The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-01-09

Before Chief Justice Jones.
JAN.s-Joseph Blunt Allan Hay.-The Court SUP
hitherto reported in the Herald aud when
has occupied the attention Court for the last two
two days His Honor the Chief Justice first commented
upon the privileges Of the andhoder, and SAID ~ was
property had perfect right to appropriate his estate to
any lawful and leg Ultimate purpose and at the same stat.
ed that another important maxim was that the rights OF
his neighbour should be respected and that there
FORE IL Il made clear in evidence that nuisance
existed in any popuous portion OF the city came at
dered himself liable for damages sustained by ndivdu
ais a community. This was brought as civil SUIT,
and the plaintiff alleges that ne suffered py aeprsc
planned Of The defence maintain THAI TINS
corner OF First and Second street, had been spe
that the paip was aware Of the existence Of this state
of things the time he effected the purchase OF this iden
tcal property njuriously affected by Of
the defendants business The Court thought this posi-
ton rather untenablehnt in city like ours, where the
march Of improvement was continually progressive '
time to time the circumstances OF the case should make
necessary He briefly advered to the testimony which
had been presented and confded the whole matter en-
ey the consideration Of the jury who could not
be satisfied TO the amount Of damages the piantn had
sustained in this nuisance herein express
After the Chief Justice had concluded his charge,
w. Gerard ESQ., arose and wished his Honor 70 charge
the Jury upon particular point the Court, how
ever said they had listened with patience to the argu
of the counsel either side and he therefore, pc.
remptory refused to listen to any further suggestions
The jury returned verdict Of six cents damages and
cents costs.
Smith Gutter vs. N. H. Wofe.-This is an action
brought for the recovery Of the amount OF certicate
Of depose found to be in the possession Of the
lowing circumstances " appears that the plaintiff in
this suit appointed assignee OF John Laverty
John L. NJ Cutter and Smith Cutter Jr Comprising the
firm Of Laverty. Cutter Co who failed in business
doing heavy dry goods jobbng trsde) in the year
1897 1t also appears that the members OF this firm con-
tnued to act in the capacity Of clerks or assistants IN
the settlement of their outstanding affairs for about one
year and during this period received cerncate o. de
post from house in Mobile in the amount OF 81 2s5
which, the plaintiff alleges, was handed TO the de-
PENDANT for purposes of discounts but that instead Of
handing the proceeds he applied them to the credit
Of his ernlaw, John L. M. Cutter, and has since
refused to account in any way for the alleged malap
preparation Of this money. The defence contend that
this matter fully understood by the active members
avails of this certificate. To be resumed tomorrow
Before Judge Oakley.
| Keller & Damn Us. William Jones, Sheriff Of tn
| City and County Of New York-This 10 an action O.
trover. appears that Thomas Harris kept hat store
at SO Grand street. and that the Sheriff he defendant In
this suO made levy upon his stock in radeon the 3ls
| of July, I6a5 by virtue of execution upon judg
ment debt Of $780, and sold him out at SheIifs sale;
the entire proceeds Of which amounted to $54
The plaintiffs contend that they the owners Of
this property and that they supplied this Harris with
hats caps &C. to sell their account and that he wss
entitled only to commission for actual sales made by
him. They therefore bring this suit for the recovery Of
$751; the amount Of property consigned by them to
Harris for which he had rendered no returns The de-
fence insists that these goods attached by the Sheriff
were actual and bona fde and that they made
/ some 10 or IL days after the levy and sale.
l Sealed verdict to-mOrJ morning.