The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-07
LAW Intelligenca.

Law Intelligence.
CoURr OF APPEALS, April 6-Pressnt, Frseborn g.
Jewett, Chief Judge &c The court met at the usual
hour this morning and the argument OF No TO- Toylor
IN Morris in error resumed and concufed
Judgment reserved. No. g. Whitney error Us .atrire
in error, taken up and In part argued Adjourned
till to morrow (this) morning.
SUPREME CoURr Present, Justices Cady, Eimonds
and illard-The court organized this morning and
occupied tho entire day with special motions
OF which were OF any Importance.
SUPERIOR CovRr--Before Chief Justice Oakley
Ecans et al. u.s. WesksThe jury rendered verdict ia.
this cause for the plaintiffs, for 1921.
jacob Cram Us. William B. Moore.-This &C.
ton OF royer to recover the value of about 900 barrels
OF -four On the 4h of juno st defendant applied to
It to Providence Plaintiff had at the time betwes six
and seven hundred barrels in barges lying in the East
river sent his clerk with defendant to where II
ard showed 1T to him The bargain concluded at
SO barrel cash, the flour TO be delivered good ship
ping order and deduction of IS every barrel
OF coarse Hour to be allowed after inspection An order
was at the seme time given for its removal and inspec
ton The defendant having caused the -four to be in
spected on tho 18TH he tho day. instead
Ing it to Providence, sold it to man named Hsrrick
and on the 18th 18th June turned it over to him. and
on the 18th, the plaintiff seges failed The PLAINTIFF
now seehs to recover on two grounds first that thu
flour was obtained under false representations to wit
that defendant represented that he wanted
Providence, and was to pay cash secondly that the
title does not to ths vender While any thing remains
to be done to complete the sale Here tho inspectors
certificate was not returned, which would show the
number OF barrels and the plaintiff alleges that
without it he could not make out the prices and bill
complete, and he Is entitled to reclaim The defence
is that was bona ls sale that demand WAS made
might at any time have gotten the oert,scso from The
inspector and that defendants failure Inc gabe
result. Adjourned
Before Judge Sanford
Henry r. Seymour at alus Thomas o. Dauis This
wa. An action for goods sold and delivered The amount
claimed WAS $780, the price of 400 barrels of cider sold
by plaintiffs to defendant at 81 per barrel The defence
set up wasa breach of contract the part of plau
ts in having delivere tho quantity for
at the times specified in the contract of
wnich they slese they sustained damage and insisted
verdict to morrow (this) morning.
SUPERIOR CoURr-IN CHAMBERs-Narch 6-Before
Judge Vanderpoel-Ia re Wallace Newiand-Habeas
Co,pns- It sppsared that Newlsnd enlisted in the
United States Army in march last; that be was
ut the time of his enlistment Only Is years of
egei but that his mother had given her consent
Bothspo!her and son became sorry, and the mother
presented petition stating that her son was only
10 years of sge and that he detained by tn.
mander at GOVERNOR Island, without legal cause SO
and praying for writ of hobeds corpus his dis
charge The case this morning and after hear
ing counsel both Sides his Honor discharged Newlapd
the following grounds First that tho mother being
married woman could make a contract TO bind her
son Secondly, that the enlistment was in violation of
tne got OF congress, which required that all
listing in the United States Army should be is years of
age or upwsrds-here Newland but l6 Disch arged
CoMMoN PLEAs-Before Judge Ulshoeffsr-April 8 -
Wifhdm g dsby Us William Jones, sheriff e. This
WAS an action of repevin to try the title to certain pro
perty levied by deendant in his character of sheriff
person OF the name of Wild executed to the psintiH
in consideration of 5000, mortgage his Wild's
property Two persons of tie of Aooek obtained
judgment against Wild upon whicn they issued an
execution, the under which the defendant sved;
The question Is whether the mortgage the judge
ment creditor shall have precedence Adjourned
UNITED STATES CIRCUIT CouRr-Before Judge Nell
son--Apri 6.-Eben GoOd,oin Ed,card Room et al
ibis was an action to damages for an alleged
violation OF patent right The plaintiff obtained pa
tent Tor an Improvement In the mode OF pressing
packing tobscco plaintiff alleges that defen pi
rated his and used it in their mandatory
Defence wss, that the improvement not new that
Twas IN uss several before the date the plain
tfs patent in almost all the States Of the Union Yer
diet for defendants.
Hall ct al ps The Sun Mutual Insurance Companu-
Verdict for plaintiffs for 50 3ss SO
CouRT OF GENERAL SESSIONS, April 6.-Berore Re.
Jonas Phillips, Esq., Assistant District Attorney
Trial for False P'etences.-sidney r. Ford, indicted
for obtaining 500 from Philip Dater by false
dulent prsencss called to trial the opening othe
court tnis morning On the part of the prosecution it
b. r. Snyder Of New Orleans and tbefeby nduceu mr.
draft order upon Mr. Snyder, and that the draft IN
question came back protested It also set forth that
accused had assigned to Mr. Dster policy of ipeu
marble which he had shipped TO New
Orleans security for the payment of the draft The
prosecution failing to show that false
had been by the accused order to obtain the
money tho jury without leaving their seats rendered
verdict of not guilty.
Trial for Grand Larecny.-La Faystte Kssle and
Willie Krermer were next called TO trial. on CHI rye
of having the l7thof January last stolen horse,
wagon and set of harness. valued at $500 the property
of Joseph Conee In this care Also the jury render
ed a verdict of not guilty.
ITtdt J0r lndtceM EIp0suTe-lWO men Oh HuVhhceu
age brothers, named John Miller and William Miller,
then called to trial. for having at various times
ipdecenty exposed their persons In front of Mr.
Edward Deer's dwelling house, in saith street Also to
such females ght have occasion TO pass them The
details Of the care unfit for publication The jury
after brief consultation found the accused guilty end
the court sentenced each TO pay fine Of 5000. The
court then adjourned until to morrow morning.
CouRr CALENDAR THIS DAY-Cireuit Coart-Same
yesterday. Superior Court IS, ~ SO, 49, &c. 81,
go l0l I02 to l0S no. Ill, liz, ll3, 457, Ia Al u.s.
49, III, 49, 100, l2l 100. 1913 Tho Superior Court
PANEL Of JURORS will be called every morning and such
jurors not their names called, will
be 6oed Common Pleas, B. 9,.l3 %, 30, lao, l42,
lac, l5l, l52, l54 1913, 100.
Posr OFFICE ADVERTISING The publisher Of the
Detroit .idperiiser, having brought suit against the
postmaster at that place. for giving the advertising OF
uncsed for letters to another paper with smaller cir
uclation than the ddpesr was successful In his suit
RE decision against the postmaster who war said
(sndit given In evdense to have interest ia the
paper TO which the advertising given. Sl7 90 ds
msgss assessed to the publisher Of the .aduerser
being the amount OF the value Of the advertising for the
month OF March
The Late Scenes In Munich-Lols Mont.s'
own Account OF them.
Our readers will ne amused, and in respects in.
teresed by the following account OF the riots In Mu
nich which resulted in the expulsion OF Lola Monte5
IL is extracted from letter written few days by
the fair Counters of Lsusfs,dt 20 gentleman in Lon
don, by whom 1t is placed at our disposai: =
"LINpAu, Feb %, lsi5.
any dear -: The last lstter | wrote TO you
written the beginning of the most disgracefu
ever read Of but the end far other than the be
stand from whence sprung this disgraoefu
the suniyersary of the Fall Abel