The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-16
superior Court.


Srrr. IA Joseph Josephs Us The Croton Fire In
Cs-Thiswas an action brought three poll
on houses in Broad street. for $4,000 The houses
burned down by the great fire of July, ls45.
The destruction OF the houses by the fire admit
ted evidence of their value then given and the
Icy was exhibited The defence set up was that the
premiums not paid, and that as consequence the
policies were cancelled The President Vice President
and Secretary ofthe company severaly examined
to prove that Mr. Josephs called upon several times
to pay the premiums-hat he neglected TO do so-that
he afterwards called at the office than once and
that he was there notified verbally and afterwards by
letter that the policies were cancelled To meet this
acknowledged the policies az open until after the great
fire.
Adjourned to this morning.
For plaintiff Messrs. Lord and Cutting For defend
ants. Messrs Sanford and Taylor
Vm. H. Howiand snd Nathan CaseeH u.s. The Croion
Insurance Company-This was an action poll
cies OF insurance made by the defendants the ship
Ceylon and her freight, on voyage from Newport in
with cargo of railroad ron sailed from Wales the
l2h ofFebruary last and ON the 10Th of February when
a violent storm which continued for a number Of laws
during which time OF the iron in the hold OF the
ship and between the decks got adrift The storm
nuing the vessel became much disabled and tho
crew their endeavors to her compelled to
throw overheard parts Of the cargo On the 4h Of March
the vessel in sucha disabled and sinking condition
that the captain and compelled take the
long boat and dred at the stern of the ship until the
bottom. The captain and finally reached Havana.
This action brought to recover for the loss of the
vessel and freight The jury rendered verdict for the
plaintiff for $751; 54 %.
Rowland and Chase for plaintiffs John Sherwood for
defenpants
Before Judge Vanderpoel
VIM Me Cune, BY his nert friend Plaintiff in rror
Talentne Kirby.-This was q case certiorared from
the Marine Court 1t appeared from the statement of
plaintiffs counsel that his client McCune in the latter
part of S45, took store in Greenwich street from the
defendant Kirby, for year that after having
pied for about three months he found he could not
keep and called Mr. Kirby, and told him of his 81.
tuaon and requested him to take it off his hands offer
ing pay him all the rent up to that time. Kirby
fused and McCune occupied for time longer and
again requested Kirby to take the store off his hands,
and left the key with him. Kirby refused, and after
wards brought action in the Marine Court FOR the Fe
bruary quarter, and obtained judgment. certiorar
then issued and the removed to this court
| the ground of the homage OF McCune.
Mr.. II. HOLDEN for MIR. Kirby, objected inasmuch as
| the question OF infancy not raised below.
| Mrs SARAH MURPHY then proved that McCune would
not be II years of age until the l4th of October next
Mr.. HOLDEN summed up on the part OF the defence,
ans the
CouRr told the jury that if they believed The evidence
of Mrs Murphy, they should find for plaintiff in
Verdict accordingly. and judgment reversed.
For plaintiff, MIR. q. w. Stevens for defendant, Mr.
H. Holden.
Richard NJ Clarke Us. Susan a. Day.-Ths is an &C
ton a draft for S927. The defence is forgery The
case is adjourned to this morning.