New-York daily tribune., 1845-02-07
CITY INTELLIGEN c +
THURSDAY.
COURT OF COMMON PLEAS.

John w. Woodward vs. Rober, ShinH.-Capt
Shlnn of the bark Swannowna, went 70 the = ,
Court and the cdus,, II Is sa!o, oi an aihIeVit
being made, charging his male, hf- W ooG"diu'
Win theft in stealing coffee and tea while the YES
sci Law Al bordeaux Mr. Woodward was arrested,
but acquitted on examination by the y. , Comins-
sioner He now brldgS action against the CAPTAIN
to recover damages Tor malicious prosecution, &C.
II was shown by witnesses that The only tar given
was some winch stuck 10 the inside OF a barrel
after /! had been einptisd as much as usual; and
that few pounds OF coliee had been loaned 10 an
individual on board the Historian (as usual IN Tor
eign pnrs) which was wing alongside, 10 be return
ed when the vessel got 10 New ork, and that 1t
was returned, TO the knowledge of the Captain, be-
fore the latter caused the complaint TO be mace.
Ii was also shown by Messrs Barltt and Barber,
OF the u. ) Courl, that Capt. ). went 10 the DIS
lrct Attorneys oiiicc and caused The complaint 10
be entered, but il was dismissed by motion OF Mr..
Barrett Asst Dist. Atiy1 himself alter hearing the
| testimony. 1t was further shown that Capt ;. had
stated to one of the deputy Sherlfis that Wood
ward wa bad fellow, ana se would ilave hlin ar
rested for stealing. There Was no defence. The
Court charged that il was question altogether OF
damages Tor the jury 10 decide. Verdict tor pam
,li. S225.
The Shamrock Benevolent Society vs.. John a.
Col!lus This is one of the family quarrels which
sometimes occur among onr benevolent societies.
| 1t is an action of rcpIeyin brought by MI Corne-
lius Donohoe, the name OF the Society 10 OBTAIN
possession of five banners. gil. Eagle, mallet, and
other property of the kind belonging 10 the society,
from MIR Collins. who is Secretary Of the Society,
and in whose public house IN Spuns street, Ile
| banners. &c have been for some Time kept lhe
.lecucn Of officers takes place on ST pdtrick
Dav 9th March) OF every year. MI Don0noe,
last March, was elected Treasurer. Inc oth ar.l-
! Gle of the laws provides that all such properly
shall be kept by the Treasurer ne previously en'er,
ing INTO bonds with approved surety, tor The faithful
performance of his duly Mr.. Edward l.osue, IN
| Nav ioned him IN a bond Tor Sl,OO9, whlc'i was
| given 10 an authorized Committee OF a members,
| no wen, TO Mr. Collins for the purpose OF ootain-
ng the banners and the other lcIes, and deilvei-
| Ing them 10 Mr. Donohoe. MIR. c. refused 10 slvc
them up except on an order from MIR. +. Clark. the
! President Differences had arisen since the cleo
on and the President refused 10 give ar order
ln June Mr. d. issued d WI, OF rePevin 10 OBTAIN
possession of The ar,cles, which was served by Mr..
Kipp, deputy Sheriff, upon Mr.. Collins, but The
banners and the pruclpal part OF the properly, hao
been previously removed az was SAID ny direction
of the President and 9th members of the Socle-
| iy) and but few oi them obtained by Mr. Mpp.
The Society Is benevolent association, and has
been in operation snce 1929 but did not Obtain an
4c, Of incorporation until lS4l Mr. Donoao claims
possession under The legal Constitution and bylaws
framed under II, and brings the present action Ii
appears that some time after The election (but what
me has not yet appeared on the trai,) a meeting
of the Society passed IA special bylaw. providing
that the banners should remain In possession oi MI
Collins Votes CT expulsion are also SAID TO have
been passed against some of the opposing mem
oers, but the counsel Tor plaintiff stated that they
were rot done accordance with The constitution
of the Society," and are therefore void
twas contended by Mr.. Brady, tor defendant,
that Mr.. Donoho had no iighr to bring action IN The
name of the Society. The Society, IN fac' Is DE-
tending the action, and that he should have brought
il his own name as Treasurer He moved for a
nonsult.
The Court remarked that an incorporated Socle;;
" is bound TO be governed by us constitution and
the bylaws made IN pursuance Of H. 1t they pro-
vide that the Treasurer Is To perform certain dulles,
those dnties arr. To rest in him How far The new
bylaw spoken Of may affect The case will be seen
n the course Of the testimony. Mr. Donoho, as an
officer Of the Society, could only bring The action
as he has done s The Society paine. The motion
for nonsuit was denied. and the cause will be re-
sumed in the Circuit Court room This forenoon
For plaintiff Mr. Henry and Mr. n. B. Blunt
For defendant MIR. Barter and Mr.. /. Brady.