The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-02-20

CIRsurr Counr, Feb l9-Befors Judge Edmonds-
Caution to Psrents-Josish W. Waller %. FTancis II.
Sammons-This action of trespuss to recover da
for ury to the plaintiffs child boy about
Eve years old The defendant milkman and was dri.
wing his wagon some day in the month Of June ast,
through Houston street Upon turning the into
Riuge street. he came IN contact with the child who was
Doss de about three iset from the curb stone throw
ing him down, the wheels passing over his right arm
fracturing it above the elbow, and njurng his face
slightly. The child under the OF two phys-
clans for two months but has entirely the use
OF his 1t appearing that was purely accidental
gsnce on the part of the chds parents in letting him
alone For plaintiff Mr. Hiram Hunt; for defendant,
Mr.. X. Winslow
Samuel Wood and Sarah his VIE, Shieh said sarahi IS
.adnainisrstrir SC. John g. Rohr-Ths was an &C:
ton on promssSry note Tor $1,000 inc defendant ana
security for balance to that amount claimed by him
she took administration to him. and shortly after mar
red her husband after which they put the note
ted all the sums alleged to be paid in cash. and the
only question was as to $500 worth OF the stock,
Of the Manhattan Fire Insurance Company which the de
remained in his hands until after the great fire in July,
ls45 when the company burst up and their stock
worthless The defendant gave some evidence that the
deceased called the defendant some time previous to
the fro and asked him for $780, The plaintiff said he
said in an angry tons that no would sell the stock Upon
ground the defendants counsel insisted that he was
bound sell the Stock and not having done his repre-
sentative was now chargabls with the par value Of it.
On the other side it was contended that he only recev.
ed 1t as pledge without directions to SELL and having
only used the expression above mentioned pet he
was not bound by It, Tie Court left 1t to the jury to
say under all the circumstances whether he was or not
il they thought he then, theyI ought to give
defendant credit for it, il not they should Nod ver
dict for the defendant for tho agreed upon by cou
par. Scaled verdict this morning. For plaintiff. Mr.
Fanchsr for defendant General landlord aud Mr. Billing
SUPERIOR CovRr, Feb l9-Bsfore Chief Justice Jones'
George II Ham vs. Nsth1 Kent-This was an action
the to recover damages for breach OF contract
II alleged, the part OF plaintiff that in February,
ls4s, the defendant, who is lumber merchant sent
for plaintiff, and said he wished to engage him as a
clerk and offered him Ave hundred and Ay dollars
the plaintiff refused and said he would not take less than
$50 month or $500 year. ultimately the plaintiff was
employed and on the It'll Of March following entered on
his employment as bookkeeper in the defendants
establishment At the time Of making the agreement
the defendant said he intended to enlarge his establish
ment ana to enable him to do it would be necessary
for him go the western part of the State to sell out
his farm sand sto sprocure his Sson to attend to his
city after the plaintiff had entered in his employ ment and
remained away until June During his stay IN the cou
try he wrote to plantis stating that ne mad succeed
| lot Of lumber 10 Albany, which would enable him
on his return, to carry on his business On on
and soon afterwards discharged the plaintiff who nov
seks TO damagss and also his wages for the ba
was no such contract entered into as that alleged by
plaintiff; that he was only engaged by the month and
that after the return OF the defendant II ne entitled MN
self to it, he would get interest in the concern or
part of the lumber SELL and that not having done so
the defendant discharged him, as he had right to do
having paid him S60 for the time he was in his employ
ment. After tho Jury were out about three hours,
found they could not agree, and were discharged
For plaintiff MIR. Willett; for defendant Mr. j. Brady
CoMMor Pleas, Feb. 19-Before Judge IDgraham .
Bernard GaLasan Us. Eugene Kstelias and Wm H. DO
sardus-This also action Of the case to recove
damages for an alleged respass The defendants pro
at law Against the plaintiff by the name Of Der
nard Gallagher, and obtained a Judgment against him
They afterwards fled creditors bill upon the judg
ment and procured to be taken pro eonfesso obtained
the usual order referring it to master In chancsry an
to appoint a receiver and finally, upon the master
certificate of the nonappearance OF painth before him
in pursuance of order, they obtained an attachment
against him. and caused him to be arrested The defence
set up was that the plaintiff the actual debtor of the
aud that the only rreguarty in the proceed
ngs was the misnomer; which turned out to be the fact
and the jury very properly gave him six cents ds
IMAGES
CouRr OF GENERAL SESSIONS, Feb. le-Before Recor
der Scott, and Aldermen Brady and Walker. John Nc
Keen, Esq., District Attorney. Trial Of Patrick Gala
gh2n esnciudedAt tho opening of court this morning
the trial of Patrick Callaghan on charge of stealing
$72 in silver con the property OF James Hanlon,
resumed and the defence proceeded prove in evidence
than Hanlon short time prier to the 20h tried to Dor
So from policeman for the purpose, as he alleged
to purchase ysters with; that Hanlon some time
after preferrng the complaint against Calaghan the
former sent word to the latter that II he would givs
Sill 10 settle the matter between Them there would bs
trouble about it, that the accused refused to pay
anything more than the amount due by him fer board
the defence also proceeded show that the eccuood