The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-01-19
Marine Court.

Before Judge H immond
JASls.-Roberi H. BurdeH vs. John jacob .astor.-The
facts in this these Mr. Aston leased the CITY
Hotel Messrs John Gardiner and Eldridge Packard
Oct. '3 running to May 43 In quence of the
Aston on the 18th June 42 gave notice to the lessees
termination of the lease according to clause in tins
agreement. The plaintiff claims that after that termna
the house under the direction and management
and responsibility OF John Jacob Aston Accordingly the
plaintiff who is grocer, brings the following bill
Mr.. Aston -
BILL OF Particulars.
John Jacob Aston, TO Robt H Burdell, r.
July 3D. al5a lbs do sold and delivered at Ii cts sIs1
s7,7s
Mr. E. GARDINER called, and testified that he was
one of the essees the City but thar his interest in
the lease terminated in June, a.
Mr. Asa GARDNER (brother estifed that the lease was
terminated the l3h June. continued to occupy the
hotel after the lease was terminated, under agree
Q-whh whom, and where was that agreement
made
Alt made through Mr. Daniel Lord, Mr.. VIM
As'or being present; myself also being present.
Q-Sate the terms Of that agreements
Mr. aurLrs here raised technical objections; and stated
that several other suits Of the kind were pending
against MIR. Aston upon the evidence
The Court overrued the objections, and Mr.. Gardiner
A-The terms that should keep the Hotel open,
aud conduct for Mr. Aston and render them
Of he receipts and expenses Of he house
Q-Are you acquainted with Mr.. Burdell the plaintiff
in this suit 2
Ayes, air.
Odd he furnish any articles for the City Hotel while
you were keeping il, under this agreement
Ayes, sir.
Q-state what those articles were
A. Cheese.
Q-To what amount
A-Thrty odd dollars; forget precisely think be-
tween 81 and 80 dollars
The witness sted that when the agreement alluded N
made hisb brother and Mr. Geo. B. Smith MIR hstors
agen were also present Being crossexamined he said
he thought likely he might have told Mr. Smith when
he called on him for money that he had none as the times
dull and he had to pay moneys fast as he took
them IN, for the expenses Of the house. There was mr.
chase of cheese the 18Th of June (see billy saw the
cheese SELF ard hal communication with Mr. Burde
respecting IT, The bill Of parcels Qor the cheese) was
charg ed 10 the City Hotel.
The prosec ution here rested.
The defence set up that the GARDENERS after the
18th June, tenants az will and IL any nroG a
made they TO be given Mr. Aston as
back Dues nothing being charged for rent after the
18th June.
GsoRGs 3. SMirH.-Tho notice TO terminate was pre.
pared by Mr. Lord served it on John H. Gardiner on
the li,h June, the day after the date Of il.
Q--What occurred on the service of that notice7
Al served on John H. and he said he would show II
his brother Mr.. Asa G. c-lled the next iay in the
meantime Mr. Asa had read the notice and snd he aid
not know precisely what to do he did rot like 10 close
house replied that Mr.. Astor did not wish the house
closed hut would prefer to have kept OPEN and IL he
preferred he could remain there suierence until
could be found conditional that he should keen en-
of his pts and disbursements from that time
onward and TO pay to Mr. Aston any excess of re-
CENTS over ougoings, TO whick verbal agreement Mr.
Oar diner assented. He was also 10 send up his books
weekly TO Mr. Asors Office in Prince street. for him to see
how the stoo II there any excess of re.
cepts they be paid for back Dues this Mr.
Gardiner did for several weeks but money was ever
paid over. called on Mr. Gardiner to enquire about