New-York daily tribune., 1844-05-13
CorRToF COMMON PLEAS .Eeio'eJudses tLsnoEFEs
ISGRAHAH and DAILY.


DECIsIpS>.-JuHN BttCkiE vs. ~ TN. t.ri -. -
1Ia1 "a. .ireiy al Geo kssrcr 10 iroyei 80 ii 4.
r-ut e iu,,e ard b.sei4'i,c ~ = ilti t'tAut'
ia. 49, si Oh .1u..rueara oi ,'s .'4he mouse 'S
rr to remote previous tu r r'iItli rf i' ne','..-
liet tls t3l.s'a ind irri.en-' -,' IL! IL
, ifts We se' '7esca;aa o.. lta- ~ goa oies5'
80, more fo-'re ,cr, 'ghc iJice 'taf =! 's ct,- &C.
H. :t'e1 - the 1is, or !. !aS' .i'.i UT 49, q
"a, e.. ut lie GutIOd i5f - idn11'!i ana y' q.
ias cou N -, tsci.'on stated ,aj a' he caeoi ;esd
vs N- t!er ,lcuia. itl tenant could ; set on ai.
arfS f rent bl' must resort 10 cGcs, dro Iu2 lJ iJ
eyer Is changed. and settled that where parry i'
entitled 70 DAMAGES for breach OF any provision on te same
oi eq'Hi1 VI i, , ~ % an WIZ -, nast, 5th
Wendell .si But am opinion tint the defendant r:t
to offer evidence upon the ground oi tauuent representation
tar avoid the contract either m whole on pa Ne"
trial granted, costs u abide the event.
CHARLES n. MARSHALL vs. FREDERICK L.IuL-
AID BESJ. L. GrIoSrhe packet, ,hIo England belong
and adjoining Fulton market Sip from 3th April lh MAY,
l. b. M Guion claimed 10 have leased pier % and other
li W W. anoy md, ysrrn. was .,,,e BY It ,,ion
Ss ib 10 Jay = q m w X"I an So ,sr, 9f nrn,ey #
SAID. taken II :epievnei. and Capt. ". brought
subject to the opnon Of the court capt W. contend, that
tho charter oily gave 10 the corporation powerto !l up and
max, w-rye. 80 feet fom low water mark INTO the hst
river thai the feet Ind already been taken up bel - The
CONSTRUCTION. o South street, which occaonc IN ls, al
application 10 the legislature Tor an extension and that N
upon tins application the subsequent acts were founded Ia
EJl The legislature allowed the corporation 10 lal out ne
coing their pr. South stree" and regular whirvt>, ~
the eXpcse II prcpre,orS Oi land lots adjacent The owners
of per No . did and became the uwner, and entitled
the wharfage perpctuai r:: In Sil the corporation
passed requiring that - and Others Should
be extended - feet oue.thi the expense o the corpora
on and wo-ths the expense of the owners The own
u No - refused Ia contribute their two thns, 0nd the
corporation claims 10 own It. This Denied IL i also con-
tended that the ordinance making the extension Illegal.
The court decision. sad the rgt OF the corporation
control the piers question involving the public interest
and the the Common Council should be viewed IN the
favorable light. Had the prUpreioH pad Their proper
ton the of the wharf they OF course, would
have been entitled 20 the Wharfage; but a. tc case stands the
does feel authorized the clam o the Common
Council correct. The 1t understood u 10 be
carried TO higher court when nj! the legal and constitutional
points can be fully presented Verdict changed verdict
for defendant being stipulated that the plaintiff may enter
bull n exceptions.
FoSoIcK x Brooks ". Il. V. w. THoRSE Il Co.
The court decided that where merchandise pledged Tor
the payment OF note heurins Legal interest = not usir
where the sells. 10 charge per cent. additional
Verdict tor defendant confirmed with costs.
DAVID Roach y. PATRICK HENRY AND HENRY
M'i.AuGuLIN-ln action ipr tr5,pass d5niu under
landlords warrant. The court thought tuti t!r landlord
su his the suppu-tuu That the deicuunut held
over cnly -pccai dtmugc could b. awarded. Dri-s tlat
plaintiff will punie reduce ms verdict from sol 81,
without costs SD nHd leave the question ui costs the
when !c apple, Tor certificate that the tpu,s
malicious, then the verdict to stnnd-Ohewic tTal
granted.
STEPHEN WOODWARD ". AzARtaH Ross AND
WM g. UrDYKE.-Thc counsel, verdict OF $50 cbar.
ell full costs. The considered that such
and directed that the be reduced 10 twOhId