The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-03-10
superior Court.

March s-Decisions--Hi Honor Chief Justice Jones,
gave the following decisions =
motion set aside inquest the verdict Of which was
rendered against the plaintiff in this notion during the
caring to defend bis case because alteration hav
ing been made the calendar. Motion granted; the in
quest set aside and all subsequent proceedings upon the
.4ionso- Rockwell u.s. alfred Riggs.-Order made at
Chambers affirmed. and appeal dismissed with 81 costs,
Henry Psrdy U.s. Mark Cornell Appeal dismissed with
81 costs of opposing.
John Knosoies jones Borclay-Judgnsnt rever
Jaekssn Laurence rs. Joseph Bradley-Judgment re-
ver.ed and RENTED back to the Justice for new
Richard SAi6l.in Us. Martin NJ HsweA-Judsmsnt
affirmed.
James Coneay and Henry Eyre rs. James Malbaes-
Michael Dousherty Chas. .andrews ct ai'.-Judg
ment affirmed.
Henry M Herbert ps jacob Kershedt--This
ton whore il shown amount Of $5l was claimed
for making and vanishing furniture The defence con-
tended that the work imperfecty done and that aqua
ortis had been used in the varnsh by which the furn
ture sustained damage: The Court ruled that the evi-
dence had not shown the Of work done upon the
one SIDE or the damages sustained upon the other u
appeared that il the work had been we'll DONE would
have been worth s4o-sl7 had been paid upon it. which
would leave balance due Of SAT- As this matter had
been thoroughly examined and Investigated and udg-
ment rendered in favor OF plaintiff Of sis, in the Court
below, by which it fair to presu that they had
determined this matter fairly his Honor the Chief JUS
tice, could not but affirm the judgment obtained
Judgment was thereupon affirmed.
.faron c. Derby George r. Elliott John Sioodgate
and ohers-This action Of trespass against three
or four defendants and recovery had been demanded
against them all IL that distress warrant had
been ssued against tenant he plaintiff bringing this
motonor quarters rent due The goods levied
upon and taken to auction store and sufcient por-
ton of them were disposed of to satisfy the claim In
the meantime another quarters rent fell due, and the
landlord ordered the sale to be proceeded with to satisfy
the second demand The plaintiff in this suit forbid the
auctoneer in the discharge Of such duty yet he went
and sold. He now brings this action to recover da-
images therefor The ruled that inasmuch as the
auctioneer had but simply discharged his obligations,
that he the innocent holder Of this propsrtyhat
he had not personally assisted in the removal OF this
property although appeared that his clerk had 80 aid
cd and abated and he not liable. In the opinion OF
the court therefore, tn auctoneer in this case cannot
be considered trespasser, nor IL he liable for any
amount of damages sustained. Tho clerk, however,
might be considered responsible. New trial denied
that the plaintiff consent that verdict OF not guilty be
entered in favor Of Woodgate -otherwme, granted
Jacob Cram u.s. Thomas Seygecnf.-This is a demurrer
to a declaration. The defendant in this suit in
srucod to purchase twenty shares Of Long Island
Rail Road stock, and for this purpose supplied
with $500 $780, He, however did not purchase
such stock, but msapped the money either to answer
his own necesstes or for some other purpose The
psrty sued for trespass The ground Of the do.
murrer H. that the action improperly brought and
that should have been brought action Of assump
sit. Judgment for plaintiff demurrer, with liberty
to defendant to plead demurrer de payment
Of costs within ten days after notice Of this rule
Motions and arguments were then proceeded with.