The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-12-19
Law intelligence.

srrvRros CouRr-IK BArco, Deo le -D>eision -
yandre,c B OF ps Samson, DO csru Co --Judrment
for plaintiff, amount TO be sdj listed.
Bets rs Lre more.in tins case Cd action Of trovsr
was brought against defendant The pl.iutia is an
The goods were to be delivered condition that the
Defendant should procure the acceptance Of Adridse
Co >. snd give It 10 the plaintiff In payment for the
goods, which Afterwards delivered; but the de-
fendant did not comply with the condition. The plain
ditou Piled WITH Do never pared With the
lion of the goods % the trial verdict vss
aside IL is however. we'll established. that whore q
party sells goods ON condition. and afterwards del
them without insisting on t. he waves III. eoudtion
Is we'll setled that ho dos part with bs pos
srssion here 1t h been shown that at the tim, Of
delivery the plaintiff cad upon drr.ndsut to perform
tn- condition MOTION for new rial denied
Jcha va"derisih rs. Henry Ei's-Aotion for
ID. aper vs. Jonts-Motion to set aside non.suit de.
MED
Hopard I.su,snee Compaay n.y., ads Wour-Mot on
to aside repor. Of referee daDied
Ne issues Of fact will be tried In the Superior Court at
the January term, or any jury summo6ed The court
argument calendar
C,nculr Counr Dec is-Bsfors Judge Gray Baeeays.
W, b6 This resumed this morniog BY MIR J l..
White After had finished the summing up for tho
plaintiff ia gs Gray charged the jury IL this
the plaintiff complained OF article published in the
Courir ID fnqu nd for the purpose Of showing
bis claim for rdict has averred In his declaration
that he honest that he is he author several
books and psmphsts and pongst others OF the Mys-
terry Of niquty" which gave article which 10
the subject Of this suit he plaintiff iDssts that in
crticisng this pamphlet the defendant overst pp.d
Legitimate ouads Of criticnm while on the other ma
insists he kept within its misbat
upon such SUBJECTS men will dinur-muon has besn said
about the defendants justifying G@ntlensn 1t is
necereAry that the defendant should spread bis
defence upon the record and Justify The speaking or
writing words t In sufficient for him to sh that the
publication com planned has not gone b. yond the
sounds OF fair and legitimate cricim But 10 said
s.v that man ia Insane Il Is true t is going Trsse
way but II from the publication put forth by plaintiff
himself there appears contradic zoos and illogical oon
ciusions IL mig appear the critic the author
inssn aud such criticism would be within bounds
By saying this, do not to that ,hs plaintifs
pamphlet has been fairly or properly criticised mere
~ mentou 1t s4ct hsvoe bsrn resrr to by counsel
both sides HIS honor ated tha, It was not necessary
With them to their room tbs several documsu wbioh
given In evidence, and consider them; and they
Of opinion that II the drfeniaLts csiticsms we're
calculated to bring the party lit, dsrsputs and csn
empt, then they b~lous and he would be -nu led
their verdict The jury retired about O'Clock in
ey could not agree the amount Of damages, and
discharged We understood IN. ten were for CIV
ing $l00O and two would only give $500
UouRr GENERAL SEssI' rs-D 10 Before Re-
oordsr SCOTT and Aldermen Crol Va and Smith
Sc tened Gorge w Prescott who yesterday plead
gull y 10 diome for selling lottery pooies
thi. morning ssntt need to pay Hus Of $50
I'Is Jor zee IRE snsss The trial u VIM Frost
and Lewis T.. P Smith Indictment for false pre-
tene =, was then resumed and several Witnesses
called and =, mined the part Of the d-ienoe Alta
O'clock further in this cause were postponed
until half past o'clock. VI when
Madams Res,H wss Drought into court and ara q I'D
indctmsnt cbsrgipg her with having produced an
abortion upon thS p~rson OF Ann Maris HAL or scne
n,ctsoy TIL accused however neither pi. AIDED nor an
swered the Indictment; whtreupon III, District AT
tornpy moved that plea Of 20. guilty be enter d, as
though she had piesded 70 the Indictment rs pro-
vidsd for In such in the revised statutes The
SQUIRT ordered that plea OF not guilty be no entered
On being srked when tha accused would be ready Tor
trial James Brady Etq, stated that they we're then
resdy for trial rhs Dist'i,t Attorney said ns snoud
IN. trial on Tuesday next The court thsn
adjourn d until Monday morning -
COURT CALENpAR roR MorpAr-Crcut Cout-eS
10 So 25H 30 81 40 g. 10, 81, 246ss =, ~ 8oH 10, II,
u.s. 36k 10 Superior Coat 60 a. b, OF, 50 90, 81,
l. o. o. u a. los as 90, I'll. ia lI5 lal %, 20,
a. "a ~ g. 81 40 81 426, lao o. "a 20 l22 los no
Common ri az 1t part L. g. H. s4t Ia, Is IL, 81,
"a 2tpsrt-a g. o. 10. II Ia. To- 355
su,RtMr fouRr OF tn, UNITED STATES Dee IL. 1s37.
Present as Yesterday No l76 Lawson Henderson,
Daot,f in error, vs. Lemuel natthsws Ia error TO
hr Circuit Court OF the United States for Missasppi
q, the motto, of General Howard, Of couosr for TIE
N error this writ of locke I'd and
dismissed with costs No III Nj Ma,hlsou ct vi
plaiptffs 10 error, the dobe Branch Back In
20 the supreme Court Of Alahams Ou motion Of MIR
lne. of for tse defendant IN this wit OF
error wa, docketeo aud Dismissed With costs No 65
} w Nesmith e. a. p,intid.. Thos q. Sb.oonet
al This wtssubmitted to the ust tue record
aud printed arguments W viz Root for he paint,fs,
end Mr Hand Tor the d. fsndsuts No l45 NJ Van
Ness, plaintiff Ia error vs. G. r. Van Ness. admntstri
tor OF John Van Ness. The argument OF the motion
dismiss this writ Of error was commenced by MIR Cox
support the notion and continued by Messrs May
aud Bent In opposition thereto. Adj 'uined TIL Mon
day llo'olook A. M Weshinsfon Union,