The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-22

ySIr.p srArss CiRcuir cernr April al-BsforI
Juage SNelson-Benjamin G Wilder VS. Crandau Rich,
iniringement OF patent right 1t appeared that one
Vnei Fitzgerald in ls43, obtained patent for a new
anu useiui Improvement in the construction of iron
CHESTS or safes To resist the action Of fire by the appcs
tion ana use of plaster Of Paris gypsum in its raw
e..o or prepared either alone with mica Fitzgerald
assigned to T. Wildern consideration of 1900 and H.
n mmaea again assigned to the plaintiff who
now heges that defendants have pirated his
r'sn.s unoer the patent and manufactured and sold
large number of safes constructed the same prnc
pie as that Of plaintiffs from which they have realized
considerable sums and brings action recover da
images For the defence 1t Ia commended that the inyen
ton or Improvement is not new that plaster of Paris
had been long previously known both in France and
England aud used In both countries in all fire proof
buildings The case is adjourned For Plaintiff Mr.
and F. Mccarthy
CIRCUIT CouRr.--In this court there were only two
small cases tried after which the judge adjourned the
court until Monday next
COMMON Pleas, April 2l-Before Judge Ulshoeff.r -
Cook and Smith Thomas Haie.-This was an action
to 1915 brokerage commissions The plaintiff,
ship brokers' and alleged that they were employed by
defendant to charter party of the ship Geneva
that accordingly they set foot negotiation between
the defendant and the owners, that the latter finally OBJ
tanned the charter party but refused to pay commits
sion. The defence was that plaintiff only named the
vessel, and that it was MIR Ogden another ship bro
ker, whom the defendants employed that negotia-
ted and obtained the charter party and paid
for 1t. To this defence the plaintiff replied there
was custom among brokers in the city, that who
named the vessel first entitled. to be paid
the commission, ut all events one half The Judge
charged the jury that the only question was whether by
the rendition of the alleged services the plaintiffs have
claim against defendant. There three ways by
which plaintiff may sustain his claim in legal tribu-
nal First on contract entered into between the par
ties secondly IL there be contract then he
woke the general law and thirdly in the absence of any
agreement and the general law does not reach his
then he must resort to custom, and if there be a
general uniform usage or custom, 1t stands in the
place of the general law but the custom be
able, and consistent with law to give validity In APP
plying those rules to the evidence in this you
to say whether plaintiffs have established custom
which their claims. ! have already remarked
that the party who for commissions must not only
have rendered services but must do at the request
the other party give proofs that his services
afterwards recognized TO maintain his action it is
either by stipulation or recognition. If you are of
opinion, from the evidence, that custom has been
proved and that they rendered the services then you
ought to find for the plaintiffs If not then your verdict
should DO for the defendant Verdict for defendant
For plaintiff, Mr.. T. Benedict for defendant Mr. Cut
| ting.
UNITED STATES CoMMIssIoNER's OrrrcE-.Before
Commissioner Morton.-Charge of Assault NTH Dan
gerous Weapon.-lobert Law second mate of the Anne
rican ship Tartar arrested Yesterday ON charge
striking him on the head with stick Of wood The
case stands over for examination.
In the Superior Court, the of Adams against
the Ocean Insurance company, called on. which is
an action policy of insurance The was tried
| twice before.
CouRT OF GENERAL SEssIoNs-Apr 2l.--Our repor-
ter in Wednesdays paper made egregous blunder in
the of Patrick McManus, convicting him without
the consent ofjudge or jury
| Counr CALENDAR THIS DAY.-Superior Court-l3, ls,
l23 lO3 s. So "a Al D. 81 IS, 81 is l2 3d. &c. a. a.
a. 10, 40, "a, 26S, CO. 273 90 no. 9. 49, lO6 90 100
1906 ll6 l09 So 80, 49, o. a. 49, 49, So g. "a ILL., l22
81. Common Pleas-24, u, %, 80, 80, a. 35, 49, SO,