New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1845-06-17
pOIsas ~ OUR LAW COURTS YESTERDAY,

-rrEFfOR CoURr-Fr,derick J. C0BaVi Is. R0ot T.
Bell ION 70 recover 5000, and interest, DonS me
arnJunt ~ a note drawn by George w. Tyson a 90
dated June l3, 1891 and endorsed by Mr. Ben, Formerly
merchant Of Pearl street but now Of Sianhope y J.
and uncle OF Nj Ty-On. The endorsement l. declared
by ilr Bel to be forgery. This note was sued " Mi
COnArt or years ago. when the defence wa ss' P
bat verdict gwen for plaintiff The creditors OF M
couant soon afterwards GOT a creditors bill IN thal
cc, and a receiver appointed, VINO took possession
o. IN, note with his other effects Motion was made 70
,ts Superior Court for trial. and one was granted
principally upon pon, Of law. The Receiver IN nan
erv ald the effects Mr. Conani al auction, and tins
ofe for $500 lay with new trial allowed Wa soid
Tor 800 and bought by Nj Wills tie present owner
Tbi- action Is the rra Of the case Testimony wa
y,n 70 show the endorsement 20 De- really tha 81 MI
Ben while other witDe-es stated the reverse The jury
could not agree. and were discharged,
decisions -J0.i BdA,aHd 8. William L. ctdrk-
,np.s from the Marine Court That Court ha- adopted
rule that the fees Of Court must Doe pad IN at cases
before going ~ trial ns suit brought by Mr CLERK against
NJ Bahrand NJ. Bryen appeared a. counsel ios me
defendant but refused pay hi lee. IN advance and
the Justice after examining t~o witnesses order
ed default to b. entered and Judgment gwen against de
fcndani Appeal u made Inc question iDi th.s NONIi
10 decide Is whether the Justices Of tne Marine Court
AN enforce h. rule The Court considers that IN some
a.- the rule may be- carried too Tar that IN this case
!. correct When the parties are present snd the JUS
,c ready 10 proceed with the he u entitled % de-
usnd the fee. allowed By law. and consider the parties
20 be- In default II they paid. Judgment affirmed
John El,reH rs William r. scsmidi-Ihe defendant IN
l-i chartered Of plaintiff the brig Northerner ~ aNe
mil es-ro from New Olk % NsI-eles ana carry JDV
bbls Resin on deck By the OF the charter party
defendant was pay $500 On the safe delivery % me
cargo NJ Mar-eies IN storm II became necessary du-
ro bi. voyage 10 throw the deck load overheard bat
the rest wa "a yered safe Mr. : paid sI- but reiu
.cd 10 paw any more segug that the ves-. had no rnt
70 freight for the portion thrown overheard and seton
was brought The Cour decided that the deck load doe
not form part Of what = included II the term iuI
cargo" Judgment ilr Fla-lfll-
C1arle, J. Baoki0k r.. Thomas JsT1soH srrtta, ant
otiers-The plaintiff druggist and gave another N
diydua for goods purchased, note tor 81 on winch
action was brought IN TIE Marine Court he owner o.
the note -ued out Slwe warrant IN that Court, wncn
allowed By Justice Smith and the warrant given 70
officer Alison. who executed Il by aff.stns pr bae
hn and bringing him before the Count MI oenied tne
ri.dicfon Of the Marine Court ana subsequently en-
,eredsn ACTON 10 damages against Justice smith
officer Allison and the party SUNG out Inc warrant Tor
Illegal arrest and false imprisonment AdeHlurrer l. u
-erosed IN which Justice smith declares that me Ma
rrre Court Court Of Record and had lur.dlcron &c
The Court in rs decision. stated that the Marine cou
: Court OF Record for certain purposes out not iul
.. and ina. i empowered 10 issue warrants under
the -twe act one II the sections OF the statute express
" stating that Il shan have such power Judsuen
for plaintiff On demurrer, with Liberty to defendant u
plead, &c.
fsndant On demurrer with liberty, sc.
Frvrr Nrhe,ig - John r. Pt<fH-New TIA! ceilei
Sane ". Saze-Nev trlal denied
Hlrad B. Usess Dgai hiH1sidHd-On -ui
trough, under the hen law against the owner Of tv'
buildings -iuysessn street when verdict was siFer
,sr defendant New tral denied
B TBo,aa. c Dors--ns e. al -. Michael DvuGy Actor
u, recover on bill OF sdin- where the goods GENE from
The IVES, 70 defendant and when verdict was gwen io
/ p.siufiH Motion Tor tTIal denied.
Reuben Williams VI. Vm. Fan ZaaaL-Appeal--
The plan,s vas mate OF the schr Sophia, and sued Nr
Van Zand. in the Court below FOR wages. For defence
il pas saii that VI Van T. held bill Of sale and ins
register u the vessel merely a mortgage II Wa
shown. however. that Re bad exercised acts Of owner
ship and verdict wa. gwen against him. He APPEALED
Juigrren. affirmed.
W W. smith edwin. Va Solomon HoiaG-Tne HUSBAND
OF Mr. Smith gave 10 DR. III 500, who promised 2
cure aim Of disease be alleged him to % afflicted win
or return the money In shor tine Mr. :. died and
VAS said no. Of the disease Dr. H. stated bin 70 have
HI widow sued in the Marine Court Ter recovery
money paid him Averdet was given IN fsvor OF Mrs :
IN the Marine Court and appeal is made By D. r. to III.
Courl-Judgmeni affirmed