The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1845-12-28
Common Pleas.

/
DEc. 27-Harriotf rs Sandtord-This was an action
the to the value Of certain chael pro-
! morigaged by one 7. C. Browerto VIM B. Lawrence.
The defendant obtained Judgment against Brewer and
by plaintiff al the trustee or baf Of MIR Lawrence
verdict rendered for defendant and the plaintiff seeks
to set aside the ground that the testimony Of
terested witness received
Verdict confirmed with costs.
Wiicor ct al Us. Halliday The plainti6s' broker in
this sold to defendant on 18th Dec, isi3, $4,000
worth Of per ct stock Of Ohio deliverable at OPEN
ing of the transfer books The sale made pub
lie board of brokers' Of which the brokers of both par
ties membe and recorded the books Of the
Board by the secretary in the usual On the OPEN
ing OF the books the 18th January 1884, the nd
informed thereof aud promised to call and take
the stock but did and the stock again sold
loss Of S3oa &c. and for the recovery of this balance the
action prought-upon the trial of which verdict
was TAKEN by consent for the plaintiff subject to the
opinion Of the court on case. with liberty to turn the
same into bill OF exceptions The case was ordngly
made out, and came on TO be argued on the Goth inst
CouRr-Upon the whole, it clear to us that on
the question arising under the statute Of frauds the do
endant did not become bound by the entry made by the
have bound himself his signature, the entry the
broker might have bound him but the latter made
memorandum, and the defendant did not sign the regu.
lations rules Of the Ass iciation Of Brokers which
bound them members to submit to the entry made by
their Secretary; but do not think that oblga-
tons to each other members extend far vail
date the entries legally equivalent brokers'
randum. As to tho other question under the stock job
ong act Its, appears more clear = US that Little CO
stocks and that long the stock did not stand the
plaintiffs books in plain fs names, OF all events,
until they had redeemed the stock. they could not ho
considered the and propretors OF It, legal.
ly entitled TO the certificate and we therefore, Of
opinion that the plaintiff ought to DO non-suited.
.inse W. FdshThis a motion TO set aside the re-
port Of referee. Tho action brought for the
very OF commissions tho plaintiff having request Of
defendant procured loan Of money for him on mott.
gage and alleged that the defendants fault that
the matter was not consummated. The defendant de-
MED that he employee fhe plaintiff. The case
referred and the referee reported against the plaintiff
who now moves to set the report aside.
CouRr.-The grounds assumed by the referee meet
our assent and decision is not contrary the evil
dence, does il violate any rule Of law. The repor
must therefore stand.
Rogers VS.. Warss.-This was appeal from order
made at Chambers allowing fegned issue to try who
Their client settled with In fraud OF the attorneys
lien, claim for coats Older appealed from modified
will costs.
Tyson vs. Bailey, at a-This motion to set aside
nop-suit The case was tried 10 November 1oa4 and
pom nit was gtanted on grounds LIST, that the do
PENDANTS were not personally liable; and Id that the &C.
ton should be brought IN another form
CouRr We doubt that In any view Of the ccse de-
PENDANTS liable but ut all events they not 10 this
form OF action.
Hicks vs. Uay judgment for plaintiff demurrer,
with lber Tor defendant amend pay Of
Ths People Mirheil al-Judgment for defendant
on demurrer, with libetty for plaintiffs TO amend or
reply pay ment Of costs.
rne Court gill Friday and Saturday next in the
Chamber Of the goard Of Assssnts to hear lay srgu
nents the Court room proper being in such state at
present rsnd~rs unit Tor h transaction Of businss