The New York herald., 1845-01-12
Common Pleas.

Before Judge DAILY
JAN. ll>DEcIsIoNs- EAra b. .Julael va Jdzpes Nun
Toeln this case, already noticed, The Jury rendered
verdict in favor OF plaintiff OF $5e7 l5
John Gray John Hook In this cause the plaintiAf
seeks to recover from the defendant half OF the
sci tees paid by hi in defending his right the flee Of
Hour inspector. The defendant had been appointed depu-
ty under him in pursuance OF sgreeme before
plaintiffs appointment, and that he should withdraw
given by panu t, defendan, for balance setleu ent
OF such fees which the plaintiff refused 10 pay but after
wards agreed to pay provided the pianu would pay half
OF the expenses OF such legal proceedings is objected
that the notice is not sufficient entile the defendant
give the matters n,aned therein evidence. Ohec-
ton overrud but the Court is of opinion the ers
stated In the notice form defence to the action
aconract to indemnify against ILL gal to be done
at future time is vod sill party may indemnify him
self against the cnns quences Of illegal after
DONE Verdict cor frmed with costa.
Stephen s. Chamberiain ada. Martin Weiiand-In this
cause Farker held sealt note oneJ all $g96
payable to the orier OF the defendant dated August
~ 1887 II was payable one day after date and
iendant on note for about $500 due Parker II col
ieced Parker was to pay the balance of the sealed
to the defendant On about the LIST June lSa2 Par er
endorsed the sealed note to the Weiland for the
consideration of about $50 and the laniif the de-
smount from the defendant which he owed to Parker
when he endorsed or guaranteed the ncte Various qnes
ons Of law have been raised and argued this cause
IN which the plaintiff obtained the verdict hich YER
dict the defendant endeavors to set aside 1t being
sealed note cannot be ated and action cannot
De maintained upon it. 81. This note althou not ne
gohable Is still valid promissory The only
dculty in this case is, that the per being under SEAL
the defendant may be considered merely
oi the sealed note and forming Of qua
rantJ between the parties But the Court of opinion
that IT n stu promissory note, and all the
ties IN connection herewith in fu force except such as
are dependent on and connected with its nj gotabty
The objection that the hand wrpg Of the maker was not
proven al the trial. is available in this mo ion-New
trial granted; coats to abide the event.
W,HGm Wesfhorp Us. Stephen c. Smifh.-This is a mo-
uon, made TO SET ASIDE the oil The sole referee
this cause, the ground s that the referee erred in
tns Cause III rspoftirg against the defendants second,
he re cree erred In charging the grand parent
saries Tor his grand Child third the verbal promise
pay the debt oil thId person is void fourth
testimony in This cause fixing promise pay upon
deiendsnt Tbs Cour fund tnat there evidence
he case IN a its parts they find that the objection
not be sustained Report aside and referred
the referee.
Nm. H. Pinkary ads HIM. b. Weeks.-Tn this cause the
Court decided HAT the d, endant under the evidence
ought lot to have been charged the balance
after deducting pay mtnts made BY him II the plsinf
will remit that difference say 500 the report may
hmed il not 80 done. IN wiring, within days the
report Is to b. referred back he referees with per mis-.
sion to either pntyto produce other testimony from what
has been alre edy received and record their
ciay as to the ie in whch report Is made M it.
hey fnd for the plaintiff The costs such to abide
the event.
WHiGm c. Rhinelander and Others ads Samuel .acker-
man 10 IS case motion made trial on the
5found that he jury in acting the Judges charge
gave an erroneous verdict The Court decided that the
Supre Court held contrary the general principle a.
ad down By te Judge and therefore that new trial be
granted on pay mcnt Of costs by defendant.