The New York herald., 1845-09-26
Common Pleas.

Before Judge Ulshoeffer.
SEPT. a5.-Daniei SPicer Us. Henry f. ketehum-Inis a.
action brought by plaintiff against defendant 10
recover damages for malicious trespass which was
alleged had been committed by defendant contrary 70
ties relation the letting OF stable situated in Chrys
II appeared that time in the tall OF ls44
defendant let the premises plaintiff reservng the rlght
of occupancy of one STALL for the keep of horse and
also place on the premises for one wagon Deiena-
ant however It appeared contrary 70 .ns on
certain occasion put ont Of PLAINTIFFS horses ah
tied it opposite to the stable in ths street. and also Pu
defendant the alleged violation of the terms oil
agreement whereupon defendant told him he would no.
plaintiff was accordingly compelled 10 seek other
commodation for that night On the following day. now
ever he was restore to his right in Chrystc street sta
ble and brings suit for the respass committed by the
alleged interruption Of right OF tenure The
@ hs soom 10y hs than he
had occupied, and that defendant elected upon 'he
ground OF mis- having claimed and taken possession o.
HIS HONOR charged, that though it might have ap-
peared that plaintiff had occupied more room than he
the alternative to test the question by
civil suit and thereby had the power to indemnify him
self for any damages he might have sustained Verdct
| for plaintiff slO0 damages aud costs.
For plaintiff, James T. Brady, Esq; Tor deiendah'' =
Sinon Serard vs. William Marshall -.assouu and Bat
fery1his action of respass, to recover DANA
ges for assault and battery committed at Fulton Mar
ke in May last 1t appeared that the parties are bon On
gagged in business in the market one being butcher,
and the other dealer in pork The horse OF the defend
he butcher) tied the sidewalk feeding out oil
cart when plaintiff backed his cart against defendants
and which led to the assault which de-
knocked him down and struck him several times
The plaintiff also in the act of picking up stone
when defendant struck him and injured ms eye proW
Verdict for plaintiff, $50 damages and cents costs
| For plaintiff, G. w. Stevens for defendant, N b.
| Blunt.
| Before Judge Ingraham.
JonFerdinand Cheeoe aud 4ntonio Coppa vs. Ferdinand
Liese-Biood Sucking among The .ccaty-This was On
action OF assnmps to recover the value OF one thousand
swedish leeches claimed by plaintiffs, who keeps de-
the sale thereof at ia9 Nassau street. from de-
iendant who resides John under the following
| circumstances -
appeared the 18th July last plaintiff sold sose
eeches the defendant and duly counted out the same
MS (detendants clerk. The eeches placed in
who gave them to carman and had them deposited IN
the store OF party named Whites subsequently, de.
endants receiving the cask, he found deficiency OF
1000 leeches there being but 1000 in IT, for which defend
offered at the stipulated price OF $50 per
thousand which plaintiff refused to accept The defend
ants clerk deposed that he Saw the 5000 eeches counted
out and also testified that the cask which they were
placed deposited in We's store. The question at
between the parties was that in relation TO the re-
ceipt and delivery 5000 leeches the plaintiff claim
I'M, that the tub in which the leeches deposited
ly contained 200O and not wishing to be bled to the
extent OF $685. by the slippery customers who had, he
conceived "shpped the bucket by slight OF hand, or
the 1000 ieeches that remained true to their al
legance." nonsu moved for on the ground that
existed between the plaintiffs and also
that OF the plaintiffs had sued in false name
| (Oserrued)
The jury rendered verdict for s2ss, the full amount
/ claimed.
| For plaintiff J. B. Purroy. For defendant, Horace
| Dresser.