The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-09-30

cincutr Covsr sept ~ '-B.fore Iuav. rax.rs.
which reported IN y.stsrdays Hs,s1 va. rssn%sa
this mornins Ansr ooenss had summed up the Judge
images for Violation Of duty BY dsfsndsa,s ~ sommnn
carriers The Law In regard 70 persons holding them
them liable 20 all damages that occur sxesp, Nv I'm ss
OF public enemies or Inevitable accident both Of Witch
SsySn p, sns .ssr mi, hs then for
the act 81 God By the act Of the parties tn
His honor reeap,tuAtsd tn. evidence o. Mr Williams,
evidence, the inevitable conclusion is that acids
not the cause Of the damage and that the jury must
have been produced by water although he he did
not think It occurred nom salt water because b. did not
come that conclusion You then driven to consider
other parts Of the testimony To how the did
There does not appear to be any svidsDes that they
were damaged by fresh water The mate states that
were placed in shed where no vet could reach them and
when put on board they slowed In place perfectly
impsryious to water from which It seems tn .y could
not by any possibility become wet from the Il me they
left Liverpool until they arrived at this port There II
then only way e TO for how they could BE-
four other witnesses all sea ring men have testified
that in rough heavy weather when the ship Is thrown
on her side the water wiz be thrown up Ave six feet
and by the Of the atmosphere win be forced
through the ceiling Of the ship which the only way
can account for the weting OF these goods and you will
remember that of the witnesses says that the bge
water will be thrown out in that way but to such
distance The next question you TO consider were
the goods damaged in this way and So does Il come
within the exception that did II occur BY inevitable
accident or was occasioned by the Intervention OF
defendants and thsr agents by the former the de-
PENDANTS would be entitled your verdict II by the lat
ter, the plaintiffs ought to recover
The jury retired and after being considera-
Bile time, 1t was found they could agree and were
MIR. Philip Hamilton
David b Niles aud others Is. Geo. W. Gu,on-This
action for goods sold and delivered The plain
tiffs manufacturers, residing ut East Hampstead
Connecticut and among other things manufacture
a der ecte ed IN firm of
Niles for quantity Of sleigh bells A short time
previously the firm Of Williams Niles dissolved, and
the firm Of D. b Niles X Sons formed-ths senior
partner in the late firm going out aud the junior part
ner becoming the head of the firm. The order
received by the new firm and the 10th day Of No
vembsr they wrote to defendant that the order
ceived would be fulfilled by the firm and the goods
wrote to plaintiffs stating that they the
sleigh bells unless they took hardware In payment and
order to Mr. Williams the partner Of the late firm The
plaintiffs 1t sppsared, shipped the goods on the 10th
letter the order but the plaintiffs
answered it. The goods arrived, and received and
for them except by The delivery Of the goods
was admitted The defendants counsel opened for the
Ssa Da Of three to
and the old rmthst is defendant purchased their
goods and was in the habit of paying for them by hard
ware but they could not they knew than
instance Of It, The counsel for the defence commended
that Dan' B. Miles, of the plaintiffs partner in
old hrm was aware OF system Of barter and that
knowledge Of the fact coupled with the letter Of the
10Th of November, bound the firm, inAsmuch
they might have shipped the goods in transitu they
did not agree to the terms of plaintiffs letter.
Mr.. WILLIAMS the partner in the old firm called
on the part Of the plaintiffs and he proved that such
custom existed that he remembered upon occasion
only that def purchased lot of sleigh bells and they
were paid for in part cash and in part hardware The
Judge charged the jury that before they could find
verdict FOR the dst he should their satisfaction
that the custom contended for by his existed be-
tween the deft and the old 8rm and that the firm
by either an express or an implied agresment consented
70 adopt the custom IL the evidence did not warrant
them In coming TO that conclusion they ought to find
for the plaintiffs Verdict for plaintiffs $97 81 For
plaintiffs, Mr.. VIM. b. Leonard; for defendant MIR.
Townsend.
| CoUEr CALENDAR-THIs DAY-Circut Courf--Bsfors
Judge Edwards-Nos Al 81, 49, lO6 1906 l07, 100, 49,
ia %, 81, 49, lO3. Common Piess-Before Judge
uhoeher-Nos 2 ., 30 80, 81 So, 80 rs, 81 81 90, g.
CouRr or ArrEALs-SEPr. 27.-Loomis PIN in error,
vs. Monroe deft In error. Judgment Of Supreme Court
affirmed White, pl In error Sherman, deft In
ror. Judgment Of Supreme Court affirmed. No. -,
Stief PIN In Hart, dert In The default
taken In this cause the 9Th inst having been opsnsd
Mr. A.. Taber opened the argument for prR In
error. Mr. g. Stevens heard for deft in error, and
Mr. Taber closed for PHI in Not. Hoes ct n.
appellants, vs. Van Hoesen respondents. The default
taken In this cause the 9Th inst having been opened
Mr.. II Hogeboom opened the argument for appellants
was nominated last evening by Legislative Caucus Of
his political friends, Commissioners Practice and
Pleadngs, to supply the place vacated by MIR Hill MIR.
Field Is pioneer on the question Of Legal Reform and
appointed will cooperate with Messrs Loomis and
Graham in carrying out the principles Of their Report
| albany Epe Jsur Sept. 2ath. ....
| The LATE SrORM-STEAMBoAT TRAVELLER
| IL has already been announced, SAYS the New
Haven Journal of the 29h inst that the steamboat
during the severe storm Saturday last, at the IN
stance OF the passengers the attempt and put