New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-06-16
pOIyGs IN OUR LAW COURTS SATURDAY

SUPERIOR CoURr- Trial b >rribacr sHrriror. 81 Rs
Josiah f0re-Messrs. ~crbner Hitchcock IN l~}- filed
creditors oil IN Chancery FOR s!'VD against Bacon
Chss Clark the latter assigned their effects 20 Mr
Geo ". Soulc. Mr. :. agreed 20 give up 20 piaintir-
deeds OF property Hudson and other places. " b. c
s. e.. on which be bad expended As stated, -5o' on
plaintiff. paving him this sum- he binding himself 10 re
fund u il nothing realized from the property NJ
Howe signed a written instrument being surety tor the
refundinding by Mr.. Soule OF the 500 Nothing Wa
realized and action i brought TO recover OF Mr. H. the
amount. He c0nended that there had been negligence
in efforts 70 collect, Verdict for plaintiffs siO5
UNITED STATES MsRsHAL's OFFICE Charge Of
abaad0niRq Seamep-Captain Coffin, of the ship Mem
phi-, from Liverpool was arrested and examined on
charge Of abandoning OF his crew. From all the cir
cumsiances the charge not considered proven and
the case dismissed
COMMON pLEAs-D Smith s AflWsoe r.
daeipe CifiOH-Action by out contractors, under the
lien nw against the owner 70 recover s5Io due on Car
uenier. work in erecting TWO buildings IN lcjs corner
of Henry and Groverncr streets The referred
and report made in favor Of plaintiffs for >l-lO2O No
ton made 20 set the report aside Report confirmed
tio0rge NICHOLS Uil,ara C. DuseHbWg.-Mr. D. leased
for year TO Mr. y. dwelling house and store to be
erected On oi No -9 Grand street and 10 be finished
on the l.. May. 10 not finished al that time and Mr.
y was compelled 20 hire elsewhere. lie brings action
10 recover 5000 damage Demurrer Was put IN deny
ing thar the agreement forth IN the declaration cor
responded with the original The Cour, thought that
there was sufficient discrepancy 10 warrant the dcmur
rer Judgment for defendant on demurrer, with liberty
10 plaintiff 10 amend on payment OF costs.
John Rice 3. paHid Bdkeiy-Appeal from Judge Da-
w. order denying perpetual order 10 stay proceedings
founded upon release, tor damages and costs the dam
ages being only s. and the upwards OF $3.50 Mo
ton denied, with - costs.
Circuit CoURr-D q cisions-S y Brood and 4
n H,dth Vim. Lsarensv0rfh--lhc plaintiffs who are
brokers procured for defendant loan of $1,000 al three
wears and charged II per commissions being per
cent each year Mr. l.. refused % pay averng thai the
rate established by l. per cent the amount
without reference % time. sun brought, and
diet taken subject the opinion OF the Court. Judge
EduOnds held that the per cent rcer- 10 eacn year
Judgment tor plaintiffs for amount claimed
Jaaes shan Vs. Tie Manor Sr-Pa inrf in July. l-i2
was appointed one If the Beirngcrs al the Halls OF Ju
ncc The cupols and bell however were not ready for
Use til the September following, during which time he
had nothing 10 do for the Corporation He brought su
20 recover ms salary for the iniery enns time The Court
thinks he had no right salary Judgment for defendant
H. y SuM r. John hsrr.-ihc plaintiff was clerk IN
I tine wholesale beer establishment of defendant While
TO- Nj. Kerr was robbed OF >5ll, which some person
stole OF the non chest Circumstances seemed %
warrant suspicion against Mr. smith, and Mr. kerr sent
for police officer and had him taken INTO custody on the
charge In few days the real thieves were discovered
they having watched an opportunity when Mr. : was
absent for moment enter the office and take the mo
ney from drawer OF the safe Mr. : brought an acton
against Mr. Kerr for SANDER when verdict was gwen
tor defendant Motion l. made Tor q new trial. The
Court held that A. the charge made police 9th
Ger Ia good faith from belief Of ~ truth an apparently
probable cause and without malice. the communication
wa. privileged. Motion Tor new tral denied.
PIigY flsH Jdc05 " >pcacfr, n dA-lhe painth
had wool on storage loft belonging "a deiendans-
While the wool storage, The plaintiff. without the
knowledge 0f defendants. hired the store himself and
supposed hy ih- means be- broke the defendants len for
storage The Court does not think 20. New tria grant
cd-c0-is 90 abide the event.
Jfraes T. W Blsak.y e. Mayor 81 few day before
the party IN power that time resisning office Ia May
-3 the plaintiff was appointed an additional Clerk At
the lower Police Office and took the oath OF Office. The
opposite party coming IN however objected 20 the
! appointment and the Common Council directed
the police magistrates not 20 permit him 20 act although
be- offered a. do 60 The present action Is on the first
/ quarters salary PAYMENT refused the ground
that the at.sointmcnt Illegal, ordinance having
passed IN relation but made IN osnt ballot, without
c0nsu.iingthe Mayor verdict ris taken subject 10
the opinion ID the Court Ia giving the decision the
Court held that no ordinance was uece.sary-that the
power Of appointment rested solely IN the Common
Council without The infinaOn Of the Mayor ana that II
L was Illegal f0g the Aldermen and Assistants 10 meet in
Joint ballot 10 did not lie IN their power 10 object ~ their
own irregularities Judgment FOX plaintiff.