New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-08-04
poINGs IN OUR LAW COURTS SATURDAY

U. :. CrKovrr CouEr.--- Srseao,s-Grorsc Jone.
convicted of stealing so. IN gold from, wu O~.r.
on board the shipC ofnels from Lverpooi ,ener.e
~ impusonmen tor one ear ana - Ray tue u SUI
The application nl new ul1 ~As trtc
IdNard Billings. who threatened n, ol1cer, a IA.
brig Caroline Psu in their ,toFt. 10 eise Am a. ~.
-cnsnc,d o. mpsisor Tor Jo days u eoaEerc. on
MONDAY set the date Of his conviction.
John Turner convicted Of an >ss~ult with k,if.
upon he Captain sna Mate Of the Hsvre p,cse, low.
was sentenced % 90 days mpriscnmcn, On each cor,
pslnf srf % pay q fuc u p.
John miller. charged with ~ assault vi'h sheath,
knii, on the mate OF the ship Gcorsc Na.A.nSaa "a.
..tsncsd 10 Imprisonment Tor 3O days and 10 py -,
of one dollar. The Cour; stated that sc.uss M,
works h.. passage = - much under The decrn 4 tie
NAH snd other officers Il sNesse and equally schst o
the Marine laws A. il be had signed ihr ar;ces an
formed one II The regular cr,w O; the ship
yovST oF COMMON PLrAs- Cornoius hsNixss ',
The Nuf Tor. HtcrHafs hrafr1isW rara Ns4.y 1T.
plaintiff member Of toe -osisty. which l. acorl.
laffi and brings scfon recover -uo Tor weekly "a,
while be sick which the society refuse 10 pay :,
ground W understand. Of the plsintr net having %
formed with the by avs An inquest Va II art taks
hy default buf the case rcoptned. Inc d'clsrsls
merely states that the society owes The plants sl
without triicn.srizng What for and exception tsss
The Court consider. that the declaration should set k
,he particular. oicsm Judgment Tor defendant, % =
muuVr
John Rics - Drail B'6keiy-ippicsiion for is'ts
i.sus-The aucsuog "a be- submitted 10 The jan :
whether The general rrisse which WAS executed BY =
s.sniaut In his suit snd delivered the plsinlr a
,sd Feb isii included sna intended by the dee
dsat % include the costs IN this suit Sc. Applc.c-
Granted and the order Chambers modified As iol
,yy the feicned issue be made up IN the name o 1e
attorney. subject 10 the usual rucs o. admitting ssc
mony.
.,s.,f ". Cisrl. A. Cro-rley The Count consier- ~
an executor sue and recover Ion ymsris maze
such executor % the heirs OF m estate Jaesnen ~
plsn'if On hts third point.
I'M tb,. matter Of GEORGE and Vim Lovesni proccste
against As absent debtors The former applies 10 hes
the aftat hmcu Dissolved on he ground mat ne VS. 1
absent The Court considers that unmarried rsn eess
away to The south must be considered - Hoen anouA
h. may intend DAB return and whites his name A. tn.
ing 20 New York m the books " the hotel NJ whch h
puts mp. Application denied.
MAEINE CoVRr.--iwp'rtfa' % purchasers ef fsdior-
r'-,s.i. Grnis Va C,rafibs Oaiirths deicnosn' prr
.h.s,s III nlaipfie ~ auction a. a sale OF Mnum Co
$4,000 cigars AZ 80 IS and . - per Thousand ne
sale the autcneer by direction OF plaintiff sold me cigar
a. Havana Dos Amsgos Cigars, subject to dentucre
The cigars sold by sample. which Mas eNnoiifd
The auction store from O'Clock in the morning w tir
time OF sale and also exhibited AZ the sale which 'oos
,ce IN the walk m front of the auction room Anef No
defendant purchased The cigars be refused 10 tase then
on the ound that they we've not -seh n hsd he.n rep
resented BY the suctone.r. hut that they were nernsa
cigar which latter appeared 10 be the met On 'hs WA
The cigars afterwards sold ~ ofdef oi ih' Psn.l
trr the benefit Of whom il may concern, and brought -
Der thousand Action Is brouehtto recover the amount
OF the original sale II WAS concnded ON the par q" oe
n, ma, he w. not bound 20 pay Tor these cigars On
account of the of the auctone.r hsi
the REPRESENTATIONS amounted to warrsnee, OF u insi
dii not amount ID warrantee that they were dec,
ur.fii.ed upon defendant Tie also con'ended hh r.
was entitled 10 notice OF resale before they were sold
To this the plsni replied thai where goods are sodi
.a,,. 4. tho SAMPLE alone i % govern the sslcor a
east that was 80 in This and that the represent
atoms OF The an, toEocr were no wsIrsntee but mer
such putting is customary AZ sses ~ auciion-ih N
defendant could not have been deceived r'eHu-e u
provsn that he OF the oldest tobacco dealers m W
efv and had every opportunity 40 examine thr ssnP"
81. "a. to see II they up the Standard OF me pfs
.er-arons and II he did examine The samples u ~
hi- own fault
The Court decided ths, the representation. By nm an,
,one,r where the pnriy purchasing could ascertain Ia
himself al the time whether the representations w.n
il.e or NOT il not such a representation "a will amour
10 a warran,ee or for which the party masking u couh
pe charged with deceit 90 hents CONNIE n1ares. I'd 81
n as Chi,ty on Contracts i50 iJ2. 5ih Am I'd ,.
Kent tsp) Also that the defendant was not .n''usd
any virtue OF the resale because the paintin could r.
oyr here under the Courts for good sold ant
delivered and the defendants remedy II by way u fr
equipment ifiho Representations amounted 10 d"cee
ton and by WY oi sei-of II they dad Mt amount 10 {,
deception Ia the .um for which the good- were rc,ct
lcliN onrC Contracts ijl "A Kent Soi 5lh John-'i,
kcport. 3a5 Coaan's Treatise. "a ed part , $50 IT,
Court considers n this the doctrine Of odrod sly
rrt fhc purchaser take heed strictly applies lhouh
The Court cannot commend the morality ~ the principe
that these al sales should not bind ne
.elefs .tu such il the law Of the land and the Car
good, brought ~ the resale and the defendant 70 "
charged the price Al which the cigars were bret sod
leaving difference with interest. Of s5s % In h'H
of tIuinfff