New-York daily tribune., 1845-12-19
I.nW EnnrIa.


SUPERIOR CouRr-Wilian DipRctord +. Paine
Daniel e. Tylee B. L. Brooks, and ohers Action 10 re-
cover damages for illegal dispo-sesson OF plaintiff from
the Opera House already referred to- Verdict tor PLAIN
t!h against all the defendants but Mr. Fox Of S500
T0hn L. Gardner vs.. Smith S Cronsil-Thr plaintiff. a
merchant of Boston, sold TO Eastman. Fonda Il Co. 2Uu
bags coffee, worth aoou, SloCO who snpped 1t To de
PENDANTS merchants of this city Plaintiff subsequently
averred that the coffee had been obtained IRON MN bS
Z F. x Co under tdlse representations and he sent on
und repcvned it. The present actonts 10 test tue CUES
tion. ;. G. claim lst that the purchase by T. + y Co
was not fraudulent and ID II was, that plaintiffs
cannot defendants after receiving the bill OF
lading accepted bill oil exchange Tor the amount whlch
has since been paid and they are bona hde holders ur
owners The cause is still on. For plaintiff. Mrssrs
Emerson and Anthon; Tor defendants, MessTs. y. B.
Blunt and Jonathan Miller.
Court OF COMMON PLEAs--.ibrahdm J. NorreN and
,cif, VA I,r Vest and lriE-Acon for Assault and
Battery already referred ro-The Jury after retiring
second time 10 their room could not agree ana were
discharged.
Warrsa Jenkins va Slercood R,yaoii, Co.--Acton
to recover the OF check aud note cashed for
the late firm of ; T. Il Co II PeaTlst. One point Of
defence plea OF usury plnlntit having sdded the
interest 10 the note prosprctlvely and IN addition hHd
paid in Weschester County money, which was at nall
per cent discount The Court charged that party has
right add the interest in such case TO note also
ha, paying money Tor check or note IL pot
considered in law To be Usury AS the party generally
pa4ses of again for its face Verdict for plaintiff sl
39-For pltf Mr.. q. c. G0ddard-For ddt. Mr.. Benz NJ
Stlwe. OF the firm IN person.
A defendant named Gallagher charged with over
driving horse which he hired in June last on very
hot day 10 60 10 Throgs Neck whereby the animal was
injured and became worthless. Action Is brought Tor
the value Verdict for Plaintiff, so.
Jacob Morris Leiois fsddcslhe parties are rival
store keepers in Chnihaus some words occurred be-
tween them te the I'd Sept last and the de-
endant struck plaintiff of assault and battery IS
brought Verdict for paintit 80, which carries Ike
amount OF costs. For pit! M-ssrs. 4. w StoJghOn and
l.. A Lockwood For dfdt Mr.. H. p. Barber.
.Jotn Smell SeaweHts SactHgs BaHT-Acti-n to re-.
cover $780, entry the pass book in February l-i3,
saying that $50 had been paid plaintiff but altered
in -i5 $50 that being the amount on the Bank books
paid, and Of the check drawn, but Mr.. : asserting
that he had received but $50 and it paid in money
the The Court charged that the original
try conclusive unless the Jury fully satisfied Of
lis being Verdict for plaintiff, SIZE 81 being
principal and interest.
Henry VI. h,rbert Cdspar HefmaR.-Thc plaintiff
who keeps furniture store in Chatham square sup
piled defendant German cabinet maker in PIttst with
materials for making up furniture. Some misundcr.
standing having occurred in July last he repIevined
quantity OF readymadc furniture at the shop OF defend
ant contending that il had been made of his materials
and belonged 10 him. which is denied. Verdict for de.
tendant For plaintiff. Messrs Aliens & Hudson for
defendant, Mr. j. w. Mitchell.
IS CHAMsERs.-STILwELL WARRAST-Norton &
Lawrence, silk dealers OF this city. charge George n
Carleton, merchant also of York of raudulen.ly
obtaining from them upwards Of $1,000 worth goods
on the assertion that he had sold such 10 Gssse Bull
lard u Co and other houses at Boston, and would get
their notes and give ~ i L. in pay while, in fact he
mad never sold such 10 the but the contrary sent
the goods TO Boston auction house. and sold them at
great sacrifice On the threat OF this proceeding It Is
said ne has paid $500 Of the Judge d. cOasid
cred that the Plaintiffs had made their and
made an order for the commitment Of Mr. c. under the