New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1848-04-10

COuRT APPEALs-Appsal IN the case Of EltSha huot'
StGoey Pitcher, 10 get bsck $500 stakes lost by
Mr. r on race between Lady Suffolk aud another horse
six Or years ago snd paid by hi direction ser the
race the winner He sued IN the circuit Court 70 TO
cover under the against betting bot was un'nc
cassf as he Rad made the order which The akehOder
gave up the money, steI the race The Supreme Court
on spoes affirmed the Circuit Court and farther sPpesl
10 made t. THE Argument was hea d.
SUPERIOR CouRr Before Judges Oakley, vsnderpool,
and Sanford. Decisions:-Henry SDyddnn vs.. Nm b.
Mof-Tbs wss an sction for libel The plea Is put In
hat the words charged were justified they being con
tanned in en- affidavit to bail in suit by Mr. against
defendant aud John MoGat. The court in its decision,
showed that party In suit masiog an eidAvl,, OF
In prosecuting the case, have right - make Is
.rrons witch are properly founded The only per
privileged members OF Congress or OF the Le-
sissture &c. stI party 10 always at liberty to show
that s what the affidavit to be true and
hat with good motives judgment Tor defendant
on demurrer, with the usual liberty :. ~, .,
Fsiir ~ Levy Mayor, Nc. Of Nr- lork-A child OF
psintif knocked down In Chsthsm-st by swine
running at large and much injured that died Action
brought against the Corporation TO recover damages Tor
the loss Of services Of funefs &c on the ground
that the Corporation have ordinance against swine ran
ming large, and bonud To enforce IT, Demurrer
pot in The Court considers that the Corporation is not
liable AZ well might be sued for damages arising IN the
racing OF omuibuses which 10 also against the law The
liable Judgment for defendant 90 demurrer
Lorenzo H. Sykes pitt. IN error DAVID T. Haisfedd
she her husband had separated he having sued Tor
divorced and lived apart with Coal and sued The deien-
dsnt in the Marine Court for the amount but the Justice
there judgment in favor of the husband Under the
circumstances this Court thinks Mrs H. had rlght TO
mainienauce from Mr. H. and the plaintiff could
for necessary articles use iurnseG 10 her She w MOI
nd a residence 10 the house Of relative es
Mr. H. wished her to do. Judgment reversed -,
Coarad Muller plf In SGmue! Betsy ct al dfi
in eror-Appea from Marine Court doors and win.
dows OF old building corner OF Nassau aud Liberty SIS sod
for building at T. asst New ork-J Judgment affirmed
HRry Redby fai pitt in error VS. Adoiph Hagenbeeser
dfdt in srror-Judgment affirmed.
PhiliP Hone et al receivers &C VS. Sy91onm UaId 81
al.-On a premium note for $500. IL should have been
left with the Jury cay whether 1t was premium or
stock ote New trial granted
Merchants Mutual Insurance Go. vs. WDt. ~ H0rNm0n
a GlOn premium note. The jury found IL vas note
capital and there is reason to alter the verdict
New trial denied. -
SIM va JoAn A Unde1soood-On Premium Nots-The
Coor considers the to have been resended by
beth parties. judgment Tor defendant
thniP Hone e al. receivers &c VS. Joha = boga-cn
Premium Note for s500-The Court considers the Com
pauy hound give the Note on the ground
demanded, that they would not he able 70 pay loss
after The fire. Judgment for pls'nnh .
J0scJh Opes Dias PUblc ddntnts' rGtoT.-Mr d. IN
1875 for French merchant in this City named
Nslot who fsiet and V eed that v should pay
40 cent and Mr. ID 90 per cent OF the claims ~hieh
done Mr. v subsequently went 70 frsuce, where ne
died In 1884 very considerable sum fell due 70 MI v
under the French treaty, which taken possession OF
by the Public Administrator Mr. ID sued TO recover the
90 per he had paid the notes Much litigation en-
sued On the last trial the Jury considered The 40 per
cent paid by MIR intended to be in full discharge
and gave verdict for defendant Motion Tor new tria
denied. - -
y1uaes Mont gou,ery ct ais obadiah w. Herbert The
Court considers the agreement that plsntf should take
back the vessel on failure OF any testament snd the
fepdsnt forfeit s he had paid, Il the only remedy that
plaintiff could have Report set aside and reference dis
charged. -
nd gmrnt aside psymentof costs OF default
H. : CIRCUIT Covsr-Before Judge Nslson.-Edpard
r. Woodland w Draper, D'as q Waryea-ro recover
Of lndspb5er goods already referred oNerdiet for de
fend snts.