The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-11
Law Intelligence:

and adjourned until tomorrow (ths morning) at 10
o'clock.
SurnEsiE CouRr, JuLy 1o.-SrEcIAL TEnM-Before
Judge Edmonds. -DEcIssoNs.-C Caleb H. Mason ads.
Francis J. Characterization to set aside verdict which
had been taken in the absence of of the
witnesses Denied because had not used due
diligence in procuring his witness in making his
motion and because it does not appear that he has
any meritorious defence.
inn Grange Us Romer c. Wartendyke Motion for
commission to take dispositions to be used on a spe-
cal motion in suit in equity. Granted.
james r. Soultsrs and others Us. Jeremiah Jackson
Mt ton TO set aside Great. Denied-a defendant
siding in New Jersey, though doing business in New
York being liable to arrest thereon and bound to give
equitable bail.
Samuel E. Lent and others ads. Geo. Schon-On
motion to quash writ of error because all the defend
ants in the judgment below had not united in bring
ing Ordered that the other defe ndants join in
twenty days, the writ proceed without them, and
they be forever precuded.
Elisabeth Priichard ads. Jose M Decentralization to
dissolve injunction denied The question of fact on
which the relief sought is founded being disputed.
and the Court being unable to reconcile the
affdayts, the injunction must be retained until
trial
filed TO settle inesate's estate The creditors not
made parties but compelled to in and prove their
demands, which contested entitled to the cost
OF doing so. Motion to pay costs Of Orphan Asylum
out of the fund Granted.
Samuel Pu,mor and Hart,oig Stick, ads. .adoiphus
Dobbin Same ads. Isaac Leocy.-On Judgment
against partners partnership debt where the pro-
was served on only one who signed cognovit
motion to set aside judgments and executions against
joint property Denied it not appearing that there
any defence to the actions or that the partnership
dissolved.
James Fellows ct al Ell Veil This was an action
of assumpsit brought by the holder of promissory
note for S147 against endorser 1t appeare from
the testimony in the cause, that named
Levinhold purchased goods from plaintiffs to the
amount Of the note, and mentioned at the time that
he would make the note, and procure defend
dorse it. The note was accordingly drawn by plain
tis clerk He then called the defe and asked
him to endorse the note, agreeing at the time to
anHn Hha1 afu ,Aa,t 4.
note but told Levinhod he could not then do it. aud
desire him to call again Levnhold called scond time
back the note which he took to the plaintiffs and OBJ
tanned the goods. For the defence the defendants
brother was called who swore positively that Levin
hold called upon him. and said that he had been with
the defendant and requested him to endorse the noe
that he refused. but said that his brother (meanlng
the wtness) might dorse it; advised him to call
on witness, and ask him to do it, That he thereupon
asked witness to do it, that witness took the and
wrote his own name upon it, in Levnholds pre-
sence. The cause was theu summed up; and after
charge from the judge the jury found verdict the
plaintiff, for the amount claimed, with interest
Harrison Barbour Us. Thomas r. Ha,ney.-This
action for and occupation of part of house.
No 2221s Bowery The defendant leased from plaintiff
the store, back parlor and cellar from the 18th Oc
tober 1896 to the 1st May 1S47 the rate of $500
About week before the LIST May he left the premises
The defendant pleaded accord and satisfaction, and
called his soninlaw and daughter to prove that pre-
vous to leaving the store he entered into negotiation
with the plaintiff to surrender the premises that
the latter agreed to accept such surrender and lot
goods, consisting Of toys, inventory of which
made out with the invoice prices marked opposite each
article, the value of which, according the invoice
price, amounted to S02 for the due and that in
pursuance of that agreement he delivered up
sion left the goods in the store The Judge told
the jury that the only question in the one of
fact that if they believed the plaintiff entered int the
negotiation and accepted the goods, although they
not of the value Of the rent claimed they should
find verdict for the defendant. The jury fou nd
verdict for defendant The first witness called on the
part of the plaintiff the defendant prove his own
Signature to the lease that he took under
and continued in possession until week before the
first of May After his direct examination was finished
his counsel asked the Court he could examine him to
new matter. The court intimated that ne might ex-
mine him to all matters pertinent to the issue that is
that he at liberty to put such questions to him as
he could put to any other witness that might be exa-
amined in the but he did the plaintiffs coun-
sci might call his lent to the stand and examine him
to the same points. The defendants declined
and the witness left the stand.
Common PLEAS June 1O.-There were only two un
important note cases tried in this court
GENERAL SESSIONS, July 10-Befors the Recor der
Alderman Downing and Carra
False PrefenceS.-The trial Of Honeywoed Benson.
on the above charge was resumed.
ARCHIBALD L. BROWN, one of the firm of Berren
and Blown the prosecutors was placed on the stand,
and corrobo1ated the main facts by his part
ner Berren in relation to prisoners having called and
aec the sale Of the bond and mortgage already re-
ferred to, with the firm and obtained the goods under
fraudulent pretences After some brief argume mt be.
tween counsel to the true construction of certain
clauses OF The statute having reference to the and
also in relation to documentary testimony put in,
ORLANDO WARREN was sworn and testified. that
about the last Of February he called upon by Cox
with bond and mortgage for which he wanted to OBJ
tain goods. That he accidentally had learned that
Berrien and Brown had goods for sale on bond and
mortgage; called Berrien and Brown the subject
would not take any responsibility the subject then
introduced MIR Cox, and afterwards learned they
a trade; saw Cox point out the property in Utica
Benson called on him several times during the nego-
tiation, and told him ut time they near con
Guiding the bargain; that the mortgage his; and
manifested considerable anxiety about the matter
He asked me what terms Cox agreed to give in order
TO compensate me for my troubles told him the terms
varied, but he at last agreed to give 500 the
property; this he was dspleased with and said that
there were 30 many claims already, that himself would
have nothing when the property would be divided: he
asked ne how much money would take asked him
to show me the money and would tell tim how much
] would take
Cross-eaGmincd-I am at present an auctioneer
residing at No. 81 Ann street, and sell furniture, gro
ceries and nything can lived in Broadway, and
bad a partner the same business carried there
in my name was not bidder in any of the auction
eer stores in Broadway in my store In Broadway
watches sold, and also old clothes. Letters from
witness to Cox here put in and admitted by which
ii appeared that witness accused Cox of not pointing
mp" and that he was too long winded to suit him.
thereby meaning that he had not paid up The prose-
cutioD here rested. and
JoHN r. DAY, a lawyer, was placed on the stand and
testified that he had duly prepared the bond aud
mortgage for Cox who owed him $780, and did IL in
professional way on instructions.
The defence relied upon the whole Transaction as
perfectly legitimate and in the ordinary mode Of deal
ing attributed the error II any, to Cox by which
the prisoner could not be held, the property
certainly In Utica, and fraud was intended by the
prisoner. 10 further the duty Of Berrien aud
Brown to about the property before they disposed
of Their goods The case was given to the jury, who
found the prisoner guilty.
Forfeited Recogn sonces Walter Leonard, who had
been arrested charge of grand larceny not having
appeared his recognzances were forfeited
Courr CALENDAR ron THs DAY-Circrat Court
II, 10, IA IG 90 Al, 45 AZ 90 Gl 70 to 81. Common
Pieas-125 to 1856, 1877 TO l42 ., 8, 9.
ARMY INTELLIGENCE The bark Victory arrived