The New York herald., 1846-03-03

Superior Court.
MARCH 2.-This being the commencement OF the
March term, the morning hour occupied In the en-
panneling Of jury hearing motions-ons OF which
tanned against Geo. W. Hes Esa IL favor Of obadiah
H. Platt Esq Goth gentlemen Of the legal prefsssiono
and in which Niles failed to appear in conssquence
saturday night to Monday mornng) substituting l75
for ia and relied chiefly upon his having himself
erred to the calendar for the February and quoted
the Herald Courier and Enquirer and the SUM- for the
26th February In support Of his position His honor the
Chief Justice admitted the correctness Of
inte lgence thus afforded and, at the same time stated
that this cause was set down no. the calendar by
direction Of tho court. probably on Monday morning.
refer to the calendar from time to tme to avoid the pos
sbiity Of any mistakes which might arise. The court
however, took the matter into farther confederation
His honor, the Chief Justice also stated that he had
tended to have given two three decisions this
ing, but he should defer them until Monday next
Before Judge Oakley.
Charles Oakley vs.. HeDlsnS 4 .aspinwaH = How.
land x Aspinwall are merely the nominal defen-
sso: ssoa e s; S s1 1sss S. hs s:s
fsndsnt il this action and resident Of Trinidad
De Cuba. Charles Oakley, formerly distinguished
business, as he supposed. with an ample fortune.
Subsequent to this period, however, he entered
Baker. above alluded to. and one John Young, Of
Vera Cruz and who were associated together in the
commission business. Young was an adventurer
abroad, and engaged as clerk in highly reputable
house in Vera Cruz after which period and in 1897 he
went into business his account, assisted by Ba-
at Trinidad-hsvns very large sugar estate. worked
by 800 slaves He is also made to appear Spanish
D3 full Of ,ss
stood here that Baker associated with Young in a
large commission trade, they obtained an unlimited
ship Marmion, iuli cargo consigned to their house,
part Of which disposed Of at the me and the remain
der was left in their hands to the credit Of Mr. Oakley
Another cargo then made up and sent out in the
same ship, Mr. Frisar going in her supercargo This
ship was sszed in consequences Of short ha
uiu odo NJ Of
FORE conscated, and her cargo sold tor SIC 900,
which retained by this firm. Mr.. Oakley some
high reputation Of Baker who was universally acknow-
legged as q man Of immense wealth. and in hopes of O
fun return Of outstanding demand. and the ship having
been released through the magseral influence Of Ba
ker, he sent her out again. from which he received
retsrn: Having the best Of promises from time to time
the ship "UniOD.S with still another cargo. Al
S n an agent , was to 'S
without the advice and CONSENT Baker % who mn %ao in
ter This distinguished Anancer finally obtained full
possession Of all the assets Of the concern under tho
was no way int Interested as party beyond the a.sump
ton that he was the largest creditor of the estate
Young thersupon suspended business, and driven
from the island a. bankrupt and arrived here in e44
ker in the Of $4,000. Upon this judgment an
understood, Msssrs Mowiand Aspinwail relieved.
regular commission was allowed and sent out to Trin
dad but nothing beyond deduction of 50 900, which
the plaintiffs acceded to- in the hope that the large
Notwithstanding every effort which human ingenuity
could devise has been put into practce nothing has
been obtained II 10 now brought into our courts
at the instance Of the creditors Of Oakley, who
bankrupt and in INDECENT circumstance and judgment
sought for against Baker partner in business with
Young at Trinidad de Cuba, at the time these transac
tions were entered into. This IL exceedingly mpor
tant case, and will in all probability occupy the atten
ton OF the court for three or four days.
Before Judge Vanderpoel
Chsrles a. Jackson John O. .aymar and Philip Ens-
bury Executors Of Percei Fooier deceased-Tkis
of assumpsit brought to the balance OF
notes and accounts contracted between these parties
This casa heing brought forward upon trial gran
td and having given extended report Of the In
the 1Ies presented we omit further recur-
to it until the verdict shall be returned by the u