The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-18
Law IntelIiRanee. .

CouRr OF ArpEALs, April l7th.-Present, Freeborn
R:e"Th. arsunsns On the writ Of srror, brought
the defendant commenced this morning BY Mr.. h
saudford behalf Of tho defendant and occupied the
until its adjournment The District Attorney will
reply tomorrow.
SUPERIOR CoURr-Before Judge Oakley-John Brais-
ted u.s. m CONFEDERATION of replevin for lot Of goods
taken under an execution. Defence, fraud. The jury
could not agree, and were discharged
Before Judge vandsrpos-S ila' Bushnell Us. Sanders
Broadway, due first of May, ls46; amount $345. De-
fence surrender Of premises and acceptance Verdict
There were two other causes tried, but which were
Of NO importance.
surhEME CouRr-Present, Justices Cady, Willard and
acknowledgement 1erm-No. ls2 resumed and
finished. No. 49, reserved cause, was next taken up
and concluded. Judgment reserved.
SUPREME CoURr-srserAL TERM-Before Judge Ed.
wards-MsgdaIine Nichtem W. Ponce M. Niohtem-
Motion for counsel fec denied Abraham Bergen, EXT
60, appellant vs. Abraham Mills, adm. G,. respondent
The dsorse must be amended to the title of the
must DO denied Harlem M.thsr ads John H Bstsn
Motion to set aside inquest denied The People, So
Court o % ns sIanted
Tho People. 60. OK rel Henry f. Cheesborough ct a.,
sdms &c., vs., Abraham Schuyler and others-Motion to
strike out pleas granted with $40 COSTS the defendants
to have days further time to plead de James
Robinson ct 81 vs.. Samuel 9 Reynolds-Moon to dis
solve Injunction granted. William p Powers vs. John
L. Graham ct al-Exospton allowed. Dominiok Mo.
Keon Jens E. Devriss-Ths suit was brought In the
Court to recover for an alleged breach
moved to have the declaration taken Of the fe the
ground that Mr. Golf who drew the declaration, and
Mr. Dresser appeared for Mr. Goh and commended tnat
the judiciary act persons of good moral Cha
to prosecute and DEFEND suits in all the State courts
that Mr.. Con man Of good moral character, and
had received power Of attorney from the plaintiff to
prosecute this suit.
Mr. BEEBx replied He contended, first that the Ju-
dietary Act UNCONSTITUTIONAL and that the
section upon which MIR. Dresser relied inserted
In the act without the knowledge Of the members
of the Legislature, except two Secondly, that
was, inasmuch as hs did not nis osrtao.ts Of good
moral conduct and his power OF attorney, with the
Clerk of the Court as tho act required and in addi
ton, the paper which he produced to the Court
only copy, and not the original power of attorney.
Upon these grounds he asked the Court to grant the
order to take from the file the declaration In this cause
CiRcuIr CoURr-Befors Judge Hurlbut-.4sher Cham.
berlain vs. james Naturalization Of Trover, to
$780, the alleged vsue Of lot OF goods stored BY
the plaintiff With e. Ihs des s set up We;
verdict this morning
UNITED STATES CIRcUIr CouRr-Before Judge Nell
son,-The Grand Jury came into Court on Saturday,
and handed up true bills against the following persons
Flanders, Charles Kent, Henry Hovcson and Joseph
Robins for an attempt to create revolt ALSO against
Philip stephens and Henry Jackson for larceny the
John jacques w. E. K Collins & Co. This cause was
given to the jury this evening His Honor charged that
It very important to ascertain with particularly
the issue In this between the parties there
to the which governs this and 1t have
arisen Of different construction Of the rule upon
which the result of the must depend it Is necessary
therefore that We should this with exact
and regularity The declaration which contains
the ground Of complaint in this forth the right
to In two different respects yet they raise the
principles law 50 far as respects the respons
bty of defendant In class Of counts In the declara
ton, the plaintiff charges that defendants being in pos
session Of those Is packages for the purpose Of inducing
the plaintiff to make the owner loan upon the credit
Of this property represented to him that the packages
coua i1edO of 9ro
In consequences Of this representation the loan
made, plaintiff coafding in the truth of the repre-
iact the article was worthless. This class Of counts
places the right Of plaintiff to upon the raudu
lent made by defendant In respsct TO this
property, by Of which the plaintiff advanced his
money Ths other class OF places the right Of
recovery upon this ground the plaintiff charges that
defendants In possession Of this property and
dertook ship il board the ship Cosmo to foreign
port; that according to the usage and custom of
chants In this port in goods to foreign cour.
tries became their duty before they made out the
ships papers, to examine the goods and ascertain the
Of tn: Of hs
for the purpose Inducing the plaintiff to make the sd
vance represented him that they knew the contents
Of the packages, and that they contained cochineal
whereas and in fact they did not In that case
not pretended that defendants made any verbal re-
packages there is no proof of this fact the whole evil
dence upon the descriptions Of the article given
in the bill Of lsdng manifest aud policies Of insurance.
In each Of those papers the property described
seventy three boxes of cochines, and upon this the
plaintiffs rely for the purpose OF making out that
defendants committed fraud. The case therefore, in
this aspect of turns upon the import Of those papers,
and upon the weight to be given to the description Con-
tanned In them. On the part Of the plaintiff it insist
ed BY his counsel that II Tor defendants
before they made out the papers, to have examined the
article and to have ssoertnsd the truth In respect to its
conents but having failed to do and having In gno-
OF what the packages cousised Representa-, In
those papers that they knew the article to De
ss 81 n se *: % s. to hp
psxe according 70 the usage snd custom o. msfens"