New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-02-10
I.nM Courts.

COvRr oF COMMON PLElS-Before Iaige insfahsr
Ps,s- ~ Christie Tobias Ronifso, --Asssul, am
Bsttery.-Mr. G. the plaintiff, wss engaged 70 Ar,vs
the horse and cart OF Corwin & Eddy. corner Nursy
and Washington Sta Mr.. B. IL Captain Of the TA-
Ward Police. They both powerfully formed M
Capt B. had complained Of Corwin \ Edwin iog s.o.
ton OF ordinance in encumoerng the sidewalk W
their .kids pieces OF scantllns which to roll ba-s
SC. In and out OF their storey and they kned-
Some days sterwsrd. being llth August last Cspans
called Messrs c. s r. and asked II they bad BEN
fined They replied that they hsd-they had paid d
shillings Capt B. then said 1t SO il must have bes
embez1led lsi the Corporation Attorneys Office n
Corwin asked them who had fined them when Capt !
replied that he had Some words ensued Christi
who was standing beside Mr. Corwln seld, Capita
how is il tha; neighbors have their walks cu,ins
up and my employers fined Tor having their skdsa
the wslki Capt b replied that Il was none OF bis bs
ness lie then asked Christie whose horse and cart eat
was before the door Christie said Il WAS his Capt \
told him TO chain II OF he would take him up and sooa
aterward took hold OF him BY the collar and tod him
he was his prisoner. Christie said Il " was 10 he be
horse he would do Christie started and Capt
followed and caught him by the collar, pushed hun
across the gutter into the street and backed HIM INTO
Murray ST. Christie got hold of an awning poet 20
lcemsn came up 20 the assistance OF Capt sndV
tie taken to the Chief OF folee's office. hw"sai
on the part of plaintiff that his shirt and ye't were torn
In the struggle Oh and his face had blood on H. butt
was denied by defence The Chief OF Police sent he
Mayors Office. where Il was sscertsned that Chn'u<
had no license 10 drive cart. and he was sent TO u
Action IL brought 10 recover damages Tor assault All
battery For defence it was said that leaving hors
and unfssened in the street j. misdemesnor ~
subjects ths party 10 Immediate arrest without wnfN
as Ia also the driving OF a cart without license
The Court charged that policeman, or any otnd
person has right At the time to arrest person ~hos
they personally perceive 10 nave committed misc
meanor such -, aling pair OF shoes &c. but Nd
neither have right do II they have not been p
sent or come up At the time without warrant In "
present however there Il nothing IN the law "s0
makes IL misdemenor 10 have horse and cart stand
the street without being ted--nor does the Court hMk
that driving horse and cart without a license IL ms
demeanor but II II was the arrest was not made on
that ground. Beside there evidence that Chris
lie had ever transported goods from one place TO the
other for pay without license. There was therefore
no justification whatever for the arrest and The derf
ant Is liable % respond In damages The Courts sony
70 have thus TO say because II 10 always DESTROYS wha
proper 20 protect public officer, but the cufen m
| he protected in his rights equally. The question
damages In a case like this rests wholly with NE jury
and the Court will forbear 10 make any comments I
! Jury after being out about tbreequariers OF IN noe
/ tf Mr. Thomas Warner and Mr.. Jas. T Brady Tor ID
! fendant Mr. Allen.
SUPERIOR CouRr-petore Judge Oakley --JAs
Byovsy yeceir,r ofhs Cro0a Insurance Co vs. Ledsas
| Sfayr--Deelson in relation to Mutual Insurance p
Stock NOtes.-Ihis was an action 10 recover noh ~
s. 900 given by Mr. Starr who was one OF the trustees
/ as stock of the Croion Insurance Co The defence
as In all such notes of late awsnt Of consideration
was proved to have been considered capital, and b
Mr. Starr had received $50 or per cent npon ts en
/ ings receiving IL as capital Tho Company wa pro
trated by the great fire OF -4J and the receiver -
nearly 500 coo OF these notes not ten per cent owm
we understand will ever be realized, even II l1dgneni
are obtained many of the makers being unable 70 ps
Judge Oakley ia his charge, stated that The quesu"
as 20 the validity OF such NOTES has been Tor some I'm
before the Court In similar actions There Is no dont
bur they are valid against the holders Ihoy we're give
with view 10 profit as capital and would have oee
profitable had disaster occurred Good sith TO NOS
dealing with the institutions. requires that such shoo
be- the ease A. the question Of consideration ina
| l. found in the mutual engagement between urea
number Of gentlemen get together and form wese ~
I tuai companies One man says VIII give my nof
! YOU give me yours ! have no doubt said he Isdf
but In point OF law the parties giving the notes sc
| bound 10 make them good. =,
Verdict for plaintiff, $500 57--For plf Mr.
Taylor for delft Mr. John Hone.
There was also similar action against dsa r. cos1
q recover the amount Of note for $1,000 given 70 n
Cyofoa Ono defence offered and verolet nl
der.d for plaintiff In amount and interest
In Inc case OF Maarop Moore To recover back ~
Railroad stock pledged as collateral the Jury, stef y
ng out all nieht could agree and were discharged
They stood for - hours II TO l.