The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-01-04
Common Pleas.
E.l1 n-l


an action Of brought for the recovery Of
ns note s
Ohio and the defendant sent to his agent It was paid
into his hands Avsrdct rendered for the plaintiff for
the full amount and the defendant moved to set the
not sustain the declarations and secondly that ii
shown there any priority between Lake and defen
dant.
CouRr-we are Of opinion that the defendant was
bound to show that payment ofthe note not made to
his agent or at all events, how the nte was obtained
MIN, and in the absence ofsuch testimony the pre-
sumption is that his agent received the proceeds Of the
note tor his account. Verdict confirmed with costs.
Lester and Others ads Case others-The action in
this case was brought on a writ of error bond The de-
fndant applied Judge in Chamber for an order to sty
proceedings. The motion was denied, and an appeal
taken to full court Appeal dismissed with costs
(s7)
Cumming ct al Caughey.-This suit was brought to
entered into by plaintiff with defendant, miller to
superintend the erection of mill The defendant kept
The defence rested mainly on plaintiff incompetency
verdict for S2l2 Al rendered for plaintiff. Deen
dant moved for new trial. on the ground OF misdirec
tion and that the verdict against the weight Of the
The Court directed that $50 should be deducted from
the verdict and plaintiff did not consent trial to
be granted costs to abide the event.
Rice Pan-This was an appeal from the taxation Of
costs The defendant obtaineda verdict and his bill Of
costs charged S paid TOT witness who resided at
Seneca Falls for his attendance in this city which was
al % S the Judge on FROM ns bs sSa
witness left his home to be witness here and attended
the court he entitled to his fees They appear to have
been paid and think they should be confirmed Taxa
ton confirmed.
Wes ads Pan War..-This was an action under the
mechanics lien law for $3.50 The plaintiff furnished
materials for man named Garrison, who contracted to
erec buildings for defendant in 3rd street Tho plain
isas On II. as October iss one Dennis also served
lien defendant for $495 the sosh October, ieas,
Garrison gave written notice to defendant of his aban
donment Of the contract being unable 20 and au
thorzng the dee ndant finish the work and to deduct
the expense from what might be coming to Garrison
Dennis proved defendants admission Of owing Garrison
from nina to ten hundred dollars On 25h October $685.
defendant completed the buildings and proved there
extra work done on them ~ Garrison before ne quilted
moves to set aside and for new trialon the ground
that the evidence established that extra work was
by the defendant to be due to him without including the
prior lien of Dennis and the expense by defendant Of
New trial granted costs 70 abide the event
Nusbann ads Hushss-This was an action for goods
sold and delivered and was referred . a1oaon as
aside the report on the ground that contrary to evil
dence The court was Of opinion that il would be i'm
violated rule of law evidence the hearing, ald
his decision Is consistent with evidence. Report con.
frmed, with costs.
.srm.nt ads Isisy-Action for work and labor. Yer
dict for plaintiff Defendant took exceptions which
argued on the 2o.h of December last Verdict CONFIRM
Lssry ads Tsfus.-This was demurrer Especial and
GENERALLY to a declaration; Tho main grounds were,
his declaration according TO their legal meaning and
effect
CouRr-The narrator ought to have stated the agree
mont covenant according to its legal effect and not in
this uncertain manner matter Of construction evil
dence may construe the writing according to it's
INTENT but matter Of pleading, II must be properly
forth a. the defendants covenant.
Shsrman It, al ads the People rel Watscerfh This
action upon ocial bond, ct the relation of the
Clerk of the Court Of Chanceiy. The defendants do
not deny the receipt Of the money but claim to be
exonerated by the act Of the clerk in receiving
raodum check with note attached to H. requesting that
II should not be presented The clerk gave receipt
the amount The check and note after ards re-
turned not paid The Judge who tried the case told the
jury that they believed the money not paid the
defendants liable and tho jury ought to find for
plaintiff to which tho latter excepted.
CouRr-We are Of opinion that the Judge was light
and tht the clerk had authority to do any act that
would discharge the defendants and even he had such
power the taking Of check and giving receipt would
not have the effect Of dischsrging their liability without
evidence that they had been injured by such acts Yer
dict confirmed, with costs.
Carpenter ads. SmiM.-New trial granted, costs to
abide the event.
SANFORD ads Eisporih-Verdict confirmed, with costs
The Peopls er. rel .andrsw DspeU IsvseI Scnask-
Judgment for defendant first plea and for painn on
he may give noceof Defence fne on pay ment
Of costs and plaintiff may withdraw demurrer 70 hrst
plea, on payment Of costs
The court will set again on FRIDAY ana SATURDAY nex
70 hear law arguments