The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-24
NEW YORK. SATURDAY MORNING. JUNE a. 1S4s
Law Intelligence.

Law Intelligence.
| CoURr OF ArrEALs-Ths trib nal commenced its
session in Rochester the Goth inst. The following
Judges present, viz Hons 4. q. Jewett, Chief
Judge g. c. Bronson, Chas. IL Ruggles Addison Gar
diner, Samuel Jones, VIM. B. Wright, Thos. A. john
son Col. A Newton, Crier J. G. Brown. Sergeant
at Arms The following motions were disposed of -
Wells plaintiff in error Wilson. defendant in
! Motion by Mr.. B. w. Franklin to put the
calendar Granted parte. Clarke VS.. Gardner,
implicated, &c-Motion BY Mr. T. J. Chase, for de-
Tucker was heard for plaintiff Motion granted, with
out costs Bliss, appellant, vs. Sweet ct AL respon
de1ismM9tion Of MT $ Osborne for rsspondents
was heard for appellant Motion granted with costs of
the appeal and of the motion to be taxed Sprague ct
al, plaintiff In error VS. The People, rel, The Trus
tees of the Village Of Williamsburgh defendants in
error-Motion by Mr.. Homer. II. Stuart, for defend
ants in error quash the writ Of in the case
calendar was then argusd-Bossrt plaintiff in error
plaintiff in error, Mr. B. W. Franklin for defendant in
error. No. 3-Wilams, ct al. appellants VS. The
President sc. Of abe Bank of Monroe respondents
| june 2l.-No The President, &c of the Cayuga
County Bank plaintiffs in error vs.. Franklin L. Girls
void ct al defendants in error.was the only cause
argued to-day The court went through the calendar
| down to No 16, without any action From the small
attendance of counsel it is supposed that the term
will not continue long.
\ SUPREME CouRr-Present Justices Shan kland Grew
&c.-The People en- REL Prime Ward 4 Cc rs. The
Jefferson County Bank.-Abeut six months since the
q
warrant to issue against Prime, Ward & Co., under
which they were arrested The case was afterwards
brought before Judge Edmonds by writ of habeas
Pus and the discharge Of the parties claimed the
ground that the affidavit which the warrant issued
was defective, and did not give the Judge who granted
1t Jurisdiction Judge Edmonds held that it was sui-
cent, and denied the discharge. The case was then
brought before the Supreme Court, by certiorar and
argued to-day at considerable length. Judgment
served.
CIRCUIT COURT, June 23.-Ei Wall Us .45ner H.
Francis and james Garrett This an action to re-
the amou of four promssory notes. less
$500, which plaintiffs admitted to have been received
The defence was a compromise but the defe ndant
failed in proving that 1t carried OUT and the jury
found verdict for the plaintiffs of $S41 One Inquest
then taken after which the court adjourned no
business being ready
SUPERIOR CoURr, June 23-Before Judge Sanford
Cortland Palmer Us Erdstus Whimore.-This was an
action to $175 quarters rent The defend
ants sister took lease from plaintiff Of the house,
No, S52 Broadway for two years, from the LIST May,
!S47 and the defendant became surety for the rent
Miss WhitmOre went into possession and paid the
quarters rent which fell due the LIST of August fol-
lowing She left shortly after and the suit is brought
to recover the quarters due at November last The
defence set up was eviction by the Landlords it
shown that he commenced building hotel in the
of the plaintiffs house; and that from excavating in
the rear of plaintiffs premises and the noise and dirt
made:by his workmen and servants, plaintiff was dis
turbed in her possession, and had to leave The jury
| rendered verdict for 500 for plain tiff.
Geo. a. Wasson Us. Adam Smith.-This
to the note was admitted The defence was that plain
tiff owned property of the value Of $1,000 subject to
mortgage of S1lOo that he assigned this property to
his creditors of which defendant n security
for their debts, and that the assignment contained
covenant to re-assgn upon being paid their demands
that they neglected to pay the interest the mort
gage and allowed to be forccosed and the property
Sold Plaintiffs counsel commended that the contract
was broken by the creditors inasmuch as they allowed
the property to be sold by of which 1t could not
be reassgned to the defendant according to the
of the assignment and therefore the plaintiff could not
recover The Judge held that tho contract between
the defendant and his creditors not discharge,
and that the MORTGAGE had right 10 forecose and sell
the mortgagcd premises AMI directed the jury to find
for plaintiff Verdict accordingly.
