New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-02-22
LAW Courts.

SUPERIOR CoURr-Bsfore Chief Justice Jones al
Judges Oakley snd Vsndsrpcel ID 'sions-pxs
4 BoSss pifiEa5 n error Daziel D. n NIss scs-s
n In suit BY officer " in the Marine Cou-,
al indemnity bond the Court gave in his favor ana
this Court affirmed H. Motion Il nsde for rrsryvrer,
principally On the ground that the oscer se.ret tie
goods IN the street which he had right - do ard h
principals are not held The attorney Of the prnces
80 directed the officer to DO ard this Court holds s
he csnno, now come In and take advantage OF HE
wrons. Motion for rcsrgumsn, denied
Joha L. BHTsv Am ~. Jacksea.-Mr B. a lurn,r
merchant sued Mr. Jackson, under the lien law To-
lumber furnished the contractor on ,ha Bowarv
Ihestre The contractor was engaged the same tins
in erecting other buildings In this City and Newt ersey
and portion OF the lumber the other buiias,
The question was submitted 10 referees Mr. ] den,s
that be liable 10 the lumber merchant Il bcnf
debt OF the contractor. and that lumber msrchsn, ~
supplying lumber. does not come within the hen IA
The retarees considered H. sud gave Judgment r A.
fendaut Motion l. made 10 set TIE report aside IA
Court agrees with the referees that lumber nerchss
has 10 cl.im.uRd the len law. The law nal 4,
the benefit OF workmcn the building and for user.h
actually furnished by them. Motion 10 sc, ssde report
of referees denied.
lsaac Srcscey. j. vs. Drsc RoJiasoa & C5-Brow,l
Cusl.ng Boston, drew bill on their house Gks
Orleans 20 the order OF third party. Il was ps;t,
ten days after sight. The bill was sent TO NewYoah
sale aud finally Tell into the hands OF d. r. & Co "
endorsed and sold il t. Mr. Spencer who took hwsx
with other funds, amounting in al % Si0oQ rAa
view 10 seitla IN that country. Tie detained b. e
way and did not get TO New Orleans I'll - days AYR As
J purchased in Now York when the house on vAsh
was drawn had failed lie then brought action suina
/ d. r. & Co. the endorsers. for the amount nsy
claimed that they were not liable Mr. y WA boana
10 send on the draft by mail. which, had he doae
would have been paid. Verdict was taken sabeeib
the opinion OF the Court The Court held that 4 ~
draft had been payable after dase. the holder should e
msnd payment early rs possible, but not 80 with
sigi dra which is ottentmes thrown Into the uixrkt
a. sort OF circulating medium. II Is suihcien; IA las
such is presented within reasonable space Of tine
Mr. Spencer had right to retain tho drsii IN esosa
possession the time he did portion OF his fandS Iads
| ment for p!antih.
plaipuH AZ a nonresident NE security ios eos,s The
piaiH.A resided with his father IN Newiork bat wenl
| 70 the West lie does not appear 10 have nse nx'd
location in another place, which tne Court nnh,e.
cessay in order 10 deprive him OF his right resident
of this state Motion le security for costs ieDist
| Uakeraar va. Si0mda-New trial denied.
Hrd,ara vs. McKson e. ai.--New tresl deuied
Fan Rnsiirk vs. GdrdHr.-Deiendant must PSI he
/ rent--his remedy IL in equity.
The Peops Va French 3 i,isr-The society o. b.
House OF Refuge is not liable, in law, for costs
Before Chief Justice Jones--Aartia Tllsrs " Il
d0lph Gsymy Action TO recover about $50 1nses
fence is that Mr. w. accepted In payment claim ofh
g. ON Mr.. Rushson Aston House. before the latter .is
ped payment Verdict for defendant--For plsni1
Mr.. MeAdsm; for defendant Mr.. Merrill
Before Judge Vanderpoel - Peter " Casieiiaas
John 2. B'auriHe A. A Sd~@sH9s and Uililn A,a
SkpiT-A ton TO recover cigars sc solred at hss
store of Mr.. Rodriguez. Wslst on demand sgsn
him, but claimed by Mr. G. The trial occupied h
whole OF las, week The jury could not agree and
discharged -FOr plaintiff, Messrs Cutting and PurroI
for defendant,s Messrs. Blunt Gerard, and sktmore
CouRr or COMMON PLEAs-Beforo Judges ulshoeaH
, Ingrahan and DAILY ID &c siens.-JokH CoLirs
signee OF VIM Jones, sheriff, W. Constantine paas,s
Patrick Dsdly and Frdncis Cassidy Suit on npsvh
bond 20 recover of Mr. Donohue s3l7 80 costs 10 al
entered BIZ him 10 obtain possession Of the banners and
Other properties OF the Shamrock Benevolent soslsr
IA In Ind nj a. On
defendant may plead on payment Of costs.
Charles s. CrowNel vs.. John r. Dslspase-New ns
D denied.
h Gilaa va Brzen Judgment for planrh On aemuT'
a rer. defendant may amend.
Beansn vs. SiddaH-Repert Of referees tor 81 y
e confirmed.
In the matter OF VIM Westerheb surety tor ths v
pearsrance OF VIM, II. Messelier. Petitioner d'en'ri