New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-12-24
I.nW Eourfa.

Ccr-RT OF COMMON PiEAs-Bcfore Judge t!snoeHer-
Gerard Hc,,Eias vs Grcus 7. c. KuTbail and Joar E
pog1.-Pleq Of U.urs 5c--The plaintiff keeps IN Fer
rvs, The defendants have shoe store al IUi bIoso
way The action is TO recorcr the amount OF encca
for 500 The defenceis nsury and also tnat MI rim
ball is not liable the check was gwen oy MI Rogers
without his know ledge and not for the pu
poses the firm The usur? Is said TO consist IN sTins
country money for the check which was dated IL oay
ahead payable N city money. The check was casneo
for M James Scary dealer WHO stated that ne got
the check from Mr. r. individually and that NJ + lent
him several checks which ne cot cashed oy taxing IN
current money for the cheeks the latter daed Ie"
days ahead
For plaintiff was denied tina; there any Csury
or anything approaching 10 il, brother OF Ny hop
kns testified that ne was present when TINS checH WAS
cashcd for Mr. ". that the p!arif gave MS o" cnccH
for il for S7 and the balance in bills from the drawer
Mr Neary in being recalled denied that this was the
case and said that different transacuon-so taa;
tho testimony OF the two in conflict
he Court charged-Ist That II the Jury bcicvea
the check TO have been given for other thar the hrul pr
poses and Mr. kimbal disscntcd TO IL nc is not liable
unless Mr. Hopkins paid Tor II substantial consdefa
,ion in which mis- equities take precedence oil those
Of the dissenting partner
Q Tho lending of country money on check ia not
necessarily usuryt must be shown that the party &C
tuay paid more than per cent for the loan: that
country money for the general purposes oil lie sucn AZ
markeiin. &c. equally good city money as Is
taken for the same value The parties must tnoW I'D
intention to avoid the usury law.
g. That the Jury must decide between the testimony
OF MI Eeary and that Of Nj Hopkins II they believe
the latter then there usury in the case They
take the whole OF the circumstances into consid
Grafton.
The Jury after being cut some time, could not agree,
and discharged They stood il said II for plain
tiff and for de.endaufor plaintiff. Mcssrs BeiknHp
and Cowlcs tor defendant, HcssTs. -. White and o.
H. plstt-
Before Judge ngrsham-.fwasd s }c,t@ vs. KaT5al
4 Poggs MIR. l. is broker lie bring 'utagans tho
parties the above 10 Die signed by
h and R. for s2li 81 SIR. Foster also csshed check
of H. & r. ior Mr. Eeary and, wc believe, endorsed hy
him. which check X. & r. exchanged Tor 'he present
Tho defence Is the same as that in the case oil i
Hopkins taking country money for CHECK payable
ahead and without knowledge OF Mir r. In this case,
however it s said the note was regularly entered IN the
bilbook OF r.. Il r. and that Mr h had an opportunity
of seeing H. To be- continued this iorenoon-tOr pAln
tih Mr.. Iomnson and Mr. Gridcy, for dcid'' Messfs
White and FlHli
SUPERIOR CorRr-Bcorc Judge Jones.-tiotrade
.yeiis vs. Joseph BrGdleu-Mr. 3. sold To Mr. ssac a
Birgs for Mrs n co3 Washington st. quantity Of
peting &c for which he took SIR. Rrices4 draft on the
onondsss Bank Syracuse. al months SoOn after the
property delivered MT Bgss failed in business Is
said and Mr. Bradley rcplerincd and sold the articles
Action Of Trovcr is brought 10 recover the amount
For defence fraud WAS alleged in the original purchase
which in order to shorten the n.s' admitted ny
counsel for plaintiff but Mr.. B. did tender back the
draft before making the rcplevin *n;en Is commended
was fatal Verdict for plaintiff $40 IS, subject to the
opinion OF the Court-For plaintiff Mr.. Blunt for de-
lendsn; Messrs Loren. Wood and II. NJ. Western.
An action was tried before Chioi Justice Jones in
which the Receiver OF the CIoon Insurance Company
sought to recover OF James Crookshanks note oil
5000 given as stock note. The defence was want
OF consideration Verdict for plaintiff. subject 10 the
opinion OF the CouIt-For plaintiff Mr.. Taylor for de
PENDANT Messrs Sherwood. Bidwe and Benton.
fleurv Eresson vs. ,r1mo. MfIreH-Mr. +. held mort
gage given by JOS 7 Crowe and John l.. oSnIliv ar.
on printing press similar to Adams press which hsd
been used in the job Office OF tho Morning News. Mr..
~ machinisi in the Bowery, who originally made the
press and had in his shop alter and repair refused
to give il up the mortgage, asserting lien upon II
for repairs &c Mr. L. repleyined and action is brought
TO test the question TO DC continued this forenoon
For plaintiff Messrs. II Cram and A. Green. For de
tendaut Mr. De Mott and Mr.. Blunt
Before Judge Vanderpoel.-P. 4. q 4. Lk'nontc0 vs.
Corporation of Ntir York.-Acion for damages from in
Jury sustained by the Beaver 81 vault OF plaintiff being
forced in Sc 4 nonsuit asked for and granted on
the ground that the Corporation having employed q
compe,cn, person to build the sewer, ne and not the
Corporation is liable.
MAYORS OrFlcE.-wm. u. Davis. of Rhode Island
complained OF Win Rollins Of coach No 90. who, he
said charged and compelled him to pay 80 conts fer
driving him from the steamboat to the New England
House adjoining Trinity Church. The Mayor hned MI
z go
The Superintendent of Hacks complained OF Rey-
nolds Wcsr that their omnibus No 81 and an onni-
bus OF j. l. Palmer, racing up Broadway on re
evening of the 2ls inst Messrs. l. w were hnsd so