The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-16
Circuit Court.
Before Judge Kent


FEB l5-Dard r. Doremus Us. John j Tan Busknk.-
This an action the $1,000 for carpenter
work in the erection Of house Christopher street In
ls4l, man named Perry died bequeathing to his two
daughters all his real estate to be divided equally On'
OF these daughters married to the defendant and the
other to a man named Herring The two sons in.law
made verbal arrangement to divide the property which
consisted houses and lots Christopher street and
house and lot on Hudson street On the former, III,
plaintiff had his claim for building Of the houses
had an additional claim for $3.50 1t was agreed
tina. in the valuation of the property these two items
should he TAX into consideration and TO whose To-
the Christopher street property fell he was to pay off h
said claims Two arbitratos called iD and they val
ued the Hudson street property at 10000 and taking into
consideration said claims they vaiued the Christopher
lots 5000 Herring giving his note for 5000 anc
bond for $1,000 equaze the difference which note and
bond was to assist Van Buskirk in yng off IN,
claims of Doremus and Hyler: When the transfer
deeds were being signed and passed between thu
must pay Doremus" to which he replied, Eyes, thai
is understood" This was proven by three Witnesses
Also that Van Buskirk paid the claim Of Hyler and
the same time told Hyler tell Doremus that he var
b. would be down in the month Of May, and would pay
him. fhe had not the cash. he would give him his not,
time Doremus went TO RockIand county to see Van y
and there it was proven he again promised to pay the
debt but he finally refuses TO pay the debt
His defence that by the statute OF fraud he was not
liable pay the debt OF another nasmuch os there was
written agreement and no consideration passed i ep
peared that named Byard had an intangible CLAIM
the property. lie had made agreement with the eX
pu, up the house on the lo-hey were to ad
vance him $3.50 and take mortgage IT, he having the
option to purchase out for $4,000 BY his directions
another M n named Ryes employed boremus and Hy
Ter, Doremus agreeing to take an unencumberei NOR
gage farm for his portion. So far, the claim wsf
against Ryeron or Bysrd. mortgage was sent but !
being second NOR gage, and not an unencumbered one
sent back and refusedtbe debt remaining against
the property which, in the end reverted TO the execn
tors-Bya ard not assuming the property appeared thu
the arrangement between BY ard and the executors was
verbal Here it that the statute OF itah IN
,eriercd Ryerson Byord, were the persons owing
and the voluntary verbal assumption OF their debt ny Van
Buskirk not legal binding.
The ndge held that certainly the sain,e Of Fraud
very the The claim upon Van Buskirk, u not
legal claim was highly moral one He recapiua'ed
the several promises made by Van Buskirk 10 Doremu
AS stated in eyidencehe fact that he had paid the claim
Of Tyler who had legal claim than Doremus had
on him Finally he charged the jury that If they beev
ed that in the partition of the property Van Buskrk
Of the property that he respop for the claim
The Jury Instantly found verdict for the plaintiff in
SI2I0 90 damages and cents costs. For plaintiff, MIR
Gerard-or defence, Mr. Anthem
THE OGtE GotD SpooN" CAsE.--Everv body
knows that the Editor ct the Western Pa. Unlot
Democrat sued for libel by the relatives Of the late
Charles Oge for copy ing the story that Mr. ogle had
traced his death bed certain Infamous charges in HE
famous Gold Spoon speech made against Mr. Van Bu
The speech itself tissue OF falsehoods and y
was said Mr. Oglc in Ct Of confessed his guih
in its compilation. The editor mulcted fine Of
$40 Gov Porter RENTED the fine Immediately the pro
ecufion being evidently OF political vengeance The
editor adds
In the trial we las an honorable man would admitted
the pubcation--the Court however, in accordance with
the law Of libel rejected all evidence touching tho truth
fsity Of the article that the verdict OF the jury had
Nothing 20 do whatever with this part OF the matter "a
fact that ought not 10 be forgotten !"
SUICIDE. Thursday morning, Alfred Moody
If Souh Hadiev Falls, was missing. The famill