The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-08-04
Law Intelligence.

SUPERIOR CouRr AT CHAMnsns-Specal Term, Au-
gust 3-Before Chief Justice Oakley Harvey Hart
james Berthe aud another.-This action of
trover to the value Of forty shares of Harlem
railroad stock 1t appeared that plaintiff, in 1s43,
lodged the stock collateral security for notes dis
counted by the defendants giving to the latter op
ton to sell the stock within at the end of week.
If the notes not redeemed. The plaintiff alleges
the stock not sold within the time limited by the
first agreement and that afterwards arrange
ment was entered into between the parties, which
titled the plaintiff notice before the stock Sold
The stock was afterwards sold, without notice ; and
the plaintiff now seeks to the value of it, at
the highest price between the day of conversion and
the bringing Of the suit The defendants set up
three offences First. that the agreement by which
the stock was deposited was equivalent to mort
gage and, therefore, they not bound to give
notice of sale Secondly, that there absolute
sale oft And thirdly If these two defences fall that
at which it sold on the day of conversion 1t
would seem that the main question is, to the rule
by which the value Of the stock is to be ascertared
Judgment reserved
MARINE CouRr, August 3-Before Judge Smyth-
Lockwood as. Isaocs-Ths action for work and
labor The plaintiff sued the defendant for S52 for
work done to his house, under contract Defendant
alleged that he overpaid him, and produced, by way
of offset to plaintiff demand counts of payments
made to him. amounting to $1,000, and verified the
same upon which defendants counsel moved that
the be dismissed the Court not having ursdic
ton, under one of the provisions of the code,
which takes from 1t jurisdiction of all actions where
the accounts in contest exceed $4OO. The cause
of the statute Nor If the matter of account
where the total of accounts of both parties prov
ed to the satisfaction Of the judge should exceed
$400."-Laws, As, title 4, sec. AZ clause f.
COMMON PLEAs-In Chambers-Before Judge Ulshoef-
fer-Habeas Corpus.-In re, Daniel Ba,r.It appeared
that Barr colored man, entered board the U. s.
frigatc Cumberland cook about Is months SINCE in
Philadelphia On the arrival of the vessel here, few
days since, his wife came and caused writ of ha
beas corpus to ISSUE to have him discharged the
ground Of his being drunk at the time of enlistment.
lie brought up this morning but the evidence not
appearing satisfactory he was ordered to be remanded
CASE OF H. J. BURTON, AT BosToN.-The Municipal
Boston m O n sdav nd cd mes
day, in the Of Hazen Burton, charged with OBJ
tanning goods by false pretences; but there no
hope Of concluding the trial at the present term 1t
by consent OF parties postponed till September The
Boston Mail says :"Severa witnesses for the prose-
cution were examined and the case certainly looks
anything but favorable for the but of
the other side remains to be In August last not
long before the failure of the firm the defendant called
upon several OF the houses who appear sgainst him.
and exhibited written statement to the following
effect debts due, which he considered good $S5 000
doubtful, $4,000, and a stock in trade which cost
$4,000; that the firm owed SS5 0O0 but that the ord
contingencies of trade could reduce the pro-
perty Of the firm below s25O that they sold goods
gave credit to any one individual for greater sum
than $1,000 Upon the strength of the above state
ment an increased credit in amount was given him
Mr. rockingham, in his testimony, stated that the
defendants after his failure, manifested reluctance to
go into chancery wished to retain possession of his
books and accounts, and proposed paying rs cents
the dollar, if it could be received Witness told him
he doubted any individual creditor would accept 90
cents without being first satisfied that the statement
fact could be shown not of them would proceed
against him. The Indictment against Mr.. Burton
contains four counts the parties from whom he obtain
ed goods being Messrs. A. A. Lawrence 4 Co, j. W.
Paige Co., s. rockingham, Jr s. Co and Coolidge &
Haskell, amounting in all to about 100000
The LOWELL AnDuC CASE The Jury in the case
OF Mrs. Mead and Maria Pierce, charged with abduc
ton came in yesterday morning at the opening tho
Court and declared their inability to agree upon
verdict. Nine for conviction, and three for
quittal. They were then discharged Boston Mail
august Sd.
DREADFUL ACCIDENT IN PHlLApErpHIA.-
terday morning about7 o'clock, a most shocking
accident occurred at the iron foundry of Messrs
Neil, Matthews 81 Co., at Bushhi by which one
OF the woIkmen, a man named John Gourley, lost
his life. II appears that while some of the work.
men were engaged in hosting a large "chill,"
weighing about two tons, the chain by which it
was held gave way, when il was some twelve or
fourteen feet from the ground, and il fell crushing
Gonrley TO the earth, and manglIng his limbs and
body in most shocking manner. His right
side from the shoulder to the hip, was
literally mashed TO a Jelly, and a large
spike had penetrated the body. His legs were also
much injured, and one of them broken. lie was
immediately cxtricated, and medical aid obtained,
after which he was brought to the hospital where,
after lingering until about twelve O'Clock yester-
Gay, he died The deceased was a man of about
ihniy-iiye years OF age, and resided in Howard
block, between Schuylkill 9TH and sth, and Nor
rls and Tairvicw streets He was an excellent
and industrious workman and leaves a wife and
IN 49, n