COMMON PLEAs-Beforc Judge Ulshocffer- Her.-
berg u.s. Darid M Peyser.-Ths action
implied assumpst The defendant is German import
and employed the plaintiff bookkeeper, at 5000
Some months after the defendant sent him to Eu-
rope purchase goods; he remained away We months
and purchased goods in England, France and Germa-
NY for him, and had them forwarded this country
| on his return he insisted having $500 year: the
recover for extra services travelling agent &C On
the part of the that the plain
tiff had hired himself for year and that the defend
ant had right to avail himself his services in any
branch of his business and that he allowed him liberal
expenses while in Europe. The Judge told the jury
that If tn plaintiff specially employed a book
keeper, the defendent had right to employ him in
any other department Of his business and if they be-
lieved he was employed then they should estimate
the value Of his services in any other capacity accord
ing to the evidence produced before them Sealed YER
dict tomorrow (thiO NOR ming.
GENERAL SESSIONS, June % Before the Recorder
and Aldermen Crolius and Hatfield John McKeon,
Esq, District Attorney.
Burgiary.-John Fry put forward trial, charg-
cd with having orcby entered the house of Mary Jane
Mcdonnell residing in First street in April last, and
stealing therefrom some wearing apparel
MARY JANE McDoNNELL sworn. testified that she
lives at NO. % First street. 23d OF Ap she left
her house, and returned, when she founi me door
open three dresses and black cloak stolen
of her property at the Fourteenth WarI Station House
GRACE Pryor, of No. 10 First street, remembers
the day the house was broken open; lives opposite
the house of Mrs. MCDONNELL two men the day
of the robbery stop opposite and open the
McDonnell's house; both enter the house; it
between two and five O'Clock in the day. both men
out of the house. and saw one of the men come
out with bundle under his arm; the prisoner is
of the persons saw there; was attracted by his ap
pearance, because he seemed so very young.
In her cross-examination, witness testified sup
posed that prisoner going in to the family that
were living up stairs; the other that went in
much older than the prisoners it the older man
that had the bundle under his arm did not both
men together, after the man with the bundle out
of the house.
Officer testified that he found the property at
Mrs Doyles an old receiving store in Water street
He asked her where she got the property she told him
she.got it from Der husband, one Of the who has
been arrested on this charge.
Officer JEFrRIEs testified that he arrested the pri-
soner In Suffolk street, between Rivngton and Stan
ton He came OF at once with witness. Brought him
to the Police Office, where prisoner at iden
tifed by Of the ladies who had been just exam
ined. Josephs was not officer Mt the time Of pri-
soner's arrest he was not elected at that time.
Officer O'BRiEN testified he found the cloak in
store at Of Roosevelt and Pearl streets at Adolf
phuss pawn-ofce. The house in Water street
ferred to by officer Josephs, was rum mill" laugh
tcr)
The for the prosecution here rested, and the
count charging burglary was abandoned the District
Attorney combining the charge to that Of larceny
The jury acquitted the prisoner
.drson.-John Ludy put forward trial
charged with in the fourth degree in attempting
to fire the workshop of Michael Donoghue, wheel
wright, in the 9th avenue.
MICHAEL DoSocHUE sworu--testfed he the
blaze on the night in question, as he living
close by and the prisoner running away.
After some time the prisoner returned, aud wit
seized him Prisoner the Saturday before took
up pail ont of which n horse feeding witness
osk the pail and then the prisoner threatened that he
would set fire to his shop There property in his
shop to the value Of 500 belonging TO himself there
other property the Of $3.50 $500 straw
and other combustible matter lighted saw pri-
soner run of. The defence put in that the pri.
told witness, spark from his pipe had caused
the straw to ignite the stove. The jury found
the prisoner guilty.