The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-14
Law Intelligence.

UNITED STATES CtncUrr COURT June 13.-Present
Judges Nelson and Betts.-Tho Adjourned session Of
the court was commenced to-day The trial Of Geo
Z. Greenwood indicted for the murder of William
carlyle, on board the ship Colonel Tayloe," in
March last. postponed until October next Tho
Court then proceeded to hear motions in patent
CouRr OYER AND TERMiNER-Before Judge Ed.
wards, Aldermen Kohler and Adams Indictment for
Murder-The trial Of Jacob Halter ind cited for the
murder of Patrick Coogan on the 10th of April last
in the Fourth Avenue was put of until next term.
The Court then adjourned.
CiRcuIT CouRr.-Beforc Judge Edwards case
John Doe Us. Richard Roe.-This was an issue sent
from the Supreme Court to the Circuit Court, to try
whether Benjamin Taylor, Esq Of mi I'D
when he executed his will 1t appeared that MIR. Tay
lor was twice married. and had by each of his wives
four children; that in 1S43 at very advanced he
made his will by which he cut off the children
of the second marriage, and of the chill
dren Of the first marriage after his death the persons
beneAciay interested under the will lodged it in the
Surrogates Office for probate Proof of 1t opposed
by his widow aud her children and by Mrs Timpson,
his daughter by his first wife, and her husband
after considerable litigation, probate granted
An appeal taken to the Surrogates decision, and
the case now comes up to be passed upon by jury
Adjourned
SUPERIOR Counr-Before Judge vanderpoel-M
Choir Kramp George Barclay and schuyler Lipings-
ton.-This was action the case to recover dana
ges for % of goods consisting of guns, pistols
plaintiff, Belgian merchant, sent the goods in ques
ton, with large quantity of wooens, to his con-
at the time, pledged the former goods to the defend
ants for the freight and other charges, and handed
them over the wooens for sale, so that to the lat
ter the defe ndsnts became factors the plaintiffs
synee at tho same time directed defendants to effect
nsura the hardware for three months, which
was accordingly done, but was not afterwards re-
moved The defendants store, with all the property
therein was burned down by the great lre in 1876
The plaintiff now seeks TO recover in damages the
value Of the goods about $500. alledging that his
consguee directed the defendants to renew the poll
cy, which they neglected to do. The consignee
examined at great leugth-he testified that after the
policy for the three months had expired. he called at
defe ndans' store, and had conversation with Mr..
Wilson, their cashier bookkeeper who told him that
they effected that po
Icy ted the store which covered all the goods
in 1t; he then went away without giving any instruc
tons for n reinsurance. The dsfe ndants counsel
moved for a uon-sut on the ground of variance be-
tween the proof and the decaration 1t being averred
in the declaration that plaintiffs agent instructed the
defendants to renew the policy the proof being that
he merely called, and went away without giving any
Instructions and therefore, the averrncnt not
tanned. The plaintiffs counsel replied that their
agent called for the express purpose of having the
policy renewed, and that he mised by Mr. Will
sons statement believing from what he told him, the
goods covered by the general policy. They fur
Their contcnded that defe ndants had not complied
the instructions given them, by efcctng a special po-
Icy for the three months but had the goods during
that time covered by the general policy. They also
argued from the evidence that IL the practice
Of the defendants to effect special nsurance and that
even the instructions were expressly given to renew
the policy they would not be complied with but would
bs left to DO covered by the general nsurapcc and
therefore the ought be held responsible
acknowledgement to be renewed tomorrow, (this)
morning.
William C Coda and Taos R 81. John rs. the Pre-
siden Directors and Company efths Merchants Bank =
This was an action To recover SloOo the amount OF
check purporting be drawn by bank in Cleveland
Ohio. on the American Exchange Bank, in this city
The check was sent to the Rutland Bank in Vermont
and from thence to the Merchants Bank. in this city,
for collection The check not paid at tho Ameri-
can Excha pge Bank and the def ndants put IL into
the hands of their notary to be protested The plain
tifs were the correspondents Of the bank in cleve-
land. and Mr.. St John happened to be at the Mer-
chants Bank after tho check was sent to the