The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-17
TWO CENTS.
LAW IUtelIlUence

Law Intelligence.
Court OF Oven AND TERaISER, Oct I6-Before
Justice Strong. Aldermen Crolius and Dodge The
court formally opened to-day. The District At
torney need that he would not proceed With aav
criminal Guinness this term. The court then ADJOURN
ed without delay.
SUPREME COURT, SPECIAL Term, Oct. 16-Bsfore
Judge Stropg-Decisions- Samuel Partridee ~, John
Nc Carthy aI-Fhis Q motion to set aside de-
murrer to complaint frivolous, and to enter up
ITogment for the plaintiff for want OF an snswsr
adoption Of the code Of procedure, where IL
supposed that the demurrer frivolous to place
the cause on the calendar and to call 1t for argu
ment out Of its order at early day The rule Of
the Supreme Court the subject express and the
hv aha net sSas the rule directly oTby
motion must therefore, be denied without costs
GrinneH and Minturn Goodhue & Co. etal-
This was motion to dissolve an Injunction The
defendant Mann purchased a cargo OF corn from
Suydam, Sage Co for $4,000, which he paid to
them and also received from them the other half OF
the cargo which DO parties agreed should be shipped
on their joint account and which he paid to the
firm Sl7 600 the whole to be forwarded to port in
the plaintiffs 42000D and in order to secure them
the bills of iadng Transferred to them and they
time the ship had arrived the port of destination
the price of Germ had declined, aud all that was re-
allied from It was $4,000 Mann failed in the mean
time. and plaintiffs unable to recover anything
from him; he was however, entitled to certain por-
ton of the $ 600 paid by him to Suydsm, Sage Co,
on the joint adventure on half the cargo, which he
assigned to third party who transferred it to Good
hue Co., to secure them against certain liabilities
which they incurred for Mann After such ira nsfer
and before any money had been paid, the plaintiffs
filed their BILL claiming that they had equitable
lien on the money in the hands Of Snydsm Sage CO.
and asking that it should be paid over to them. An
injunction was granted by master restraining Suy-
dam, Sage Co from paying 1t over to Goodhue Co.
The Court held that, although the plaintiffs might
have claim In equity as to the money they had ad-
vanced yet that equitable clam did not always
stitute lien which could be enforced in any court
nor was 1t such lien as was any rule of
law nor was it sustained by any usage that now ex-
isted and, moreover it rot alleged that Goodhue
Co were not perfectly responsible. The injunction
therefore, must be dissolved.
UNITED STATES CrRcurr COURT Oct 10 - Before Mr.
Justice Betts-The October term Of the Court was
opened today by Judge Belts. Robert Greenwood
and Captain Bertrand, indicted for murder, will be
arraigned to- morrow (ths morning..
CIRCUIT Court, Der. 16.-Before Justi:e Strong
John II Smith Us. Isaac Wiifett, Sheriff. 8c-This was
an action of replevin to try the title to certain pro-
perty seized under execution by the defendant as
sheriff Of Queens county, and afterwards repevned
by plaintiff. 1t appeared that person named Scott
carried soap factory at Bushwick, Long Island
that he became embarrassed, md conveyed the whole
OF his assets to the plaintiff for the benefit he al
legged Of his creditors The plaintiff it appeared took
possession Of the property but believing 1t would be
for the benefit of the creditors continue the BUSH
ness until the stock on hand was manufactured aud
FOLD, he entered into an agreement with Scott to
superintend the business and to allow him SIS week
for bis services Possession then given back to
Scott, and the business was carried on by him fer
some time until an execution issued by Byles Il
Co.. one OF his creditors and put into the hands of the
QeIendhnt, VINO LEVIED the property. The plaintiff
then Iepevined, and the question now comes up for
trial.
