The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-29

Couar or ArrrALs, April as-Preseut Fresborn @
Jewe,t Chief Judge, &c-rhs Court organised at the
usual hour No ~ was resumed and finished before the
Cour. adjourned.
CIRcuIr CoURr-Befors JUICE Hurbut--Mr. Justice
Harlout was saddenly taken I'll sbous IL o'clock to dsy
the Court until tomorrow (this morsing) when It 10
hoped he will be able TO resume bis dut es
SUPERIOR CovRr---Bsfors Chief Justice Oakley
Ihos u Woy Us Christopher uu,ray-rhis
action on bill OF exchange drawn on London for f220
The bill was protested for pay and sent back
" . s County Inc principle ground OF defence was
Snnt OF dus noco TO The defendant here after the srr
val OF the bill Upon this point tn. testimony wa, con-
hotng the plainti's witness swearing that gave
tce OF the protest the 22d 23 Of November
whils the defendants witness that notice was not
given until the gath WHOM would be day too lste IL
Was also ojscted that due -ncs was not used in DE-
msn"ins payment Ia London ana In sanding the bill
out here atrwsrds His honor ohsrged that In or
10 recover psntn must prove several things The bill,
appssrs' was accepted but payment was refused Tn.
plaintiff must show TO your satisicou that 1t was pre-
seated In due tm' and payment refused At present
think the evidence Of demsni and Guiding the bill
h.re sumsi1nt Tue next point OF the d-fence is AZ
40 ice was not given to dssn1ant here due sen
son The rule OF law on that poiut is that notice must
o' sv-n on tn- Day OF tbs arrival OF thu vssse the
day alter II you believe It given on the ~
sworn to by tn p inns witness. this was sufficient no.
tice; but IL accor tina t. the dsfudsnt witness notice
vas rot given until Wednesday, the 24th then it Was
day too late II you should to the last conclusion
there another question you to consider which Is
ts tnat the defendant knew the fact OF the dshonor
OF the oul through any other source and that wing
tn" fact he promise to then he is bound BY his pro-
John Bogart rs J HawkIns-This action on
Promssory note for $780, The defence stated thai 1t
vas an sccommodatio note given to person named
uAsecao, Tor which no consideration gwen II
shown that the note given Hssead raise money
on ~ that hs gave !. to man named McCloud TO get
t discounted and that the latter sppsd i, 20 his
use The plaintiff however, proved that he WAS 6.na
de holder for valuable liberation The jury found
verdict for the plaintiff for $l7Ol6
b fore Judge Vsndsrpo.l- Ernest Fielder ps. Dani.l
GiIma'tin and others This was an action to ecover
sS2s ~ In March, lsa7 the defendants entered into
= tk> n1~ E~- -
Of boxes of orapges then thsr passage 10 the
brig hswe Fielder from the port of Palermo In Sicily,
90 tn port at ~ 70 per box the agreeing
psy thousand dollars down the re N sinder on the ar
rival OF the vessel and to take the oranges whether
TOT On or but case they proved to BE- unsouud
te plaintiff to hand to defendants such part the
DUTY a. should be remtted at the house. and II
he vessel was lost at the plaintiff should refund the
900 Upon the arrival of the weasel oranges
examined and found to bs seriously damaged that
feodant directed plsin'if to sell them by ion they
were gy sold and produced sum less BY IN,
sum now sousht to be recovered than the price which
tho defendants agreed to pay for them The defence
set up was fraud, namely, that plaintiff lived
eeer from his correspondent in Pslermo apprisog him
that iron bad season. and confusion in packing the
osrgss thew wore In bad condition. that oasmuoh
ne was possession OF those before the OF
entered into, be bound disclose them to the de-
endants, and that not having TO- tho law would
nIer fraud The judge chsrgsd that this actien was
orouRnt TO recover the amount which he claims to
be due Tor quantity of oranges sold by him to defend
ants This contrast it appears enrersd into with
OUT either parties seeing tbs property which vas at tho
@e OF its execution, understood be its way from
Palermo to this port This contract is PLAZA simple and
un'qofvoosl the plaintiff agrees sell ll40 boxes of
oranges at s. rs per box and tho defendants without
aoy ressrvstnu agree to purchase than The defence
set up Is. that plaintiff withheld Information, which,
communicated, would aomonish the defe udsnts to
inter- into the contract But tho law IT, that every
70 to be held to his bargain, when fairly entered nto
Courts cannot and will FROM sympathy. let of
from their engagements, who fad they have made
profitable speculstons. Such q practice would virtu
ally p>razs I'll he omnercial ,srsons of this great
CITY His Honor, after recspulatiug the testimony
aud commenting upon it, left 1t TO tho jury to say
whether tn. psint did withhold the tbs
latter and secondly theirs anything in the letter
that could vitiate the consrsct Tue jury without
firing found verdict for the plsntd for $l47l, ST.