The New York herald., 1844-07-14
Superior Court.
nafnro q fill h.,ch


JULY 3.DEcisIoNs -Isaac Nrwton, Plaintiff in Error
Austin r. Fisk Defsndani in Error Csrticrori This
Of four 6rkns of butter wrongfuly delivered ON board OF
one OF the Albany steemboas The butter consigned
to party in New York. The agent Of OF the Albany
md New York nes got possession Of this butter and
finding no owner the butter deposited by him in
public store-the owners OF which became bankrupt :
fhe chief point dwe upon by the Court the respon
ability that rested carrier in the safe delivery Of
goods The consignee, however, was clerk, and hac
had performed his duty with under the circum
stances, and that judgment should be reversed
John Earle and Ensa6eth his Wife, plaintiffs in Error
rs Daniel +. 1yiee Defendant in Error-An action fol
use and occupation Of house to recover two quar-
ers rent Tne case was brought before OF the
justices IN the Marine Court, who decided in favor
plaintiff The case was brought mp to the Superior Cour
on certerari The point for defence that plaintiff
wasa foreigner and nonresident-his wife carrying on
business sole during his absence at New Orleans
and consequently not entitled to Judgement al
frmed.
Moses Y. Beach ads. B.njamin H. Day-Motion 10 s.t
aside verdict 81 the Jwyat the trial in Sherf's Court
This was action Tor libel in which plea was held on
demurrer judgment was had by default before that jury
gave damages $4,000. The motion was made to set
aside the verdict on the ground Of excessive damages
and also OF Justification The substance of the charge
against Day was the alleged act OF his having published
IN his paper certain allegations in relation divorce
Of Moses T. Beach from his wife The plea up was,
that there was sufficient aggravaon justify the
and excuse the publication; but did not appear on the
trial that Day had written the alleged libel which had
been referred to at the trial. but proof given
MES having published the article but he had not
seen Il until long after it appeared In print The Court
held that as Sheris Court not the tribunal
Try such case from the fact that II TO be presumed
the Sheriff was not well versed In the law the
dnary courts OF udcature and also in consideration OF
the Of the case they had determined to
verse .ne :, decision, defendant paying the costs
brought TO recover the value Of quantity Of railroad
stock The plea put in that defendant had stock
nor was he authorized to sell any stock Defendant de.
murred aud the replication held that plaintiff had stock
u party held certificate with powerto transfer and
his name was not inserted in the books in the usunl form
the Court was of opinion he not to be considered
.tockholder Judgment for plaintiff in demurrer, with
20 defendant to plead de nouo on pay men Of costs
within ten days.
.4ndrew Zabriskie ". David w. Baiiy.-An action
brought te recover amount Of quarters Of house
The ground oi defence rested an informaity In the
lease Judgment for plaintiff
John Moore rs Joseph Naturalization to set aside
verdict This was action brought on judgment
Plea set up that defendant became bankrupt and that
the debt was proved in bankruptcy Another plea set uI
that plaintiff also became bankrupt, and general
pariner Judgment for plaintiff with liberty to deiendsn,
70 plead de MORO on pay ment of costs. KS. .l.
Etecnor Hais,yd al ads Martin Gazing et ai-Judg
ment Tor defendants with the usual liberty.
William Wiamarfh Francis Sayre and jain II Go
hetd Judgmen, for plaintiff with liberty to defendant TO
ead dc norc on payment Of costs within ten days after
notice of this rule
Henry Kpp ~ Charles HalMotion for new trial de.
med
The Mayor et a. Edmund r. Sherman-This is one Of
slass OF cases which before the Courts
ION to set aside the report Of referees in relation TO the
utting oil certain trenches In the vicinity OF Of the
Avenues The motion to set aside denied and the
port was confirmed