The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-09-13
Common Pleas.
Before Judge Ipgraham

SEPT. l2-Hsnry ~ Ryder Wiiliam Gapin and
Caiharine Gapin.This was an action TO recover the
balance fone years rent. The defendant Catharine
Gavin previous to her marriage rented from the plain
tiff, Mrs. Geiney the premises known as 2i7t Division
street. for year. to the LIST Of May s42 but about
the first Of December, 5Il gave up occupancy paying
$50 in part rent due TO the period Of
sought to recover the balance, SAG due up
May ist ls4a The plaintiff proved the agreement and
any consent of his he had a1solved the defendant
from the responsibility OF occupancy For the defenc,
set up that at the time Of leaving the pre- misses the
key placed in the hands OF the plaintiffs agent
BROKER who received it without any conditions other
than full releases and the case of Whitehead vs. Gilt
ford was cited from Sarkies Reports, where ii de-
cied that when the landlord accepts from his tenant
the key ofhe demed house in the middle Of the quarter
it held that The former could not recover in respect
Of any subsequent rent" That the premises subse
qneny relet other tenants and rent received by the
plaintiff and that the plaintiff had rented the adjoining
building, which is under the same roof to Mrs Smith,
who occupied it for purposes Of prostitution, and
for people Of noisy and lewd character The Cour
charged that Ia testimony to the delivery of the key
the agent of the plaintiff contradictory but II
the Jury to decide that II they satisfied tina
thepremises rele with the consent OF the plaintiff
and rent collected within the term of the surrender
the LIST of May, then that evidence Of the asserting
end acceptancy of the surrender and that after the
December, 1884, the claim Of the psintf THAI
premises, thetetimory was also contradictory and
Of the positive order. II was aquestlon OF fact
which the jury must decide IL would not absoye the de
fndsnt at the re.renng the premises for the second
year she was cogniZ Of that ac even though done
with the consent of the plaintiff
During the trial Mrs Smith into court in storm
of rage and but for the interference Of the plaintiff she
would have laid violent hands on Mrs. Gavin. After
being frequently called to order by the Court, she had
finally to be ejscted by ocer violent and insulting
washer conduct 1t was not calculated to make siavoS
BILE impression the jury, she had intended, hayug
down dressed Tor the occasion, for the express
purpose Of showing that she was better than she wa
thought be- and that her taducers better then
they ought be- Her attempts 10 shed tears and get up
fainng it, excited much laughter among the specta-
tors, jury, and legal gentle men present
The jury, after short absence, returned verdict for
thu plaintiff up the LIST December rent due So 90 The
counsel for the plaintiff took exception to the charge Of
the Court on the ground of re.letting.
For plantf-Mr. James Lo1ier. For defsnce-Alder.
Uan Scoles.
.dsssuH and Baiiery--John gilbert Us .addison
Gundis and Michael Dugsan.-Ths was an action for an
assault and battery committed on the plaintiff board
the ship Courier while her voyage from this port TO
Messina in Sicily the Goth March last, the mate
beng the assaapt, aud the Captain conserving. The
plaintiff offered in evidence the dispositions OF John Brown
and John Waller taken. de bene esse by consent The
counsel for defendants objectedo such DISPOSITIONS being
read without the legal evidence being produced show
these absent from the CITY and beyond ths
limits sf the court which not being done the case as al
lowed to 60 for the termthe plaintiff paving costs
The OF the defendants counsel denounced il
very measured terms by the plaintiffs counsel TIL,
rejonder OF the counsel was mighty like intimator
about pistols and coffee
LbeL-The case Of james d. Hoes va. Moses Y Beach
OF the "sun" newspaper which down for trial TO
day was By consent placed the first the calendar for
tomorrow, Wednesday.
Calendar for Tuesday-Nos so, "a IA 81, 49, %, 49, II,
IS, ~, 80, 20. %, 30, SO, VI, 60.