The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-27
Law Intelligence.

G. Jewstt-The court met today. No IL wes re-
sum,d and concluded No 10 was next taken up Argu-
ment not concluded when the court 3D. burned
CoURr OF ArrEAIs, April 26-Present, Freeborn @
Jsw.tt Esq, Chief Judge &o-No. 10 was resumed this
adjourned
CouAr OF ArrEALs, April 40 Present Chief Justice
srrer vs. Thoms. ct a. defendants in error This cas-.
was rubmitted upon printed arguments and points The
cass Of Brewster Striker, No II Argued yesterday
Involving substantially the same questions No ~ =
Do Peyser at oil plaintiffs in error, Winter defendant
Ia error Argued. Crofoot, plaintiff In Crane
defendant In Motion by defendant In to su
persede the writ of in this granted with
costs by default. April 26-No 2o.-Csed and passed
No 2lMason appellant. vs.. JONES' ct al,
called and reserved until morning. No. ~
Hughes ct al PLAINTIFF In error Hone ct al recsiv
rrs 70 % IN error s%oms M "snSu. sTEu
argued. No 80, called and reserved No. "a, called
and passed No 25Moore appellant vs.. Des Arts, re-
spondsnt, argued.
CouRr OF APPEALS, April % . Present Frssborn @.
Jswett, &o-Court opened. No ~ called aud argued;
Judgment reserved No. 25 called argument commenc'
ed, and soon after court adjourned.
CoURr APPFALs --Decisions IF April Term, ls48 -
The Mutual Insurance Company Of the city aud cou n
~ of Albany, plaintiff, in error W Nicholas Conover
defendant In Judgment sffi med Roberts Rey
nolds plaintiff 10 error. Henry Mynard, ct al de
tsr dsn,s in Judgment affirmed John Rowland,
Judgment affirmed. Reuben Mattison, plaintiff In error
suie Bsucus dcfendsntin error. Judgment affirmed
M.ps. IL
Chauncey Dexter ct al PLAINTIFF In error W Amos Ad
ans Sheriff &C. defendant in error-Judgment affirmed
with double costs. Simon shndlcr plaintiff In error
Iesao Houston, dsfendsnt In error Judgment re-
vsreed and penre de by Supreme Court costs to
zabetA Kingman, defendant Ia acknowledgement
versed and v'nre de by Supreme Coar costs to
abide tho event Joseph slocum, appellant. Joseph
P Mssher ct al respondents Decree affirmed Royal
Villas ct ALL appellants Vs. Tim thy Jones ct al respon
dentsIDsorse affirmed. Cornsis Dodge, app:l,ns, vs.
much Of the Chaucellor's decree Diminishing tho com
painants bill as to the defendants Manning, Becker
nn~1 hat aNdod favAn I'D
that the complainant's legacy is specific lien and
charge all the premises mentioned in the bill ha.
which purchased by said Manning, Becker Boyd
respectively at the masters sale mentioned In the plead
has exhausted her remedy against said John B. Borst
under the decree made by the Chancellor any dencen
Sy shall remain Of tho debt and COST to be Paid
and charge the lands purchased BY said Mamma,
Becker Boyd respectively and that the samo BIO sold
to satisfy the raid charge.
C1RcuIr CouRr, April "a Before Justice Hurlbut-
Carpenter Sheldon Frseland, Pearson and others
This GAUGE was resumed this morning, and four wit
adjourned at o'clock
CI.ovIr Covsr, April as-Beior. Juag: Hurlbut-
resumed this morning. The direct and GROSS examina.
ton of witness occupied the entire day 1t is said
the evidence on the part Of the plaintiff will be closed
CIRcuIr Couar, April 2e.-Before Judge Hurlbut-
Carpenter vs. sheldon ct ais Cause rssumed the evil
dence the part of plaintiff not closed whom the court
| adjourned.
SUPREME CouRr, April 24.-speoal Tsrm-Bsfore
Judge Edwards-D.cisons.- the matter IF the .ar5i
traitor betpeen Joseph Ritchie aud Rsb, Dougiass.
The sdavits do not establish tho noompetency Of the
arbitrator nor that h. has been guilty Of partially mis-
sufficient ground for setting aside the award Molten
denied With costs.
