The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-24
Circuit Court.
Before Judge Kent.

Der. 2s.-Daniel DoBus and Others, Us. anthony l.
FrosehThs was an action of assumps to recover the
amount ofhree drafts bills of exchange amounting in
sl to $1,000 francs drawn by A. Brue, agent for the
defendant on the house of Johnston Co., OF Paris the
plaintiffs also Of Paris in this suit being endorsers
Frosch who lately doing business in this city,
importer OF French goods but who has absconded having
been prosecuted by the United States for perjury in
ing false invoices through the custom house. left Brue
Is his Attorney In this city to transact his business
towering him by warrant to sign his Froschs) for
agency and the interests the defendant In the course
OF the agency the drafts in dispute drawn but the
accounts Of Frosch, with the house of Johnston Co
being in dispute they dishonored and the suit is
brought to recover against the drawer. The defence
set that the endorsers having transferred their
claims to Others could not bring action against the
drawer without producing testimony of reranser that
simple possession not sufficient to entitle them to re-
cover also that Brue by the power OF had no
authority the of the defendant out OF the city
Of New York in alleged in this sut also that the
drsts became due the 18th of July, le4 that being
the last of not the 10TH when they
presented and honored; consequently, there being
proof Of presentment the l3th verdict could not
stand for the plaintiffs lastly il presented there
should be shown in evidence that notice OF protest
served the defendant The Court charged against the
exceptions of the defendant the presented
raj points which the Court wished should be argued be-
fore the Supreme Court.
Verdict for the plainnin $s,7ss II Damages cents
costs.
For plaintiffs, Messrs Wells and vanwaggoner; for
defendants Messrs D. d. and ST. Field
Ihomas James u.s. Nelson Becker and Robert Fsntsn--
This was an action of trespass The plaintiff rented the
Ward Hotel The defendants occupied the lot situated in
the rear OF said hotel and tie trespas alleged against
them s that they did in the year ls40 block Is win
dows in the rear Of said hotel viz eleven the r and
five on the second floor by building shed and fence
with projecting cap, which leans directly against and
over the lower windows The second floor windows
were blocked up by propping up with Taunchons blind
shutters, which being ausR with the window castings.
eectually shut out every ray Of light to the great dr.
trment the health and interests earthly and spiritually
OF the plaintiff appears that he il good citizen, and
had fitted up his house with ten PIN alley shulebosrd
and domino room, political hail. and a sacred second
floor back parour for the Of his cody given
neighbors, and the consequence of the Conduct com.
psined OF was that the light temporal and spiritual was
entirely cut OFF, and the person and the devil ected ~
this attack their abiding places The plaintiff,
backed by the joint aid of the above respective wer
shippers did pull down the nuisance once but to no pur
pose the Egyptian darkness YVES again visible and the
plaintiff short struggle followed suit, and
cuated the premises at great sacrihce lie now brings
this action obtain redress The case will be continued
day. when the defence will be heard in Justification of
such antfC Christian proceedings.
Calendar for Tuesday Nos "a, 81 6S, 90 l0O l05 p6
Io7 IOs l09 10, H. lls, ll4 Is, a. So 49, o. 9s