The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-19
Superior Court.


Ssrr ls-.4onzo Il. Smith Us. Peter Rylea.-This was
action to $75 the of commissions of
gotate the sale exchange OF farm for in
Virginia. In pursuance OF his instructions he entered
into negotiation VITA man named Blake, residing in
Hamilton county, for exchange Of his (Blake) farm
for that OF the defendants he further alleged that all
matters necessary to consummate the exchange were
performed on his and Blakes paI and that defendant
neglected to carry out For the defence endea.
vored TO be shown that the contract was broken by
Blake he having declined to consummate it until he saw
and inspected the defendants farm and afterwards de-
clined TO 60 to Virginia for that purpose 1t also
alleged that plaintiff Afterwards sold Bake farm, and
received the commission on it. The jury found yer.
dict for plaintiff for SIS
For plaintiff, DIR n shannon; for defendant, Mr.. D.
Maggie.
The Court will commence this morning at No 81, and
60 through the whole of the calendar.
Ann Elisa Lyon BY her merit friend Catharins Ly.
on-Ths was an action Of ejectment to the pos
session Of opeeighth Of house and lot in Thompson
street In 1884, the house and lot belonged to the grand
father of the plaintiff, who died in that year. leaving
eight children, Of which John Joseph Lyon the
plsintifs father In the year 1887 John Joseph Lyon
for Island the Indian Ocean, and it appears from
letter written by the captain that he died the pas
sage and was thrown overheard He left two children,
Of which the plaintiff is the survivor. Richard Ly on,
the brother Of plaintiffs father took possession OF the
entire of the propey and after his death the defendant
his widow. took possession OF as his representative
The defendant insists upon holding the share of the
house and lot caimeo by plaintiff MORTGAGE in pos
also aege there was an outstanding mortgage on the
whole OF the premises for sl,5oo, to the pay men Of
which they applied the rents. Verdict this morning
For plaintiff, MIR. Skdmore; Tor defendant, MIR. Gray
Before Judge Vsnderpoel
Clark u.s. Doy.-The jury rendered verdict for the
full amount claimed. which is 1851 with interest.
Before Judge Vanderpoel.
Henry Boyiond rs. The Moyor &c Of the City Of Ner
Yorklt will be remembered that shortly siter the
rival Of the news of the two great battles of the Rio
Grande a;meeng OF the citizens called in the Park.
to celebrate the triumph Of arms. Amongst other
Things several pieces OF ordnance brought the
Park to give eelot to the proceedings The plaintiff
spec aor or perhaps came TO take part in the pro-
ceedngs but DO that it may he seriously injured
by the discharge of of the Having stood in
front of at distance he received the full contents
in his breast and face, which both greatly lacera
ted, and one Of his eyes completely put out and
otherwise much dshgured by toe pow der For this in
jury he brings the present action to compensa
on and Insists by his counsel that the Corporation are
liable two grounds-lst, they bound to prohti,
the firing of cannon inasmuch as there a Corpora
ton ordinance against it2nd that they called the
ing and they answerabe for all the
that resulted from it
motion for non-suit was asked for by defendants
counsel the ground that the proof not sufficient
show that the Common Council called the meeting
and secondly that there proot that they had any
agency in firing the The Court took the
view, and granted the non suit.