The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-24
Law Intelligence.

Law Intelligence.
SUPERIOR CouRr, Sept. 23-Before Judge Oakley
Lepfs Thomas ID. Hayss.-This action on
promissory note for $4,000 There two defences
st up-hrst the note was accommodation note given
without consideration and secondly 1t was alleged that
the plaintiff in the cause merely nomnal that the
interest and that the defendant who had been part
ner with one Hyer, had made assignment Of their
payment of their debts amongst which debts was this
note and 1t therefore, contended that II virtu
ally paid To this 1t was replied that plaintiffs were
endorsers on the note that regularly protested
and notice OF sent to them and they had take
itup Verdict tor plaintiff for s2lO6. For plaintiff Mr.
II Ketcham; for defendant, Mr. Horace Clark
John II Brockner u.s. Vim. b. CoIzens. Treasurer, and
Fred II. Way, piee President Of the Sd Ward NaGpe
.qeriean AssociationThis was an action TO recover
balance Of S24O, rent OF certain premises in Green
wich street. In 1874 association formed In the
Association Of which the defendant Cozzens was ap
pointed treasurer and the defendant Way president
At meeting Of the association in 1915, committee
was appointed, OF which Nh. Hyatt chairman; the
committee empowered to take the promises ques
tion for the use Of the association, and accordingly
MI Hyatt the chairman, entered into written agree
ment for the hire Of the premises for year. from the
LIST Of May ls45. to the LIST OF May 1886 The associa
year 1896 then left and refused to paw the rent
MT Hyatt proved the agreement to let, and that he
signed 1t pursuant to resolution passed at Of the
meetings The secretary of the association proved
various proceedings Of the association and that ha had
the books of the association In his possession
ed them over to MT Harris Wilson when retired from
office Mr.. Wilson counsel tor the natives moved for
nonsuit on the ground that the association was self
constituted body and could not enter into valid and
binding agreement In support of his motion he cited
the Revised Statutes and the famous Log Cabin
decided after the election of General Hsrrson which
he stated was exactly in point. The Judge said he
would not nonsuit on that ground but there was
another point upon which he thought he would nsnsut
the plaintiff namely, that he had shown conn ection
In the letting between the plaintiff and defendants The
plaintiffs counsel then recalled the two witnesses with
let, but failed, and the plaintiff finally nonruited-
For plaIutif. Mr.. james MoAdsm; for defendants,
Messrs r. and Harris Wilson.
Before Judge Sandford-Stephen Whitney u.s. The
Mayor Aldermen, &C., OF the City of NeW York.-This
was an action Of trespass against the defendants for
building pier at the foot Of Peck slip the property
OF the plaintiff at the foot Of Pike street The case was
tried before, and verdict rendered for plaintiff It
afterwards brought before the Court of Errors the YER
dict set aside and the sent back for trial
was tried this morning by Judge Sandford by
OF the parties, without the intervention of jury and
Judgment rendered for the plaintiff for tho amount of
the former verdict For plaintiff, Mr. f. SANFORD; for
defendants Mr.. Joseph l.. White.
COURT OF OYEn AND TRIMMER, Sept. 23.-Boiore
Judge Edwards, Aldermen Kelly and De Forest.-After
the court organzcd the Judge said he mentioned
on Tuesday last that there twenty indct-
mens found by the grand jury Of the Court of General
Sessions returned to this court and If there were no
special circumstances connected with them he would
send them back Since then he had looked into them
and found they ali t to be tried in the Court
of General Sessions. He had also looked into the
statutes and consulted with his associates he had
no doubt that power was given him to them into
the Court Of Sessions He would therefore direct the
clerk to enter an order on the minutes accordingly
was called but did not appear aud his recognizances
were forfeited. The court then adjourned The circuit
remained In session. and took some nqueS after which
1t adjourned
UNITED STATES MARsHALs OFFICE Sent a3-.au.mpt
to Make kepoi-lt appears that the packet ship
Queen Of the West hauled out of dock yesterday and
was towed outside the hook by steam tug when the
tug was about leaving Captain Halet called all ands
on deck and ordered them to their duty they refused
and hustled the captain about The mates to his
assistance but they also hustled about and one
them badly cut in the head The first mate was then
despatched to the city, and procured warrant from G
w Norton Esq, United States Commissioner, and one
OF the deputy mars ais was sent down to and
bring them up He had not arrived up to six O'Clock
this evening.
