The New York herald., 1844-10-17
Superior Court.


Ocr. 10 Moore Phelps, Dodee 4 Co-The Jur,
rendered sealed verdict io plaintiff in this case report
ed in yesterdays Herald-Sl l64 81
Thomas ID Hope Richard H. Chambers, ct. ala
This resumed The defendants were employed
ey AexI Mari agent oi ,ns 'usts Q, w'e' sresi
mortgage, executed by q. Hebbefd IN favor OF said
trustees seized on quantity ofbrown stone contained on
premises U6 and 10S Br0ome street the property OF Mr..
Howe plaintiff in the suit, worth S72 So claiming that 1t
the property OF Hebberd the morgager and sold tho
$40 30 appeared in evidence that Mr. Hehberd,
who is a stone cutter, ordeted bill Of one from the
Mddesex Quarry Company, amounting TO Sl6s. and on
bich were used in Mr. Howes buildings, and the resi-
due were seized by MIR Chambers behalf OF the church,
and sold taier being fully warned that they were tho
property OF MIR Howe) Tor SIC 80. For defence, it
put that the property belonged to Hebberd and that by
virtue Of their mortgage dated January Cd ls43 they had
unjoubed right seize upon and sell II for their ad
vantage.
The charged that the only question for the jury
to determine whether the property belonged to Mr.
fiowe II so, the mortgage under which defendants claim
ed invalid by the statute II they believed the testi
other conclusion and must render verdict for pla ntif
for the value OF the stone. II they did not believe the
witness Mr.. Howe had no right to recover
The Jury without leaving their seats rendered YER
dict for plaintiff OF f72 so damages and costs For plain
till. r. II. shannon for defendants, e. Nsgle.
Tnsophiius b. Oirer Joshua York-.7ssauh and Bat
,yv-hs was an action tr,spass Tor assault bat
terry alleged have been committed the first Of July
last in the house situated at the OF Gouverneur
and Division streets The cas- originated in a family
squabble II appeared that divers son was married to
Yorks daughter and prosecution is now pending with
a view to obtain a divorce the daughter having sne-
ther husband quarrel ont Of this when defend
ant went to the house OF plaintiff and said he would
break the neck Oliver because his son had seduced his
upon whch Oliver raised char TO protect hrs
and before raising the chair he ordered ndant
10 go out Of his place, when defendant u appeared ny the
evi ence, sprang upon him. threw him ont SOFA and
committed the assault as chatged~ IL appeared tba the
OF defendant whose seduction has been charged
upon the plaintiffs son by defendant, and to whom yonsg
Oliver married, has enotbcr husband living, which
compelled the Oliver 10 sue for divorce, and pro
secuton Tor bgamy is also pending verdict was rem
dered for plaintiff, $40 damagef
Samuel c. Ogden vs. Edcn D,iono and alfred Schemer
bo,u.-Ths was action TO recover an amount OF com
mission for the SALE SC eight half pipes Of brandy and
seven pipes of gin which had been shipped for ew Or
leans and there sold for 5000 25 The amount csimed
was 1870 Al balance was dce, Il appeared. on draft
drawn by defendants upon the plaintiff which was cssh,d
by them The liquor Sold and the proceeds OF sole
were placed by pairtif to the credit Of defendants On
this draft suit brought The defence offered wss
hat plaintiff had accorded with the express nsrud
tons Of the consgners thereby damaging the owners
Verdict for plaintiff, SllO 20.