The defence was fraud 1t was contended, on the
part of the defendants that the deed to plaintiff
fraudulent continuance by Scott to defeat his credit
ors. The jury rendered verdict for the defendant
SUPERIOR CoURr, Der .16-Before Judge Vanderpoer
james o. Ward rs. Jonathan S. Whitney and Thomas
s Stwges-Ths action a bond entered
into to remove attachment The plaintiff is owner
Of the ship James Edward and at port in England
the master entered into charter party to
n CurlO
Pictou Goals to New York, at 81 the chsdron for
count Of Thomas Tremlett of Boston, and consigned
to the defendants The ship proceeded, accordingly,
to Halifax and took in 400 chadrons Of Goals from the
Albion Compapy's mines. It appeared from the test-
nor measured before 1t delivered to him, and the
fact noted in the bills Of adng After the vessel
taken by order of the consignees to Brooklyn, where
the cargo was discharged difficulty afterwards in
regard to the or weight OF the and
demurrage took place between the and the
sgnees the latter procured the cargo to be weighed
and according to their estimate it weighed AT chal
drens 1t was also weighed by plaintiff and according
to his measurement, it weighed 456s4 chadrons The
plaintiff also, insisted $3.50 for demurrage that b
for FIVE days. at the rate of $50 u day-tRe defend.
ants would allow but $40 day Plaintiff also in sisted
upon S20 for towing the vessel to and brooklyn
to New York-the defendants refused to comply with
the plaintiffs demand upon which, the plaintiff issued
attachment sgainst the cargo. The defe ndants
then executed bond, and had ths attachment re-
moved The questions Of fact to be decided by the jury
were, to the measurement of the coal, which de-
pended the degree of credit due the testimony
the same with regard to the demurrage-onew witness
swearing that the sum claimed by plaintiff reason
able while another Witness for the defence that
$40 day was what, he thought, should be allowed
There two other questions Of law which were
served for the opinion Of the Court in banco namely
being part owner Of the vessel and that no legal de-
mand was made for tho freight the consignee,.
Sealed verdict to- morrow, (this mornng)
CorMos PLrAs-Before Judge DAILY. George Smith
action for sander The parties resided in suffolk
street the PLAINTIFF lwere tenants to the defendant
1t appeared the defendant wished get rid Of them
charged them with keeping a disordsry house, and
said that Mrs. Smith bad as her dsughters.-
This was the SANDER complained Of The defendant
filed plea Of Justification and called several
to sustain 1t but Of them to any direct
positive ermnaity the part of the plaintiffs their
Smith were noisy and roublesome, and that their
daughters in the habit Of coming into the yard
nS WITH souns aaa u to
nine, ten and eleven O'Clock at night and that upon
one occasion, their mother came down to the yard
did not wonder the people should talk Of them The
cause is adjourned to this morning
CoUnr OF GENERAL SESSIONS, Oct 6.-Lndiciments
presented ey the Grand Jwy.The Grand Jury came
into court at early hour and presented number Of
indictments found by them during their present ses-
sion; after which, they retired to their chamber
Recognixances Forfeited-Tbomas Barter was called
upon to answer an Indictments for obtaining by false
pretences, the signature Of Thomas McCart7 to q
mortgage. Tbs sccussd was baed by Cornelius Moo
nan, In the sum OF 5000, and not appearing when
called the recognizances we're declared forfeited.
Case Postponed.- motion was made in the case Of
Charles Duane, alias Dutch Charley to have his trial
postponed and commission asked for to take the tes
timopy Of +. v. II Wright, of New Jersey The mo-
ton and commission we're granted. The accused In
this IL indicted for shooting with intent to kill,
ofHcer Throckmorton.
Trialfor element and Grand Ldrceny.-George
Manning was placed upon his Defence charged with
having In the early part Of March last embeszed Ave
chests containing tea and other property consisting
Of scales and weights sugar bin meat choppers knives
block oil cans, and other property used in
grocery store, together with stock Of groceries,
amounting in value to 5000 from his employer James
Gibson Who ct that time kept grocery store at the
corner Of Orchard and stanton streets IL was alleged
that Mr. Gibson, having occasion to 60 out Of town,
after an absence Of two weeks, he found the store
closed and the goods all removed. Part Of the goods,
alleged have bee stOen. were