New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-11
Law Courts..tD.fs,rss.,

JUDGES OaAleJ D-~l11OGs.- lcLVeW u
Tonne rs Georz. r. E!es-Modon to Sc, aside de
fault without costs en- the ground that the dsfendau,
looked az the Calendar the Saturday preceding the
hrst dav of the and saw his No 10 be ia The
Number did no, appear the Day Calendar when the
default was TAKEN the case having been altered on the
General Calendar in consequence Of another case be-
ing inserted twice 10 me neSt number The Court re-
marked that the inquestw not taken till nearly weeks
se- the counsel OF the defendant had SO looked AZ the
Calendar and he had had abundant opportunity during
the term OF knowing what the number OF his case real.
" was and should have informed himself Inquest set
aside on payment OF OF COSTS
linn pLrdv vs. Marx C0rneQ-Appicatiou in Cham.
beers to hold defendant to heavy bail for evyns upon
certain household furniture and also advertising shi
10 complainant for sale a, auction and so sell
ling her for S. The Judge al Chambers held in rela-
ton 10 the latter the defendant had done nothing
more than advertise and go through the form OF sen
without attempting 10 OBTAIN possession, the action OF
,respass could 10, lie. Appeal ia made. Appeal dis
missed
Newhouse on note OF Joshua CaEhart endorsed By de-
fan5ant On The trial me defence was that the signature
on the back was an endorsement and there had been
no notice plaintiff could not recover On the other side
it contepdsd that was out guaranty The Justice
gave Judgment for defendant There were one or two
minor points The Court held that the note was not
payable TO order be negotiable the the
back was |. guaranty and not 40 endorsement. Judg-
ment reversed
jackson G Laurence IS. Joseph PrcdIey-Appeal.-
The Justice erred in not postponng on the affidavit of
counsel in the touching the absence of witness
Judgment reversed. and cause rsmanded 10 Justices
Court for trial. with costs.
Richard ScieT liz Ferris IS. Martin ". Hooeu and
- WhHs-appeal-The nonsuii the previous trial
was not after the had been fully heard but
within the rule allowing suit again TO be brought Judg-
nent affirmed.
James ConuGy and Henry Eyre vs. James MolOck -Ap.
peal-Action By the master OF the ship Dophin from
Rio Janeiro in the Marine Court TO recover $50 prom
sed as bonus the Captain in the OF the cargo
$500 bags Coffee arriving cafe It appeared from the
testimony that 90 bags got wet from leak round the
mast and this Court does not consider such the ordina-
~ dangers Of the sea. Judgmensreversed-
Michael DouSherty VS.. Charles anderson. et Gl-Ap-
peal-Action in the Marine Court where damages
obtained against the OF the steamboat Jacob Bell
in a collision with vessel called thc SKINNER. Judg-
ment affirmed.
Henry ~ Herbsrtvs jacob Kerschsd;-Appeal-Ac
for work and labor in vanishing cabinet work &c the
defence 70 which was that the workman in vanishing
spilled so much AQUA FORTS the seats of the chairs
10 iniure them &C but special damage is mentioned
as set of Judgment affirmed
aaron c. Derbv vs. Geo. T. Eilio; aud John P. Wood-
sa,s and oiers-Action OF respass in which verdict
was obtained against several defendants including Mr..
Woodgate, the auctoueer, for selling furniture which
was sent to his auction distress warrant for
quarter for rent due on the next quarter although
cautioned after sufficient bad been sold to satisfy the
original levy do The Court held that where
property had been lawfully received By auctoneer for
sale ne could not be made joint party in repass for the
original taking although separate action might be
brought against him for selling wrongfuy after notice.
New trial denied il Mr.. Woodgate Is omitted from the
verdict, otherwise granted.
Jacob Cram rs. Th0s STANDARDIZATION of trespa5s,
&c 10 recover between $500 and 5000 given plaintiff
who had been ordered 10 purchase % shares Long Island
Railroad stock, and represented, IL Is said, that he mad
so purchased but turned out subsequently, that he had
not Action is brought; and demurrer nterposed Judg-
ment for plaintiff Oh demurrer with liberty 10 defend.
ant &c.
.4iOn:O Roekwei VS.. Alfred Riggs-Appeal from de.
c!siou in Chambers as TO the payment OF costs Appeal
dismissed.
CouRr or COMMON pLEAs-Beiore Judge DAY.
Cornelius Nugjsan The y. Y. Hi5erridn BeRtroteut
STANDARDIZATION to recover $50 for ten weeks allow
ance 50 per week. while the pnintf who was mem.
ber sick agreeably 10 the terms OF the By Laws AL
ready referred to. Mr. Whiting on behalf OF the Socs
ty stated that the Society would not offer any testimony
in defence. but the motion Of nDnsuit VIII tue
exceptions taken on its having been denied
The Court charged that members Of Benefit Societies.
Mutual Insurance Companies and such can bring action
for what is due them under the Constitution and By
Laws. Under the Laws OF THE Society party must
show that he sick thai ne gave notice OF such and
that his sickness caused by nteTperance or any
misconduct of his own and that he was in regular stand
ing. These peremptory from the Constitution
and Bylaws, but it Is not necessary Tor him 10
show that be exercised due In efforts 10 get well
that subject OF inquiry for the sick committee
6nd nothing has been said about IT, II is TO De presu
cd that the psint conormed 10 the bylaws In this re-
spect II such the the sick committee and
other bound give the certificate required
under the bylaws They had right TO exercise an
arbitrary power in Withholding the order for payment
The by laws ofthe Society the other hand say that
meDDer not paying MS uutS LuEet &c
suspended from the benefit of The sick list Tor three
months longer. They also provide that il member
does not pay his dues for ou- months he shall after no
tce being given him be expelled the Society In the
present instance the plaintiff sent by member OF the
Sick Comm !ttee dollar with which to pay up four
months Guss The Society could refuse 10 receive
this Il had been paid without the notice nor could the
Society refuse 10 receive the amount If paid within
reasonable time after notice. the very object OF no.
tce Is enable the party TO pay up and save his mem
bership 1t is evident however. in this case that the
plaintiff considered that he owed four months, from the
fact of mis- sending that amount. He would not be en-
titled 10 the benefits the Society therefore FOR three
months after the frat three Of this four aud on this rule
If the Jury consider from the testimony OF the phys
clans and others that he within the benefits OF
the bylaws that they must decide upon the case Ii
appears that the plaintiff sick (o an intermittent
fever from September to Christmas. II Will be
for the Jury TO deduct three months from The first three
months in which the plaintiff! failed TO pay up his dues
and give him 50 per week after that time Verdict for
plaintiff; Sl9
This being against Incorporation carries full costs
which will amount to II large sum. By statute and we
cannot but think bad rule actions cannot be brought
against an Incorporation understand in Justices
Court
Before Judge Ulshoetfer-Beers s. Bogdrt Pershine
& Bradv-The defendants purchased goods on time.
When the amount became due the firm its note for
farther time Previous expiration Of latter Nj Per
shine confessed Judgment on the note and the question
ia raised By his partner whether he could do so or not
The Court held that partner where the debt had be-
come due had right TO confess judgment Verdict
for plaintiff Z 423 20.