The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-02-17
Circuit Courts

Before Judge Edmonds.
Charles r. Wemore ct al.This was an action on a bill
Of exchange purportng to DO drawn at Pittsburgh by
dat, the LIST OF October 1885 payable three years after
date, to the order of Hussy for $6O50 1t was after
wards passed. with other securities to the firm Of Pear
Co.. for their interest in certain patent right tor
machinery, for making iron spikes, Sc There were
two defences nterposed-hrs the statute Of limitations
ast the art e %
Pttsburgh and that the bill in question drawn by
partner without the knowledge Of the other and APP
some evidence afterwards given, that Mr. Wetmore
either present at the sale of the patent right,
that he afterwards recognised it. Upon the other branch
Of the defence, long argument bad between
counsel on both sides, and plaintiffs counsel driven
to give evidence Of subsequent promise was final
y sent to the jury the simple question Of fact, whe
Their Mr. Wetmore present at the time OF the trans
action between his partner and the firm Of Pearson Co
question raised the defendants counsel the law Of
the case to be decided by the Court in bank The jury
found verdict ior pIants i0r sslSS 90 FOR pls.n's
o. IA. Plat Us. William Spears.-Acton OF trover to
$30the value of the late Mr. butchers library
the proof Of conversion and value Verdict for plaintiff
$34l Plaintiff in person; for defendant Mr. o. sturte-
want.
John Bacon ps. Wm. II. Tovnsend-This was an &C.
ton for malicious prosecution The plaintiff in lS4l,
occupied iron yard in Front street. jointly with two
the yard and the Messrs Tisdale occupied the
other half The defendant il manufacturer of iron
the habit Of storing his iron with the Tisdaes he
he sent it to this city On the 18th Of December,
ls4 sixteen hundred weight Of iron sent to plain
tits part of the store cart. The plaintiff 1t
ed refused to receive it, having no knowledge Of
and according to his counses statement. went with
one Of the Tisdales to where Mr. Townsend then was
to make inquiries aboutit The latter charged him with
being receiver Of soaen goods end had him arrested
and held to bail such he also obtained search
rant and had his premises searched The plaintiff was
subsequently tried and acquitted and he now brings his
action to recover damages The chief Of police and
xui&po md tho rfndin
cd. For plaintiff, Mr.. Dresser; for defendant, Mr.
Grsig.
DEcrsIoNs. Robert '.4nderson vs.. John g. Tread.
speare Hotel leased to defendants for the of Knick
erbocksr Lodge of Odd Fellows The plaintiffs title
to the s1yDg been sold on h the o. % Oh
chaser on that sale Held that an action would not
be in his name for rent which accrued after the SALE
JOAN G. Minturn u.s. Franei: B. Stryker Sheriff. Sc
Repevin for fire engines and other apparatus used in
served was what is levy by Sheriff Held, that it
must BIO palpable open seizure Of property, such az
would render the sheriff liable in trespass, If not pro-
tected by his execution. Judgment for plaintiff
Thomas Phsnis james Romer- Action for an ator-
neys bill, in suit in which the defendant was party
and the plaintiff was his attorney They succeeded,
and the defendant released the other side from the
without the attorneys consent Held that that made
cd; costs to abide the event.
JONES .s,nslie and wife ss. City Of N,,o YorkTres.
pass for profits. The plaintiffs, in action Of
eectment against defendants tenants recovered certain
premises at the ferry in williamsburg those defen-
dants had notice of and defended the suit Held that
they liable this action for the profits and
that proper measure Of damages the rent which
they had received for the premises to the time when
judgment was rendered Judgment for plaintiff, for
5000 81.
In the matter Of the VIII Of John King-Appeal from
the Surrogate OF New York-Moon to dismiss the ap-
peal on Of nformalty in the appeal bond sus
pended to afford the parties opportunity to move for
leave to amend
abrohas, H. Coon ads John De Seduction, tried
AZ fha In Re- n
m eantme the to be resettled
Orrin Thompson, u.s. Nathan p. Observation-Disclosures to
quash a common law cerorari, and denied for want OF
jurisdiction, Of the parties not residing within the
county.