The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-24
Circuit Court.


FEE: aa-Moss Drey Is. Ghristopher e. Lee-This was
an action Of trespass The plaintiffs what is generally
termed Jew pealar" and the defendant is adspperdry
goods clerk in Greenwich street. About year ago, Mo-
in his rounds called at the store Of Mr. Clements No
267 Greenwich street to dispose Of fancy cravats
and such other wares as he could get customer ior
While sitting beside the stove converting with Clements,
Lee came in from adjonrning store and in rather
ton the goods less price than he asking for
them This Moses dissened to- and here arose the diff
Guilty Clements thinks that Moses said, 81 don't believe
youyou are always telling me so;" to which Lee re-
piled what do you mean to tell me he2 fwiii wiring
your nose for you;" and was sutng the action to the
blow in doing which, is alleged the part Of the de-
endan that he struck him with the scissors which he had
in his hand and that to repel the blow thus given Lee
nose and asweed mouth for which Moses asks damages
at the hands OF ajury. Mr. Graham. behalf Of the de-
sndan commended, that although words spoken could
justify allow yet in the present the assault with the
scissors added to the usual bad language Of the plaintiff
rendered the assault technical one and but subject
nominal damages On the other hand His Honor the
Mayor (who about to retire from the whirgig Of poll
teal life TO resume his practice US member at the bar
commended that the assault aggravated one Lee was
stout athletic young man who had practsed the naniy
science" at Canal street gymnasium and knew how to
plant his blows with better effect. The remarks of His
Honor in vein Of mingled rdicule and satire,
which told upon the jury, and they gave Moses $40 da-
Joseph Beuehard E~e rs. .Jossnh Lanez Dios--This
an action TOR money pad as cosurey ON two bonds
given the United States for the payment of certain du
ties In the October of 1898 Henry Castro imported
cargo Of goods n the ship Imperial from Rochelle France
and executed TO the Collector Of the Port two bonds
for S296s the other for for the payment Of the du
ties the expiration of year. The sureties to these
bonds Lewis A. Brunei and the defendant Brunei
died leaving the plaintiff as his executor, who faithfully
administered the estate, and paid the creditors Alter
while whom he had nearly paid the entire estate he
against the estate on the forfeited bonds of Castro Das
became insovent and by the act Of Congress- with the
consent Of the plaintiff he received release from the
Secretary of the Treasury the judgments Das then
made arrangements with the Secretary OF the Treasury
the executor of the other surety and the plaintiff acu
the them United states District Attorney Mr. Prce on this
suit. This money, it Is allowed has never been
paid over to the Government and consequently Dias has
not received his half the law allows The plain.
tiff recover one half Of the money paid and
expenses The defence set up the release Of the sece
ay Of the Treasury and aays that in the Superior Court
action brought bond of the tenor between
the parties and there was held that the release
REIMBURSEMENT The plaintiff contends that the release
against the estate Of Brunei The question being purely
law, the Court directed verdict for the defendant
The matter will 20 up to the Supreme Court
Spencer vs.. Nm. a. Holsted Jr.This is an notion
brought by the plaintiff against the defendant for the
Of rooms and boarding In appeared that the defendant
plaintiff for himself and wife, for year. to commence
on the first day Of May, s!2 ending on the first day
May ls43 for the sum of $780, payable quarterly The
defendant did occupy the rooms owing to the illness
Of his wife the first quarter and then made agree
the send Of the first quarter that if the plain
tiff would release him, the defendant from one half ofthe
amount due, he would pay the other half and would en-
gage to pay for the balance Of the year commencing the
l
any deduction for absence, whether he occupied the
rooms not was proven that the defendant occupied
the from the first of September to the first of Feb
uary then next and paid the whole time, including the
month Of August which he did not occupy. That on the
first of February he quit the without giving any
other notice than the evening before when he inform
ed the plaintiff that his wife wished TO go into the country
VISIT and that he should not occupy the ths
remaining three months The plaintiff informed him that
he would be held responsible for the remaining time h'
then left The plaintiff then rested, claiming the
S2ll a. as the amount due for the the remaining
quarter Of the year.
The defendants Counsel here moved for non-suit
the ground that the plaintiff could not under the
statute Of frauds because when the first agreement
| made il was not to be performed in one year.
The Counsel for the plaintiff resisted the motion upon
the ground stated by the Judge as hereafter stated
The Judge denied the motion for q suit upon the
ground that the defendant had changed the terms
agreement by promising to occupy the the end OF
first quarter and to pay for the same whether occupied
not at the rate OF $500 year. The defendant then at
tempted 10 show that the board furnished such
rs promised to be given. This entirely
thrown by the witnesses which the defendant himself
produced
The jury without leaving their seats found the amount
claimed by the plaintiff, viz, S2il 81.
For the plaintiff @. NJ. Speir, Esq
For the defendant Bell and Cos, Esqures