The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-12-23
Superior Court.
Before Judge Yanderpoel.

OF which, the defendant who held execution for about
$50 against the plaintiff called at the store OF Messrs d.
W. lngersol Co., of this city from whom he understood
the plaintiff had purchased bill Of goods and which
qured the plaintiff did business with the firm and on
ing answered in the Affirmative he replied that Kip
tricky man that he had an attachment against him and
them----that he held mortgage on his proper
ty in New Jersey and that he had been cheated by him
in land trade and that he man who never pays
The defendant at the time under excitement MIR
Cook, merchant with whom the plaintiff was doing bu
sness called upon the defendant who repeated the
words in consequence Of which he refused to trust the
plaintiff unless secured The defence set up Justification
and called number Of witnesses to show, the nature Of
certain transactions From the bulk Of the testimony
gather the following lS4Q l64l the parties entered
into barter of certain ands The defendant owned $50
in Michigan which he valued at So the acrealso
making total OF $3.50 On the other side the plaintiff
owned $40 in Genesee county which he valued at
$40 the acre. the half of which would be worth Sls0o
accordingly the plaintiff made out deed OF the onehali
Of the 240 acres making the measurement to APP
pear 10 links and 60 chains--the measurement
Of the entire being 80 links. By some means in
240 instead Of 100 the plaintiff intended. Whereas
the defendant claims that the original agreement was that
the entire Of the Genesee lands were to be conveyed to
him for his Michigan and New Jersey property. Wit
adduced both sides to show by
veyed andhe other that 20 mentioned as the bar
The defendant also offered in evidence that the plain
s had stated the land to be unencumbered when he had
premium mortgage on ii for Sll0O The plaintiff met
this by proving that he had sold the other half OF the 24O
to his brother JohnKp good consideration who
became bound by the of the conveyance to
the mortgage the entire and relieve the 100 Of
Hall from the encumbrance. Another charge OF the de-
fence was that in subsequent transaction relative to
mortgage given by the plaintiff to the defendant on the
Genessee lands in ls4 there fraud, inasmuch he
had the 18th October confessed judgment the
divided moety OF one.h of the lands owned by him
Lodi and which lands he morgaged to defendant on the
10Th October without disclosing the encumbrance This
was explained by the plaintiff by showing that the bond
for the mortgage not executed ratified, until the
May following and at the time Of such ratification the
judgment was cancelled that it was obstruction to
the defendant the Of his legal right and
which right he did legally possess until May 1872
The Court in charging, observed that all words of an
opprobrous nature not actonabe such words
II true, would involve the person so accused in
the liability to criminal punshmentor If words he ut
tered calculated to throw dscred man in business
to be detrimental to him in the transaction OF such
business then action maintanable without entering
plea OF special damages He then recapulated the evil
dence given each side AS to the transaction OF the
barter OF the Michigan for the Genesee lands SIM
ply matter of tact for the jury to decide whether from
the testimony of the transaction they believed the plain
tiff to give the eutire 240 valued at 600 for
the Michigan property, worth allowedly but $3.50.
The plaintiff in making out the deed, had followed with
scrpulous exactness the original deed given to himself
simply substituting 10 links and chains for 80 chains
and the jury to determine whether the error OF the
20acres in the intentional or accidental
The law would not infer that 240 was decided when
the description Of the admeasurement was for 100 the
jury believed that the true intent of the interchange was
herae fraud and should be severely chastsed But the
jury not to convict him unless upon evidence and
that should be of such nature not to leave doubt
but that before criminal court he would be condemned
to an ignomnious punishment The mortgage of $ll00
the lands the Court observed had not subjected MIR
Hall to any loss or injury and appeared that Kip had
made effort to the encumbrance from the land
by subsequent sale to his brother who assumed the
mortgage and in of foreclosure, loss could be
sustained by Hail. until the 100 had been sold The
jury were to determine whether Kip had made fraudu
lent representation OF fact in the premises and So he
the
the mortgage by Hall in October without the bond
not valid title was only given in as qua
contract was ratified the May following, previous to
which the judgment had been canceedso that in point
fact and Of equity the Judgment meyer the
in the consideration of damages the jury should take in
to that the defendant not ngerso store
and commercial standing Of the plaintiff but that he had
volunteered his own information, and If he had
failed to clearly and absolutely make out the
point or points, set up, in the defence that the
ratio of damages should be in proportion to the
graviman the accusations made in open Court and
recorded the minutes from which they could never he
erased The fact ofentoring plea classification and fail
ing just ground for ajury torender vndctvc
damages On the other hand if the jury thought the
duct Of the plaintiff throughout the whole of the
tons with the defendant bore the impress Of dishonesty
then matter what the consequence may he to the plain
tiff the defendant entitled to verdict. The jury
came into Court at halfpa six and rendered verdict for
Lacou vs. Stepens-Ths case twas called on and jury
empannelled-t will occupy tomorrow 1t has been re-
ported three or four times before
Before Judge Oakley.
DE Forrest Maurice VS.. John H. Hicks d Co-This was
an action OF trover damagesor the detention
Of certain cargoes of oil by the defendants and which
goes claimed by the plaintiff under an assignment
from Charles A. Phelps, the original owner II appears
that the defendants sold Mr. helps the ship Hamilton
but as collateral security they held the right Of ownership
until she should have returned from whaling voyage,
and the amount he paid of the proceeds cargo
OIL The defendants also fitted out for Phelps the schooner
goes the amount advanced to fit them out Previous
the return OF ships Phelps having assigned to the
plaintiff in consideration of monies advanced his right III
tie and interest in the cargoes hus and outfits of the
three vessels and under the assignment he claims the
same but the defendants nterposed their claim and
verified the cagoes to their profit Several questions
Of law having arisen the went to the jury without
any summing up. The Court charging that under the
present aspect he inclined to let the defendants
verdict as they certainly had right retain possession
until their lien was paid by the assignee of Phelps The
case will be argued before the Bench in Banco. The
jury the charge Of the Court accordingly rendered
verdict for the defendants.
Michael Pheian VS.. The National Insurance Company
This was an action of respass on the upon promises
appears that renewed policy of insurance was efec-
pany defending this suit his stock of groceries to the
amount of $1,000 in his store at the east corner OF p
FIRE broke out in the premises and damage to the
of s4eo 70 was caused to the stock and on application for
amount at the Office, the claim refused and this
action brought to The Of the defence
will probably be to show malicious burning. The case is
to be continued tomorrow.
MARGARET BISHOP lectures tomorrow afternoon
and evening in Columbian Hail. 265 Grand street,
at and o'clock, on the " Ingathering of Israel
for the redemption of soul and body to enter into
Life Eternal"
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dition to that charged by the United States post office
Amusemcnts
BROADWAY Circus AT NrBLo's.-The preparations
in contemplation for the Christmas holidays, at
this fashionable scene of amusement uron scale OF
unsurpassed magnfcence. With Mr.. Levi North, Mac.
arland, and a long catalogue of highly talented and