The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-12

SUPERIOR Counr, March ll.--IS BANso- DEcIsIoSs-
instituted to the value of SO shares of Erie Rail-
road stock The plaintiff through his agent, borrowed
$4,000 from the defendant for which ne gave MS note
rion with liberty to sell not redeemed plaintiffs
agent the a6h December (Which was very soon efter
the loap) called on to take up the note and
requested him thu stock; the defendant put
the matter off until 10th December when the agent
ter. 1t however, further delayed until the Sd Of
January 1885, when the Erie Railroad stock rose in the
market to SIS cent on this day the defendant oner
ed to transfer stock of tho Erie Railroad and
as he alleged equivalent to the other stock, which
in conradisnctien called consolidated stock and
1t appeared the former stock only selling u the
market at 81 per cent per shsre this arrangement the
plaintiffs agent refused. Suit was then brought and
verdict was taken tor the PLAINTIFF subject to the deci-
sion Of thu court This question IT, whether that
verdict shall stand or not. The defendant held SIS
pledges and he could not dispose Of the stock until the
plaintiff violated his engagement but 1t commended
on the part Of tho that the note payable
demand and that therefore he had right to sell
that the plaintiff entitled to reasonable notice;
contrary rule would in its operation be destructive Of
the general interest OF 1ne pedser verdict ooenr%,a
psmy This suit was brought on policy Of insurance
Tor $4,000. In December ls45 the ship New York, on
which the insurance effected. rallied from this port
for London and In February 1896 ehe sailed from Lon
don to Charleston; after being out five six days she
experienced bad Gather, but serious accident
Cured until March, when she sprung leak and had to
go into Fayal By advice Of the American Consul the
vessel was surveyed BY some American chip masters
then in port who reported that they found part
of her tmbers rotten, and that che otberwse in
ured and could not be repaired in that port and
OF opini0l that she unseaworthy. On the 9th Of
April another survey made by the Portuguese
thories, by order Of the Consul aud they eftsr de-
scrbing hsr condition, reported that could not be
repaired at Faysl. and that she uDseaworthy. To
bring the within the rotten clause in tho policy
as TO discharge the insurers from all liability An
mixed OF rottpness must presented court
here that Ia not made out by either Of the surveys
We therefore Of opinion thatths verdict must stand
Judgment for plaintiff
.4spinpaLI ct al ads. Oakley Leave to amend bill of
exceptions.
Hamm md rs. Mclaughlin Same cs. Pregnet-
Judgment for defendant.
COMMON PLEAS, March llth-Tn Banco. -DEcisoss
Feagan Douglass ID tfendant discharged common
bail Goats to abide the event Bogsrdus vs. Hart
Appeal dismissed without costa. West Lufs-Motion
force confrrnsS with costs Foster Andrews ct al
Motion TO ret aside inquest terms but II terms
complied wi h, motion denied
CouRr GENERBL SESSIONS March ll.--Before Re-
cord'r Scott and Aldermen Pursor and Gimartln John
Mekcon, Esq District Attorney
"A, guiif,d The trial of Edward Warner, Jr, on q
charge having obtained 500 worth of goods by
OF false pretences from the firm of Benedict ROCKWELL
hardware Merchants, concluded this morai1g and
resulted In the jury returning verdict OF not guilty
CoURT CALESpAR roR MONDAY. Common Pleas, lst
part o. IL ID, II, %, ~, 3d. 49, Al. ID part-64
los, ZIG, l16, 2, 4, 10, 36, 40 az, 1919.
On CooLIpeEs TRiAL will be had before the supreme
Court to commence It's session in this town Tursdey
nexF IL In understood that Mr.. Williams, Of water
VIE, the witness account OF whose Illness the tal
vas postponed has 70 far recovered ~ to be able 10 at
tend --'f"g"'td tMe } .sge, March IT,