The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-10-06
Court OF Common Pleas.
BefOre Juf0e vTlah infer.

o.-Ho0eyf s.
George simpsonrhis is an action Of replevn. On the
Sd June last the defendant seized lot Of spruce spas
dock logs floats and hemloek stick valued at $500 by
for rent Sac The defence set it, that the claim Of
defendants legal and just and the warrant
duly served. The Court charged that unless the relation
oflandlord and shown to have existed betwe
parties to the satisfaction of the jury that the act OF
the defendants illegal Unless there actu oil
hiring Of the lot from Armstrong by Handey. then the
former had legal right To issue warrant OF distress
for rent II the jury were SATISFIED ,sat there was an
actual renting then necessary to stipulated
rentfthis was not proven thea Get Of the defend
ant was Illegal as the remedy mus lie in sn action to
recover The law required that rent should be fixed
to entte the landlord distrain. The usage
tom in like cases could not establish right TO distress
the person claiming ownership before Armstrong came
into possession or OF an express to payhad
there neen such then the law presumes that
same argument would hold good in the case Of the
ceeding landlord even though there stipulated
agreement between the latter and his tenant The frs
question was; did Handiey hire the premises from Arm
strong Secondly il so, there stipulated rent
agreed ont II jury decided in the affirmative, then
the defendants entitled verdict If in the mega
tive, then the plaintiff had established his case There
was no circumstance shown in evidence by which the
jury could have right to infer that Handey had agreed
to pay $49 So rent to Armstrong He has his remedy in
proper action, and Handley is bound TO pay for the
occupation but otby a distress warrant.
cents costs
For plaintiff. j. r. Flanagan for defendants Messrs
Fields.
Norris Roach The Corporation-This was an action
brought BY the painto recover damages for services
rencered the as register OF water rents from
the 7th July to l4h September, ls42 inclusive. The
case had been tried previously but the jury disagreed
Roach claims that while clerk fer the Board of Water
Commissioners, he was directed to perform the duty Of
Register water rents under the direction of the Croton
acqueduc commee-that in the discharge ofsaid duties
he was at extra expense, in opening books, prepsr
ing rules and regulations, and employ ed than
the usual number OF hours in the performance of such
duties beyond what he had specially agreed for His
salary as Clerk Of the State Water Commissioners
$500 per annum, and his claim additional is $4O0
The defence set up is, that the Wing Corporation
owing to the "hold over" controversy, could not
ganze the Croon Aqueduct Board time relieve the
Board Of Water Commissioners, whose duties ceased
almost altogether, the introduction of the Croon
the lower reservoir in l2d street. The consequence
was, that the wing committee the Croton aqueduct
were compelled to accept the offer Of the Board of Com
missoners and allow them to transact the duties
the books and receive the rents the 7h July to the
4th September, at which date the ordinance establish
the 18th ward, the President of the Aqueduc Com
mttee for that year, and he testified that the commits
soners offered to undertake the duties, without add
tional expense, they had already Office organized
books clerks their business for which they had
been aPponte was very nearly finished With this
press understanding, the powers by resolution
ferred the Board of Commissioners. On the organi
zation of the Croton Aqueduct Board Roach was
appointed the clerk Of that board, without of
October and resigned about the LIST December The
will be resumed at the opening OF the Court to-day
For the plaintiff A. II. Dana Esq. For Corporation,
David Graham, Jr, Esq.
Reddy VS.. Walton f. Bropn-The verdict in this
for the plaintiff in cents damages and cents costs
Calendar Tor Frday-Nos al, IT, IS, so, 1874 49, t26,
81 SO, ~, 2s, So, l2l, 25, IS, l27.