The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-18
Common Pleas.

Before Judge Ulshoeifer.
Drc. l7.-.abraham j. MorreH aud Wife lisa II.
Vest and WifeFrom the evidence in this case, it ap
peared both the parties resided in Robinson street. in the
house. One morning in the month of July last,
during the very warm weather Mrs West, wishing to
keep the house COOL insisted leaving the front base
ment door open Mrs. Morrel came down stairs about
O'Clock in the morning. found the door open and
objected. High words followed Mrs. West commenced
throwing some things belonging to Mis- Morrel out o.
the basement into the area Hostitos then commenced
between the two ladies' in good earnes', and 1t was
shown by testimony the part Of Mrs Morre that he
adversary struck her while in the basement on the neck
and arms with wash club hit and scratched her arm,
her hair and ock and afterwards followed her up
stairs and there struck her again with larger club,
thereby incting serious injury Mrs Norrell, which
confined her to her room for a month This state OF
facts sworn to by Mr.. and Mrs. MorrelFs little
daughter child of nine years old there being other
then in the house. and the main features Of her
testimony corroborated by other witnesses To recover
damages for these injuries the action was brought.
Mrs Morrell the aggressor, and that the bruises
and scratches complained a., 0f any were received
were inflicted IN sene,al wacs after
Mr. Morrel, who sent for to his place OF bus ness,
arrived 1t also shown that Mrs West was suffering
from rheumatism at the time and in delicate state Oh
health and that Mrs Vests ANGLE cut and ether
wise severely injured in the melee.
After counsel had summed up, the Court briefly
charged the Jury. After consultation, they re.
turned and the foreman that they had found
a verdict Of $50 for plaintiffs.
Mr. Lawton counsel for defendants directed the Jury
to be polled the of Mr. Tyson being called
he red that not his verdict The Judge OF
dered the IN back 10 room, anu " bihb 'eii
verdict this morning.
For plaintiffs, John Graham for defendants, Mr.
Lawton. H. auu
Before Judge lngraham
Conrad Rose Us. Vm. Ogtrie.-This was an action on
the case damages for an alleged breach OF
contract The defendant by his agent, on the iIth oil
April lS45 entered into written contract TO let 10 the
plaintiff the bakery, store and back rooms on the hrst
door back and front basement, and stable attached 10
the house No IFS street. for year. at the rent
$a5o payable monthly the plaintiff to get possession
on the Grs of May. In the interval between the date
..I tkat spSa uha
get the defendant let the premises to another
party, and gave him the possession The pan'in al.
eges that he sustained considerable expense, not only
in preparing remove, but in procuring another esfab
shment The defence three-fod first, II was con-
tended that principal not bound by the acts OF
special agent ond his express authority and that
the authority be strictly pursued and that in this
the person who made this contract was but spe-
cia agent another purpose Secondly, IT was con
tended that the contract Improperly drawn APP
pearng on the face Of TO be drawn in the OF the
agent and not OF the principal and therefore not binding
on the laer and thirdly that the action was premature
and should bc brought before the expi alton OF the
term for which the contract made, which would not
expire before the first OF May next Verdict Tor 'he
plaintiff, $40 -. ,;..,
ney.