The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-01-27
Common Pleas.

Before judge UlshOeher.
26-Mss Frances b. Conner w. Nicholas Penn
d-This action Of trover to recover the value
Of Certain valuable manuscripts alleged by plaintiff be
count in The defendant keeps boarding house
in Pearl street. and the plaintiff was boarder at his
from the statement Of her counsel that she CON
rbuor to newspapers and periodicals in this city and
quantity of books and large trunk containing variety
Of papers and manuscript, amongst which were the
Power, distinguished mathematician who had been
for many years previous to his DEATH with
Institute and y 'ns difficulty be-
detained her trunk and books alleging she owed him
balance for board In the month Of July she consulted
the defendant for her property This she did and
a man named Shear to the defendant who demanded the
the plaintiff sent sio which he alleged due by her
for board. Tho demand was repeated three times and
Of October following The piaint alleged the trunk
was broken open her papers rummagsd snd the mate
four witnesses examined who proved plaintiff
boarder at defendants house. and had the trunk
to the contents Of the trunk and the plaintiffs Counsel
stated that he was driven to call the plaintiff witness
prove contents and their value This object
ed to by defendants counsel; q long argument then
took place between themthe plaintiffs counsel insist
ing that from the necessity Of the case when other
evidence could be had, the testimony was admissible,
and cited several authorities support the principle
The defendants the other side insisted that
where such evidence Was admitted, and this was not
case of that kindhere evidence sought give
view, and rejected the wtress. Defendants coun-
sci then moved for a non-suit, on the ground
that the contents of the trunk and its value not
proved The court denied the notion stating that there
sufficient grounds to go to the jury under the coun
me oI . ~ bow ha then
other property were given two months before the suit
was commenced-the second witness was exemned to
prove that she the trunk in the Of the
plaintiff before she to board at DEFENDANTS; that it
old and the top oft broken and had hinges to it,
that has ssI~ nr
were Of no value, but she did not know, Of her own
knowledge what the contents were, except that tho
Mr. Cox. The judg told the jury that the action for
the contents of the trunk their value, but he told
them the defendant vast guilty Of an illegal act in de-
boarding houseEeeper could not dstan the trunks Of
boarder even although balance might be due for
board and the only question for them to pass upon was
Of her trunk from June till October and the damages
which she was entitled to for that illegal act The jury
found verde. for plaintiff for Sl5 For plaintiff Mr.
W. Judson for defendant, Messrs. Bidwell and Wet
moro. t&h
Enos BurroWes u.s. Walter Sutherland et aL-This was
action promissory note dated the 18th of FcbIu
airy, ls45, drawn by Rowley and Burdock, suiher.
when in funds was accepted by defendant in the FOL
lowing words :-"Accepted payable when funds Suh-
nd the noss Sy
defendants $780, and about three months before the note
in question was drawn he gave them his note for $780,
which he procured Burrowes the plaintiff TO endorse
Sutherland and Bowns entering into written stpua-
ton not to put the note for $3.50 in suit for year after
it became due The note in suit given to Bur-
dick to enable him to commence business. and he
passed it to Burrowes who brings the present suit
conditional, wit that they not to be
called upon to pay until they had funds and secondly
that Burdick indebted them at the time of making
the note, and still continues in their debt The defend
ants examined witness to prove these facts and the
court left it to the jury TO say under that evidence
whether there any funds in the hands OF defendants
or were they indebted to plaintiff not as in either
Of these the plaintiff would not be entitled
cover. Verdict for defendants. For the plaintiff, Mr..
Noble for defendants, Mr.. Allen.
Before Judge Daley.
Thompson - Beaumenf.-The evidence in this case
was closed yesterday and defendants counsel summed
up. Mr. Jordon will commence summing up for the
plaintiff this morning