The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-07
Superior Court.

Before Judge Oakley.
The December term OF the Court commenced on
Monday for jury trials.
Charles Richards Charles NJ Graham This was
action to receiver a balance of slO5 for fnishng
three houses in Eleventh street. The tried
once before The jury found for the plaintiff S16s 81
Ssh crs S SSs WAS an action
the defendant The jury found verdict for the plain
tiff for s15 damages
Before Judge Vanderpoel
Edward s Bales ps Edmond Fitzgerald This was
an action of trespass for the alleged forcbe taking of
purchased the schooner from the u S. Marshal. and
had Der entered in his name at the Custom House
He afterwards sold h. to the plaintiff for $685. and
ceved four notes payable at different dates for the
amount for which he gave receipt the understa udng
at tie time of the sale being the defendant alleged
that the possession the schooner was not to pass to
the plantin until the notes paid. The plaintiff
alleged that there was 500 paid on account of the
notes and also another sum Of $50 The defendant
afterwards took possession Of the schooner carried
her OIL after which, the plaintiff rendered the balance
The defence set mp that the notes not paid,
and that the agreement that the sale not to
be completed until they were. 1t was also attempted
to be shown that there were other dealings between
applied in discharge Of balance due foot Of these
dealings AS evidence of this, 1t shown that the
800 was paid Long before any Of the notes became
also hown that the tender Of the balance not
until after suit brought. The jury found for the
plaintiff, 1925.
Meiehoi, Kramp and Francis Muilendoyfe ps. George
Barclay and Schuyler Liring ston.-This action
the arising out OF the fire of 1916 1t
the plaintiffs Belgian nerchants), through Mr..
Kuigen. doing business in this city sent We bales of
Belgian broad cloths valued at SIS 000 to the defend
ants, to be sold commission, with instructions to
in ure them for three months On the part of the
plaintiffs it is alleged that the cloths
insured for that period that time before the ex
prston of the three months, Mr. Kutgen called again
at the DEFENDANTS counting house to give instructions
to the insurance. that he there MIR. Wilson
their book keeper who informed him that ths defend
ants had general policy of insurance all the goods
In their store and that the goods question were in
Guided in that policy; upon this Mr. Kutgen
rested Gas he aeges satisfied, In July, 1s45 the de-
fendants' store was burned by the great FIRE which
happened In that year. together with all the property
in It, and 1t turns out that the plaintiffs goods
were not insured and the plaintiffs seek to make the
defendants liable for their value Shortly after the
opening of the he court adjourned this morn
ing.
Before Judge Oakley.
DFc 6-Robert Anderson Wiii0m johnson, and others
This action Of debt bond IL appeared that the
them, the Court Of Common Pleas for $l73 The
carried to the Supreme Court and
bond in question executed IL utther that M w.
benecaly Judgment
In ls4 the defendants Of em obtained
against the Plaintiff 1915 set on against the other and
release from Anderson which they defence
replies adjudication the Supreme
Court declaring that he euaby entitled to the Of
the Judgment in the Common Pleas and that Anderson
could not give release to prejudice his claim and Also
this effect Tho defendants counsel objected to this
evidence inadmsse and insisted that unless Mr.
ud show that Anderson induced the release
by false representations that that represented
be admitted The Court ruled the objection and admitted
opy subject to the exception Of defendants counsel
and directed the jury to find verdict for the with leave
to to turn into nonsut &C. Verdict accord
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