The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-03-25
Circuit court.

MARCH % Leonard X Smith u.s. Thomas N. III Rem
rifle implicated oi,h james Callahan This was an action
promisory note for $l65 The facts shortly these
Mr. Pearson who, the defendant commended was the real
plaintiff in this suit sold horse to the defendant Gala
she in sx months appeared bp he evidence that apn
delivery of the horse Person said he wished to raise
money the note, and asked Galatan to procure city
endorsement for complainant in compliance with his re-
quest Catalan procured Renville to endorse the note
Several defences set up. but the most material are
6rst-that it was accommodation endorsement, for
which defendant received no consideration; secondly
that the endorsement made after the bargain and sale
Of the horses and thirdly that the note passed into the
hands Of plaintiff after it fell due and was protested for
non-payment.
The Court said that the material question was did the
note come into the plaintiffs hands after it tell due and
protested His Honor recapulated the testimony
upon that point. and said il he believed the defendants
testimony his Counsel stated the law correcty there are
circumstances where endorser is bound but. as be-
endorser and endorsee where no consideration Is
given the note is not binding The question then is
the given after the sale of the horse and favor
enable Pearson 70 raise money was it given at the
time guaranteed These questions for you to decide
il you believe it given after the SALE youshoud find
for deendantif as guarantee you should find for plain
tiff Verdict for defendant
For plaintiff, sosson and schell-for defendants, De
Witt and Flanagan.
Patrick McHaie rs. Worts e. Reynolds This ac
ion for assault and battery The plaintiff was knocked
Town and over by of defendants omnibuses by
which he was severely injured and confined to his bed for
fortnight, and unable for eight weeks to attend to
his usual occupation The action was brought to recover
compensation for the injuries, loss of time and medical
w. WARD proved that he saw the plaintiff knocked
Town by the defendants stage and took him up and that
ne seemed TO be much frightened and hurt
DR. MILLER proved that he attended plaintiff phys
can that he called in the day after the accident that
plaintiff in bed, and compained very much; he go
him up and hed him. and he confined for a fortnight
urng which witness attended him He compla ned very
much of his head neck, and his left hip There
efence and the Court called upon plaintiffs counsel 'o
which his Honor charged that counsel had
correctly laid down the laws that although masters are
not chargeahle for the wul misconduct of their ser
wants they chargeabe for their negligence
Of negligence and the defendants clearly liza
he: hut the OF damages you to give IL is foi
Won determine Verdict for plaintiff 500 Jas. Lynch
Esq. for plaintiff
Patrick Nc Soriey and EHsa his Wife Lemis Hawser
| ,recutor Jc-This action Of dover. John Nc
Soray, the plaintiff ELIAS former husband died seized
If house and lot Goth street The present action is
her dover ont Of that property The defence ~
that plaintiff Eliza is alien and cannot claim dover
under the laws they stand Judge Kent directed
the jury to find verdict for defendant subject tn the
opinion Of the Court above question raised by plain
| til g counsel