The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-06-05
Common Pleas.


JuNE4-George d. Doubling H. Godfrey Wheeler et
ais-This action Of trespass upon the arts
of alleged right to certain property invested in
store situated at No. 39 Grand street appeared that
in March lsia the plaintiff (Dowlng) and defendant
Wheelerwere doing business Reporters in Congress-
of the local newspapers called the National In
tegencer Both being not lover flush in what is called
the ready rhino and feeling anxious to look after No.
made arrangement to enter into business in this
city-the business to be carried in Dowhngs indiv
dual name Wheeler advancing the capital in the ordi
nary mode of business where labor is made equivalent
capital appeared in evidence that stock Of goods in
the above store were purchased Dowlings ndiv-
dual name, receiving the purchase money from Mrs.
Wheeler, amounting to S9SMr Cassidy the landlord,
respectable OF business and residing the pre-
misses feeling anxious to retire. having sold out to Dow
ling The business il appeared carried on by Dow
ling from March until Sd July, when he visited by
the Sheriff, Wheeler having confessed Judgment for
private debt, due a respectable young gentleman
siding in Brooklyn The Sheriff, IT appeared sold out
the 10th July the right title and interest" of Vince
Ter for sum Of $50 and subsequently, the evening of
the day, removed the goods from said store, the
stock being small and reduced Bowling, il appeared,
remained in possession the advice of his upon
which he acted until LIST Aug when he left the premises.
receiving indemnity receipt from the landlord, upon
which Wheeler got possession, and now carrying on
the same business in the Of his faher-in-law MIR
Clough,) venerable and much respected gentleman,
who has served with much credit in the United States
Navy Previous to the confession Of the judgment, some
misunderstanding having arisen between the parties
whether upon disputed matters in account or other
causes, did not appear, the defence not having been
gone nto) Bowling again opened business on his ind-
vdua property nDvision street He again by
~
stripped Of all his goods which taken away by the
Sheriff and sold satisfy the judgment. During these
difficulties a woman named Ann Flaherty, otherwise
Clamp, a native Of lrelnnd, employed in Dowlings
service, washing and cooking, &c, &c. sc. Bowling,
in the interval between his leaving Grand street. in Aug
st lS43 and removing to Division street. (havinH placed
confidence in this woman, and her reputed hus-
band Clamp allowed his trunk and his property to re-
main in their custody for safe keeping A period OF
some three weeks elapsed when Bowling missed
several articles of his property which stolen in
Clamps house, and subsequently detected Clamp
Sunday morning in the actual commission of the rob-
berry. lie subsequently got into Division ST. and opened
business, when he took steps to punish Clamp and his
servant woman Ann Clamp, for the robbery. The two
latter in order to themselves go back TO Wheeler
and the three went before the grand jury and swore-
Wheeler, that a portion of his individual property
taken by Dowling-and the two Clamps, that
Bowling acknowledged it was Wheelers property
taken from Grand street. between the Bird and 9th OF
July, while the Sheriff in custody The case was
imprisoned for seventeen days, when on Wheelers
discharged.
JAMES G. WmLrT Esq, the Sheriff. testified that no
property was removed from Grand street by Bowling.
The KEEPER verified the staten ent.
Hrs HoSoR (the Recorder) was placed on the stand,
and testified that he, and his associate Judges upon
the bench gave certificate to Bowling to the effect
that there probable cause for said complaint"
The law point entirely turns upon the question: of
int gritty, in the partnership dealings between the
parties involving the technical ground to probable
cause For Plaintiff Messrs Mckeon and Major. For
Defendants Messrs Jordon and Corning.
The case stands adjourned.