The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-02-27
Common Pleas.

caugat in the act ofsteang pair Of Boots from Thomas
Kerr; locked up
Common Pleas.
Before Judge Ingrahsm.
FEB 26.-Georxe Smith vs. The Mayor, aldermen and
C0mmonaity IF iAe City Of Nev York.- This was
ton Of assumpsit. brought by the plaintiff who
sequence Of the alleged defective Isgistion Of that
body. II appeared that the plaintiff employed to
ci regulating Ills compensation al cent and tire. quar-
ters for each night per lamp The and
Lamp and Gas COMMITTEES. subsequently, without any
compensation Of the lamp lighters to cent and half
and the action was for recovery Of the difference This
the Court charged the jury they had no right to do and
that the plaintiff was entitled to recover Verdict for
There are forty four similar suits in which the same
question arises, and in which doubt there will be
For pisiniia Mr. Carpenter For defendant, the Cor
Before Judge Daily.
Edoard ". Pembevton vs. Ros,Den Dickinson Gnd Hen
back large quantity goods consisting Of fancy
buttons, &C., valued at about $500 The note OF man
va. s ana Ss ss
broke and closed their store whereupon the plaintiff
issued writ of replevin and took back the goods The
is brought to test the rights OF the parties
After the examination OF one witness, the Court ad
jonrned
McCoun and Clark for plaintiff; Bidwell and Ray
EAiou vs. Hon = Horn.-This cause which was com;
msnced yesterday was refsrred-i having been found
to involve q question of account.
Before Judge Ipgraham.
Jaques w. Jones The motion for non suit made in
this cause on Wednesday, was granted.
Before Judge DAILY.
John Me Cabs John B. King - This action to
damages for alleged assault and battery The
defendant lives in Wie street. and the plaintiff resides
in Sheriff street, ut the corner Of alley The defend
which sSss eS These prem
with the street by alley which il common to the
ties. On the evening Of the nth August last the Do
PENDANT usual put up his cart in The alley, and was
embarrassing his horse, when dispute bet ~een
himself and the plaintiff who alleged that King assaulted
For the defence, it sought to be shown that while
King was embarrassing his horse, NlcCabe came and
moved his cart Defendant remonstratsd with him, and
For plaintia Mr.. Major; for defendant. Mr. MULCH.
Superior Court.
Before Judge Oakley.
FEB 2e.--JoAn A. PeorsalI vs.. C L. Ingersou-This
action for SANDER. The parties rival boat
hs habit
each boasting his own superior skill and ridculing
that Of his neighbor. The consequence of this was
great irritation and i'll feeling between them.
n,Ths specific slanderous declarations which this
action was brought were made verbally BY the defend
times that Peaisa was nsovent that he had fssd and
that he would not a pay cent Of his debts. &c.
soil humbug and that this had provoked defendant
to the utterance Of the alleged Islander.
Per Curian-Ths defendant cannot legally justify
tiff And even to mitigate damages it 10 incumbent on
him prove that he uttered the SANDER under the
ctement Of abuse from the plaintiff, immediately pre-.
ceding it.
After the jury had been charged, the court
cleared Verdict will be given in to.morrow's Herald.
For plaintiff, White and Thorn for defendant, Blunt
Before Judge vanderpoel.
Stephen Smith vs. Russs! H. Post This was an &C.
ton for malicious prosecution and false imprisonment
Damages laid at So. 600.
The testimony showed that the defendant in this
Captain of the ship Elisha Dennison, her voyage
last summer from Mobile to Havre and the plaintiff
seaman under his command Daring that voyage the
officers and crew quareled and on one occasion some
Of the Sailors (Smin, the plain it, among hsm) attempt
cd to get the poop deck in violation OF express
commands. They threatened to kill the officers, and
Smith brandished knife but finally the characterization
subsIed. Capt Post demanded OF Smith that he should
the ship Smith replied he would do different from
what he had done" Thereupon the defendant had him
tied and logged until he made the required promise
From Havre ship sailed to this port and here the
assault and battery &c. The Captain them in retala
ton had four of them arrested the charge Of muDy
and imprisoned. The grand jury ignored the bills
against Smith and two of the others and after lying o5
days in Jail, Smith was released.
Judge Vanderpoel charged the jury that they must
find only that the plaintiff had been prosecuted
without probable cause but they must also nd that the
defendant had been acuated by malicious motives, be-
fore they could render verdict sustaining this action
1t had also been wisely ordained by the law that malice
could not be inferred from want Of probable cause but
must be distinctly proved
Verdict tomorrow. Nash and Manchester for plain.
tiff F.B. Cutting for defendant
Marine Court.
Before Judge smith.
MaheV Boyd rs JIiius Dessoir. This was an action
of assum ps guantum merif brought by journey lyman
cabinet maker, against his employer for certain Work