The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-02-03
Court or Common Pleas.
Before Judge InGraham.


FrB 2-TSe Greet Fire in July Isst.-Henry Diron
Richard $. Bufierfsid 81 a-This action brought
great Are The plaintiff is an importer residing in Plat
street and the defendants are commission merchants
ny as place to tho fire Of
tiff, through broker named Tempest sent goods con-
sisting OF broadclo;hs cassmsres &C. to the defend
ants store to be sold commission. The of the
agreement that the defendants should receive
pei cent commission the amount Of sales which
to cover all charges including insurance. carriage
age. &C. The goods remained in tie defendants store,
unsOld, until July. and were burned by the fire
The plaintiff called defendants afterwards asked for
an account Of the goods and for the first time in
formedhoy not insured hat they. the defendants,
had Instructions insure them, and bound
DO So The plaintiff alleges that was expressly pro-
Of that the defe were bound accord
ns TO the usage and custom Of the trade to do the
moment they received them into their store The
ton therefore between the parties is whether the de-
PENDANTS were bound to insure not Defendants insist
they were not bound BY the contract (Which was YER
BALI and they further insist that there is such custom
laid on the cloth, too high which the reason
they were not sold long previous to the hre The cause
| stands I'd journed TO this morning.
McCoun Clerke for plainuf. Messrs. Lord & Mar.
| Before Judge Uishoeffsr
Warrington NJ Thurman rs. Caleb H. Tompkins, i'm.
PENDANT an officer Of one Of the Ward Courts sp.
pearcd that judgment obtained in the sixteenth
Ward Court against William NJ. Thurman and exc
cution issued on the judgment, inserting the Of
Washington NJ. Thurman instead Of William NJ, ani
defendant LEVIED on plaintiffs goods, consisting of china
ware and Perfnmery Tho plaintiff issued writ Of
was whether the plaintiff is prooessd-ihs execution
appearing the face OF il 10 Sc right or the defence
was insisted that the duty Of the officer
see whether the Judgment was right not; the
ton was his authority and he not bound to be-
hind IT, To thi. it replied that Tompkins cog
infant Of the error in the judgment, know plaintiff
for aas tho levy was AM was IN
Inc Court charged that the defendant might replevy
h properly from any third person, provided there
n r nni inn. and khorA
M Thurmsn AND in nnn a s APE
against Washington NJ Thurman and the Judgment
completed against him. and the execution appearinc
ected; and il the Jury under the evidence think that
plaintiff was the man against whom the Judgment was
then they ought find 70, Verdict
For plaintiff Mr.. Brewster; for defendant Mr. Tom.
linson.
piano forte It appeared the defendants walked into
ed out Of the PLAINTIFF the piano in question: and
sent it to fRing Terry's music store Plaintiffs are
shall who resided in the Bowsry, and kept boarding
house 1t further appeared that the defendants levied
On the piano, while in the possession Of Mrs. Marshs
for rent; and she the meantime II home plain
tina the defendants followed and again levied on one
which, Is alleged, was not that hired to Mrs Marshall
Tho plaintiffs in four or five days Afterwards traced
tn Ring Terrys, and had repleyined. There we're
several defsncss set up the principle Of Which was that
the piano. being in custody Of the law, the plaintiffs
took oat Of the defendants possession without any
| ling A.
rerry they issued The writ Of feplsvin The case is
adjourned to this morning.
Brady.
Case Of George Potter.-Mr Warner, Potera counsel,
returned from Albany Saturday and obtained writ
OF ha6eas corpus to remove the into the Chancel
counsel on both sides avoid the and
ence Of going to Albany to argue the question before
Judge Edmonds in capacity OF Supreme Court Commits.
sioner, and have argued before him in Chamber The
| .----.-- -.
r. ~. .SuPeror court.
FED 2-Ihe important insurance cases OF John p
GARCIA W.. The Jackson and New York Marine Insu
C0mpsn,es waicn nave oesn pending Tor several
stance Of the undsrw!iters until Wednesday the nth
nsna me amount invoivsa u large. Inc points Of
having onv ANA .as n% "a
Jerk beef !, an sIcl: peT . in is own nature al
scn.saasn,lX, !ss. d.ass. rom .ss vsis. can g.
,h s,mea l0r from ,ne insurer II ndsrstood that
1 sesssl nossV IcunosIed ana mst inc cargo was 30
usay .nat nad 20 % sola ~ tnc advice and
Tue TectIon o. .ne sgent Ior tue insurers AZ hio
who arc or have been in the srE bssf trade
I;er SueuSg Dsniei Iord ana Jonn y rorroy ior
fszdan.s.
80, before iuil bencn.
reg ;;suEDsstnens-his nonortne Chief justice gave
inc p .o!o~lng decisions Yesterday:
Denl. 1ymaro s samuel tefheyesdin this case, which
Bill Of co:t. mnt S hv ~ arn sso one
S.:H with To
sis r, nouSe r ~ I - n. d. o.,
cor. "a Nh, - p'ss -. ~ mi csso the
rsctaa Wal " 1''eo'o'S A"''oe ~AS"eo' s"a " ~
| 49, rk s,. ID p,r. :. =, 1y,..
saa sS;s whch s. ,os;om roads - Ionor
m%.t he ~ron,sd ~ ,o anss ~ . S. h,
20 ;ssn ;a "a t.S Ps -. az 49, 60 suDseIuen'
this motion be- ordsred. 'A'' y 'o''' 'o' oppo'"s
| y. p, - 0i'1 Du =
was directed 70 ;ssus hat addonai tsmonw av ha
Furnished. $500 'NN-'A- '''.0"' '"a' W
n,sint;f wos w;,hSa "a 80. a vo !. s I ~
fendant - '-'a v S0''' a"''Ae1 " INC "0'
T- 49,, ,,,.,uA ,,.
,.rm;,,sd y, - ;,Sar III, n ~ anS H.
pputs " % ""uuis~"' Win ~ cos'S 70 the oeieno-
| M ~ p,,,x.. ~,
was 49, e. .;y ~. g. -. a.s osse mo.'on
| c.r.a r,e. Ssr.I A' ou' ioi "~A' " suinoien'
| 49,. ry.sc.,,, 90 r. U,,:-rn
t,on - ~ hn ~. $1,000 . o. e. M, mo-
ord.r .hat -. aJ.;nraI , ~ nw ~
ss .o"o sooaaons' 'cs1A"ony mBn' uo introoucoo