New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-03-12
Law Courts.rD.ferred'

CoURT OF COMMON PLEAs-Befor Judge Daiy-EG
Krk 4l5eyt SiarterdHs and Ddvd STANDARDIZATION
for Breach OF verbal agreement sell the plaintiff 50
North River Hay 30 per ton, 70 be paid for IN
coal 81 IS per The contract OF sale made il
March sst and nay aerwsrd rose in price being a. the
time Of the commencement o. this suit in October
y double Some OF the hay delivered AZ reduced
valuation IN consequence OF difficulty between the par.
ties the quality OF the article. The defendant de
ciined delivering any more Part ofthe coal was deiv'
eret ana the rest rendered 10 the defendant.
The defence that the agreement beng verbal was
void by the ofrsuGs and that the hay delivered
could not De regarded part performance so MS 10
take lie agreement OF the statute as Il differed rom
the conFsc, price. Iae paiat counsel insisted how
that the reduction Of valuation matter Of
10 consequence, provided the parties considered and
treated the delivery al the time as part performance OF
the orsina! contract, which question 20 be sub.
mitted 20 the Jury.
The Jury returned verdict for plaintiff of $500 For
plaintiff Messrs. J. Is. Scoes and w j. Haskell. For
defendant Messrs. Z W. StOushion aud 0. Willard
Before Judge Clshoefer-JHiius Eistadr vs. the Mayor
and Comnorc!ty Of N.lo. Yo-k-The plaintiff Is milk.
and August last lost his horse of the pier foot
Duane street. al which pier the steamers belonging TO the
Erie Railroad treighted with milk. butter, &c.
he brings action recover damages alleging that the
injury caused by the string piece of the wharf not
being IN proper order &c He fni:ed TO make out his
satisfactory the Jury. Verdict for defendant
For plaintiff Messrs judah and j. w. Reynolds. For de-
fsndant James T. Brady.
u STATES DISTRICT CoURT.-Before Jcdg5 Belts
The United STATES JOIN. Peers John Peters, r. Gnd
Ednard D Prs.This is of several actions against
firm In Front street recover ia ALL about $1,000 on
bonds for duties The suits entered in 1910
In defence draft for s. OO0 drawn by James Reside
contractor for mails dated ut Washington in April 1885
on VIM. F. Barry nj that time Postmaster General. and
accepted by r {. Mason, Treasurer, presented 10
Cset Mr. Gerard counsel for Messrs stated that the
PostOfice Department not being able to meet its en-
gageneus al the time. Mr. Reeslde drew this draft
asreeaoly TO arrangement, for money owing 10 him 1t
passed 10 Mr Fuller, who gOtit cashed at the Bank
OF the Metropolis At maturity the Treasury unable
TO pay IT, and tae draft became dishonorcd Mr. Fuller
had pay back the money TO the Bank and take up the
draft The United States Government canpo, be sued
for Claim against the only being petition
Congress but claim against the Government good
an Offset for dues TO the United States The draft
NcwIork and set atioat IN the lrket Messrs
Peters present holders hnay paid $1,000 Tor IT, and
place as offset Previous NJ. Barry going out
Minister 10 Spain in 1896, ne settled with Mr.. Reesde
but Mr. Amos Kendall his successor, aorocated me SET
Element and commended that Mr. Reeside, for penalties
lines &c. indebted largely the Uated States in
stead OF tue United States TO him. aud contested the pay
nent Of this draft among oihcrs thai ground. The
Supreme Court however finally decided in favor OF the
settlement of MIR. Barry declaring ina, It was binding
and judgment given in favor of Mr.. Reesco for
Sl-c 600 II came too late however, said the COUNSEL
poor Recside down by crosses and lii cation
Hterward died of broken heart but his widow receiv
ed the amount above stated proving he was creditor
instead vi debtor. Among other points as related 10
this particular draft which formed part OF the above
it commended that Messrs p could not offset IT, as
they did obtain it bona tide for value &c. aso that
a Claim the kind could be Offset for duties. This
was denied Verdict for defendants. For plaintiff Mr..
]. w. Gerard For defendants Mr.. B. F. Butler.
VICE .CHANcELLoR's CoURr-Before Vice.Chancellor
McCoun-D els ions George Louen Us. The Cor
poratto of The Gernan Reformed Church Of tie Cuy Of
Neo York.-Mr. l. loaned 10 the Church, on bond and
mortgage through the late Board Of Trustees S. 600
but tue interest not being laid, he filed bill OF foreclo
sure and obtained decree advertise and sell Liii-
cation existed ~ the time between the Board OF Irus
tres then possession Of The Church and the present
Board the Court OF Errors decided in favor OF the
present Beard Who had previously been displaced but
who again possession. The present Board petition
b. lei oppose the claim conrending that the late
Board had no right borrow the money, particular.
ly as about 1900 d.lsrs OF it TO pay costs and
counsel fees IN litigation with the present Board,
and That such was not necessary for the welfare Of the
Church. or within tue powers of the Trustees who bor-
rowed the money, sc. Decree opened. and the new
Board permitted oppose the claim should tney 60
elect
There we.c also decisions in the OF Dorr rs.
Frost Baker vs Hall Palmer Elliot and Radcih rs.
Rowley mostly on points Of '"nurrsr