The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-14
Court OF Common Pleas.
Before Judge UlshpHer.


Dec. l3-Ifdy S. Mckay vs.. James c. Porter-This was
action for SANDER brought by the plaintiff who is
member ofthe legal profession against the who
baker 1t appeared from the evidence that the plaintiff
had paid three dollar bill exchange for some stuff out
of the bakers shop and had received back the change
When the defendant about pay ing out the BILL about
three weeks after he discovered that the bill was coun
felt The defendant called the plaintiff who took 1t
to his opposite neghbor who refused change only
bee the bill had doubt cast it by the plaintiff him
self The bill given back to the defendant with
quest that he would take it down town and make further
inquiries into and ascertain its genuineness Some day
afterwards the 10th July isl3 the defendant called at
the house of the plaintiff and inquired from his daughter
he prepared to change the three dollar bill which
he had passed upon him. the deendant adding that he
he painth knew it counterfeit when he so passed
it, and he would not change it, he would place it in the
hands of a person who would make him." IL was also
found that several occasions the defendant had called
the plaintiff personally before others "a countereiter
forger old swindler-that he had upbraded the chill
dren of the plaintiff with their fathers want of honesty
and good moral character that OCCASION meeting
the OF the plaintiff in the with of milk he
asked did father pay counterfeit money for that
milk Bub " In short that the defendant took every occa.
abuse and destroy the character and happiness of
ing the charge and thus precluding the plea OF ustca
The Court charged that the absence of the note
to do he liked with it, precuded the possibility Of the
court and jury arriving any conclusion as to Its genu
ineness. The conduct of the defendant gave in the
opinion of the court unequivocal evidence OF the malci
intent of the defendant to destroy by the utterance
of such SANDER his character in the community and it'll
the members Of his family circle. If the jury were
of the opinion and for chem s decide the
dict should be such would remunerate the plaintiff and
at the same time punish the defendant
Before Judge Ingraham.
Le,cis Keller George Horne and james Hostin.-
This an action of repevin arising out OF the fore
closure of mortgage on personal property for $500 by
the defendant Hoine the other defendant Hostn the
officer engaged in making the levy The parties are from
Germany. The replevn was made because that no con-
sideraon had been received for the mortgage. The
plaintiff proved that about the oath Feb lSi3, he
gave the defendant Horne mortgage for $3.50, which
mortgage drawn by MIR. Buer German counsellor
at law and that at the time of the execution of said mort
gage no consideration whatever had been paid
but that il the understanding that would be paid
the defendant Horne, would receive certain
moneys from Europe; but there payment prov ed
to have been subsequently made. The defence endeavor
ed to bolster up this case by proving that Horne was
in the possession money when he arrived from Europe
Keller before witnesses that he owed Horne $3.50; but
this latter evidence disputed Al the time OF making
the purchase the parties removed the property, and in
stead Of selling by auction, they placed 1t in custody Of
pawnhroker They also removed quantity OF candles
which were not included in the mortgage, but which
were ut the time in the moulds, which were included
the plaintiff is a soap and candle neutrality-suspicious.
rendering themselves liable 10 action of trespass
if they were fully entitled to oreclose The Court
charged that it question purely OF facts for them
If they believed there had not then they should
give the plaintiff exemplary damages assessing the
perry its proper value II they believed liberation
had been paid then they should give the defendant
taken, according to their value The jury returned a
verdict in favor of the plaintiff for 5000 damages and six
costs, assessing the property repevined ut $3.50
For the plaintiff, Nathaniel Blunt, Esq.
Thursday being Thanksgiving Day, there will be no
trials in this Court
Calendar FRIDAY, PART Mos IS, So ~, Al, 1874
30, a. g. rs ST. IS o. 1911 100. PART IA 7s a. "a
81 III, SO, 80 30, 81 %, 49, l0a, l03, los, lis.