The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-03-03

SUPERIOR CoUnr, March 2-before Judge Oakley -
spass the case, to recover damages for malicious
prosecution and Islander The plaintiff salesman in
the defendants establishment, arrested at the in
stance CT tine def ndan some charge of theft which
charge was according 10 counses afterwards
discontinued The plaintiff also charges defendant with
aaving caused II to be reported that he tho plaintiff
while in defendants emplo ment, sole goods Iom him
to the amount Of $500 81 900 One Of the jurors
taken sick dniins the trial IN sequence OF which the
Court adjourned to this morning. for plaintiff Messrs
Brady and Wurner. For defendant. MessIs O'ConoI
and Humirey.
Before Chef Justice Jones --Riehard Hgyes Us .4soph
Stone ct ais This action a bill Of exchange
tor f6l7 e3 equal TO S3il5 10 The facts are fol-
lows The plaintiff isa general merchant in Liverpool
and was in the habit vi sentng goods TO the defendants
house in this city, to be sold On commission In 1885
there large quantity oil the plaintiff goods con
sumed here, 1897 the defe idant lis sg. nt
ceivtd per cebiags on the amount insured amounting
to 80 IFS 81 when they spprfzed bim OF They efei.
wafds purchased from the house oil b ookss 60,
If his cry the bill IN suit, drawn mouse
~ Liverpool for which hey their nois pay inr
TX per centIor me bh and only charging the pliutIt
IS pSr cent winch woulj bs the price. The houle
IN Liverpool failed, ard the bill wss worthless Mr.
Isyes some two yeufs alter aiming that II puI
1hased for the defendants note ana that the Latter had
pped his money to their own use, sent 1t over, und
caused a suit ~ be brought on Il IN 1870 That su
tried in tins Court and tnere was verdict rendered for
the deiendan,s The plaintiff excepted 10 the JUDGE
charge sni Afterwards brought writ OF s'ror
ana took the case 70 the SUP enc Court, an
he verdict was set aside, on the ground that
he bill having been purchased on the credit OF
ne defendants, 1t was their bill and they bound
make good any loss that might accrue; or IN other
words agent, when he closes his principals account
and has balance 10 MS hands he cannot apply it to mis-
purposes ind bill to his principal purchased
bIs credit The defendants being dissatisfied
with the decision Of the supreme Court carried the
the Court OF ErIors, and the latter
frmed the decision Of the Supreme Court, and
the case back for another trial The case
proofs taken the former trial which read by
sent the defendants into evidence Of general
cesds OF sales and remit them to their correspondents
rhe case adjourned to this morning. For plaintiffs
Messrs Staples, Lord and Goddard-For defendant,
Messrs CuttloR and Willis Hall
CIRCUIT CouEr-Before Judge Edmonds Il Thomas
Blsiand rs Corns. HsnryThis was action Of tres
pass to damages Tor breach of covenant The
defendant coveDaned 10 let green house to the plaintiff
for year; he Afterwards refused 10 give possession
The defence was that the agreement was condonal
that 10, that II optional with the defendant to give
posse sion or Verdict for plsnf $3.50 For plaio
hf, Mr.. Clarke; for defendant, MesTs. Whiting and
Urieve.
James Hickman rs TheLong bland hstnanee Co-This
policy OF insurance for $500 effect
I'd by the plainif the defendants Office his house
hold furniur, and stock Of wines Ss in his house
know as the old Flushing Hotel fire occurred short.
ly bfter the effected and the house and
furniture were considerably damaged, The plaintiffs
made the usual preliminary proofs OF the value OF The
property damaged, which anoun,ed to $3.50 The de.
fence is that the of damage overraed. and
also that defendant failed in making part OF the prel
mnary proofs The case is Adjourned to this morning
For plaintiff. Mesrs. s. Sherwood and H. Hudson for
defendant, Lott & Murphy
COMMON PIrN-RoJert Mr. Hurley Us aaron
Fan TaikenbuTgh This was an action on promis-
sorry for four hundred and fifty dollars. The de-
fence that il accommodation note me rely
dosed for the Of the maker and also thai
the endorsement Of the defendant obtained by false
repre- sensations Verdict for plaintiff Of the full
OF the note with interest Fer plaiptf, MIR. FoucLer-
| For defendant, Mr. Fessepden.
Before Judge Day.-MontgomeTy Us Odaon This
cause, which reported very fully in tho Herald Of
| yesterday, was resumed yesterday, by plaintiff
counsel calling rebutDg testimony which occupied the
| entire day. The case will be summed up today
| CouhT or GEEERAL SESSIONS MARCH, . Before Re-
corder Scott, and Aldermen Livingston and Walsh
John McKoon, Esq, District Attorney Tyidi for Grand
Lareeny-At the opening Of the court, this morning,
Jackson O. Brookons placed at the bar ior UNI On
Indictment, charging him with having 10 can
month Of July last stolen promissofy noe iol py'
drawn by Mr.. John Cory IN isvor oil James
OF No 50 Orchard street From the evidence anause
| on the part of the prosecution, appeared hot
| the note in question was taken from the uupk OF
Mr. Campbell, at his place OF residence IN Orchaid
| street aud that IL subsequently found IN
the possession of n person named Samuel Coekcroft,
10 whom il had gwen for collection and that the
sccused on being escd admitted to officer CumD ing
b,t he had gwen note TO CocscIoi ior collection On
the mart OF the accused witnesses were called 20 prove
his previous good character The testimony hsvirg teen
closed OH both tides, W. Green, Esq made an able
ard n, Give appeal TO the jul IN behalf OF the prisoner
who was acquitted, alter DrIef consultation.
| Tf0I Of Me Faddsn tor mansiaushiu.-W VIM. McFad
den. In ictxd for On ghtsrIi, occaslontd