New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-06-09
Law Courts,

COURT FOR THE CORRECTION ERRoRs.-Daniel
Dodge, plt IN error vs.. William Bush, dfd in
Action OF trespass from Norwich, Chenango Co.. where
Common Pleas reversed the verdict of The justice and
the decision sustained By The Supreme Court Ano
Their appeal is made. Decision postponed
Staples & Ford plSs in error, VS.. Dykens Alstyne
detds in erTe--Messrs D. s. A. received from s i +.
10 $780, TWO drafts of S259 - and S25s 80 J. NJ Hall
s. Co., New Orleans. for collection. At the time ex.
pirlng fer the first be heard FROM they advanced the
money on it, with the understanding that the money
should be refunded il the draft not paid. They
also loaned them S225 the second draft The drafts
not paid t, New Orleans, the aeen, Of D. & A hay
ing taken endorsed insead ef protesting, which
was not met. Action brought.
The witness on behalf Old A., related that they Of
advance money drafts relying on the honor Of the
persons TO return the money II things straight
The defence that the 5. s. F. did not ratiiy the
taking of the note ard that the drafts were not offered
back Till after suit. The uriealiy tried In the
Common Pleas The jury considered from the testimo
n.y. that they had ratified. and found for D. 5 and the
Court disaowed the law point which decisionr AZ
med by the Supreme Court and farther appeal made
TO this Court Messrs Slosson s. Scbell appeared for
plaintiff in and Messrs Gerard & Plat for D. A.
SUPERIOR CouRr-Befo-e Chief Justice Jones-Wm
Rushp0rts Daniel Enn5ry-Action against the late
Cashier OF the Long leland Bank recover damages for
malicious prosecution, caused by Mr. r. being indicted
and arrested charge Of stealing $1,000 BILL said 10
have been taken from the porter OF the Bank with other
money, year before, already referred TO- This case
WAS given the Jury Saturday. The Chief Justice
in bis charge said in order sustain the the plain
tiff show lst want Of probable cause, and, I'd,
the existence Of malice As 10 the facts there was rea
SON TO suppose this bill have been OF those stolen
from the porter. Mr. 4 has not shown on the trial how
he obtained II. When he passed the bill here ne got
gentleman named Shaw deposit it in his SHAW
name On the other hand It is said Mr. r. could prove
,hs, ne himself in Philadelphia on the day the
money taken from the porter here II the proceed
iugs Of Mr. E. were without justiha5le cause verdict
must be given for plaintiff, otherwise for defendant
Sealed verdict this forenoon.
Before Judge Oakey.-Jdmes Farrell vs. Robert Nc
Cerren, K. pIens ard J. Doaneuy.-The plaintiff, sea
man Of the ship Kalamazoo brings action for assault and
battery against the Captain sud Mates. The charge is
that the goth November lSi5 while the vessel was
of the mouth of the Mississippi the Captain and Mates
went into the orecaste hauled the plaintiff out OF bis
bunk drew him deck. and the Captain beat him over
the neck and shoulders with small stick OF nre wood
Verdict for plaintiff $50 which covers costs.
For plaintiff, Mr. Bebee; for defendant, Mr. J. w.
Martin.
CouRr OF CoxhoS PLEAs-Before Judges Clshoefer
Ingrahsm and aly.-DEcIsIoSs.-Ai<. NeCrnm VS..
Francs Es,cen-Action against the defendant who has
beds;eai factory OF Beecker and Mercer SIS io
wages Report OF referees SCI aside on payment Of
costs.
In the matter of he a.achmen! G9oins. The rec! ana pr
soadi or Robert r. OS90od concealed or 6oSt
dc6or-Mr. 0sgood denies that he was concealed or &o
sent The Court said The defendant mad lett MS residence
AZ KINGSTON and came here hereabous. When debtor
takes such he should call upon his creditors and
let them know where he 10 ee found Petition to re-
move attachment denied.
Joseph Costing RoIerIct Sed9tck-Eeport OF referees
set aside costs abide The event.
Robert Cunningham Aler. BrIon. implicated 'r'o.
Patrick Rorey-Acou for assault and battery. Appeal
denied, with costs &C.
Cipssps s Wet vs. YIN. Z. Raiahard, e sl-ye,tict
confirmed. with costs.
Before Judge ulshsefer-0rigiH 4. Kia9sey vs. John
v Segby Ct al-Tne plaintiff was engaged in Sept as
salesman at defendants store in Broadway continue
till March and 10 receive in compensation per cent on
lis Three per cent had been PAID htU but The
balance held back surety for The funent OF his en-
Sasemen He brings action 10 receive the one PEI cent
January when be quit question arose whether his
leaving his choice. whether he had been ds-
charged The jury considered the latter. verdict ioE
plaintiff. SIS 10. For plaintiff Messrs Norton Bracket
and Pitkns For defendant Mess-s. y. B. Blunt and e.
A. Shufritt