Daniel Jocrn rs Nicholas a. Hoiierton-This was an
action OF rover to recover the value of operty alleged
TO be worth $50 The plaintiff passenger in the
brig Zurich, which arrived in this port Havre last
spring and Of which the defendant is master French
brig left port he took sick and continued so until his
DEATH he had no friends board and the plaintiff was
very kind to him and relieved his much he
was able The plaintiff alleged that token Of the
priests gratitude he the priest told him he had trunk
which there eighty francs together with some
wearing apparel and rinkets which were of the value
above stated and insisted that plaintiff should accent Of
them; the latter refused the old again urged hin
to take Them saying, he knew he could not live and
would relieve HIM very much If he would take them
The plaintiff at last his consent and then
as he alleged In the presence of three witnesses
got the keys In two or three days after the priest
| on deck and it was said jumped overheard, and wa
drowned The defendant, master of the ssel
a on 'ao plaintiff to give him up tn
this city nonsuit asked for on the ground tina
the evidence did not show under what Giro nmstance
for hatpurposs the property given to PLAINTIFF MOI
did 1t show the old man in erbemis 1t was aIst
asked on another ground namely, that the of hi,
having committed suicide showed that he was crazy
and incapable Of making will The nonsuit was grant
ed For plaintiff, Stalnacht; for defendant, MIR. r.
Sedgewick.
COURT o. GENERAL SESSIONS, Sept 23-Before Re-
corder Scott and Aldermen spoford and Dodd John
Mckeon, Esq, District Attorney
Trial for .dssauiting an 0dcr.-At the opening of
the court this morning John Cox placed bar
for trial on an indictment for having the 25th day
Of August last, committed an assault upon William
WILLIAM MEHAS, on being examined, deposed-I am
apoiceman; ON the Goth of August arrested prisoner
and whe N my way the station house, Cox, with
company OF men, attempted to the prisoner from
my custody Cox struck at several times with club
he has been in the constant habit of attempting res.
The Jury found verdict Of guilty but the Court sus-
pended judgment.
Trial for Grand Larceny -Wiiam secor was next
placed at the bar for trial indictment for having
on the both day of August stolen from Augustus Hud
SON. Of Westchester county, horse and wagon worth
SI6O.
AUGUSTUS HUDSON sworn-I live in Westchester coun
ty; keep public house; the 30h day of August
my horse and wagon were stolen from my barn after
wards found the horse and wagon at Mr. Odsls in the
third avenue they were stolen by VIM. secor; he was
drunk at the time, and do not believe from the crcum
stances that he lad felonous INTENT do believe
he would have taken them II he had been sober
JAMES NJ. ODELL sworn reside at the corner of third
avenue anu 3tn streets bought the horse and
In question tho morning OF the 3lst OF August from
the prisoners he told me the property belonged him;
gave him S25 for the horse
Mr. BLUNT counsel for the Defence contenled that as
the offence was committed out OF the city county
New York, this Court had no jurisdiction in the case
ana the jury accordingly acquitted him.
Martin Hare.-This individual who was indicted ON
Wednesday for bigamy was this morning brought into
court by officer Leonard bench warrant His counsel
Mr. Brady commended that proceedings yet pend
ing In the case OF Hare before Judge Edwards
has yet jurisdiction 1t that the indictment
Illegal and therefore, moved that the indictment be
quashed. The District Attorney, on the other hand
commended that the proceedings legal and moved
the commitment OF Hare to the city prison. The court
overruled tho motion Of the District Attorney and the
prisoner was remanded to the custody OF the sheriff
until tomorrow morning
TRIAL for Burglary Hugh Monahan was then pllced
at the bar for trial. indictment for burglary in the
3rd degree, In having the 9TH day Of January Isij
burglariousy entered the store Of Mr. Abram scrbner
aud stealing thcrerom boots and shoes to the value OF
$500.
ABnAM s. ScRiBSER, on being sworn, deposed My
nj. NJ nj Gath