latter
end Of S40 beginning of lsal, Mr. Blodge determn-
ed to become Benedict and to enable him to 60 through
that terrible ordeal with eclat he had raise the wind
he applied to his friend Mr.. Pitts to assist him. Mr. Pitts,
who kind hearted, good natured man, and wishing
well to the rising generation, could and would not
deny himself the pleasure Of assisting his friend try
ing occasion. Accordingly Mr. Pitts made his promis
to the order OF the plaintiff months after date for $500
Mr. Bodget endorsed the and received in cash.
and the other 800 set off ans old debt due by
him to plaintiff. When the note to maturity, il
paid and the plaintiff agreed to it, In accord
ance with this agreement Mr.. Blodgett made his proms
sorry dated July a. ls4 pay able to defendant 81
days. for $780, and the defendant endorsed it, The deen
dant sought to establish defence, that the first Lote
should have been copied the hack OF the declaraton
and that sufficient consideration not given for It.
His Honor charged the jury that both of those notes
to be considered business notes. their exchange
having given them that character, and that unless the
usurous and that the 500 applied OF against the
old debt Of $780, due by Bodge, wa, the source Of the
usuTy they should find for the plaintiff the full amount
which he claimed Verdict for the plaintiff, $442.
Counsel for plaintiff, Owen Hone; Ter defendants,
James H. Raymond.