Motion for receiver Of the property covered by the
mortgage to the defendant, Carey, Is denied
Theodore +. Strong vs. Matthew Chambers e. aIMo-
ton for receiver granted The Injunction to continue
90 far ~ It restraias the defendant from fur
Their binding the coparnershp funds dsposDg of the
James Boyer vs. Ps,I a. Rssd-Motion for receiver
denied; costs to abide the event.
Henry Coltonps. Hannah W. Celton.-The defendant
must have allowance Of 6 week for temporary alimo
n.y. and order must be entered extending the time to
ten days after the coming and confirmation
Of tho report Of he referee The molten to char &c the
referee IL denied.
| SUPREME CouRr, April 24-Present Justices Hurbut
street in Lexington Avenue, from sst street to 42d
street. the commissioners report was presented and
confirmed after which tho court adjourned to the nrst
Monday In May
SuPERIoR CouRr.-Before Chief Justice Oakley
stoctbridge Us. Carpendar-This was an action on n
promissory not- for $2oO Defence want of consdera
ton Verdict for defendant.
p. b GuernseyUs j. j. Syluester-This was an &C
ton promissory note for 81 sos. The defence in
this action was also want of consideration The plain
tiff consented to nonsuit.
Before Judge Vsnderpoel-Philsfu, Fuller vs Thomas
W. McLeary This was action Of assumpst, to
cover $50 the price of lumber alleged to be sold by
plaintiff to defendant Defence, that the lumber
that defendant became security Sealed verdict to-
morrow (ths) morning.
surEnron Counr, April 20-ElJah COBB Us. .ausus.
fus CoI,onAction contract for nondevsry of 1909
bushels Of wheat pursuant to contract Verdict for
plaintiff, $50 IS
Sampson Carass ". Stephen Johnson and Robert
LoDdsn Action on the case, to damages for
injury sustained BY six plates Of glass, The plaintiff
resi-. RESIDES sb "a S m ana ts "a ASA
pute On the 81 Of November, ls47, Noel Decourcy,
put them on board schooner, called the Michigan,
hv dafs IN ri anftW
made Que bill Of adng and gave to the Captain of
the Michigan, which was afterwards transmitted TO
plaintiff; they were packed In den case, and dree
tons written it how they were to be slowed Upon
delivery in Baltimore II was found that the glass was
fence WAS that it was an inevitable .ccd-nt for which
tho defendants were not accountable IL was, there
v, " no
The judge charged that the of Law is, that pro-
perty delivered to common carrier to be transport
ed to given placs and that 1t Is shown to be delivered
to him In safe End sound condition, and II II be de-
ivered by him In the like condition, he is bound to
Therefore it seems to him that If the jury be- satisfied
that this glass delivered in sAfo and sound oondi
ton on board the plaintiff vessel and there is DO
doubt but that it was broken when dsv red ct BAimors
the defendants responsible unless they how It
was broken they do not the aw nters that the injury
arose from some negligence Of theirs Sealed verdict
to morrow morning.
Ja.ns Ward Us. Jos,ph J. Van Bme,.-verdict for
plaintiff, $500
SUPERIOR CouRr. April 25-B.fore Chief Justice Oak
ley Caroline Bud ps Catherine KuduG. Action for
SANDER The defendant charged the plaintiff with hsv
ing stolen $40 from her There defence, and
the jury found verdict for plaintiff for $50
Muiock vs. Backhouse Trial by the Judgs-Acton On
check for $3.50. The check was given for ferry
license. Verdict for plsintif for $755.
Hsnry GrumeH ct al Us. Edpard Mann Action on
two bUs exchange for f530o and the other for
f3l30. The defsnoe was that the bills were not pre-
scented at Glenn Co q Bank ia London, whore they
were made payable 1t was also shown that the pro-
cseds OF nour deposited with plaintiffs collateral
rity were recsived, which reduced the amount due
the bills sles57 Verdict for plaintiff for that amount
subject to the opinion Of ths Court the point raised
by defendants counsel
Loughman Us. Lyneh-Action Of replevin for horse,
wagon, and milk Defence, that the property
in . third person. Verdict for plaintiff
Before Judge Vanderpoel -James Wood ps Joseph j
paaberen-Actoa Of trespess to recover damages for
injury done 10 plaintiffs house 1t appeared the plain
Till ia ls4i became owner of q lot Of ground In Amos
street, upon which he erectsd dwelling house. The
defendant vas owner OF the adjoining lot, upon which
ond Grrlain