The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-12-21
Superior Court,
before char Justtea Oaklav


Dec. 21.-Dow, PiAsbury g. SANFORD vs. julian
ChasteIoin d Ehas PonveTf.-This Is action to
out Of an accdep ut which occurred to the brig Char
lotte al which plaintiffs ow Ders In coming into this
port the 10Th November, 1917. 1t was stated that
after coming inside the Hook the captain acted his
pilot, and stood up the Bay until he came near
Romsrs shosl the tide was setting out strongly, In
cop..Gence of which the brig took shear. aud was
driven the shoal, where she grounded In order to
get her became necessary to unload her for which
purpose lighters and steam had be taken down.
the whole expense of viii ,h amounted to 81 1928 So the
defendants proportion OF which Is S773 30, the SUN
sought to be recovered-they. being owners Of the
that plaintiffs bound to show, Automatically, that
there is usage for captains to navigate their
that skill of the captain Of the brig Charlotte
equal to that of the New York pilots for navigating
vessels into this port Adjourned
Leevs. Has2ardIn this cause the jury rendered .
verdict for the plaintiff, for 81 100 60
Before Judge Sandford.
John H. Bale rs Resoipert StepheusTh Is an action
for a malicious prosecution. 1t appeared that "a
name Kendall took the premises 173 Bio very from the
eef ndan in lSa3 for year and newed
the ease from year to year until the year 1877 when
Kendall became embarrassed. He then assigned his
interest in the premises TO Bate for the beneat OF his
creditors IL was stated that Kendall bad m lde various
improvements the premises while he occupied them,
and so contrived these improvements that they did
net attach to the freehold, and might be removed
| without any disturbance dsmsgs to defendants
property In ls47 stephens insisted upon nder
being made to him OF the premise'j the pls'ntia and
Kenoal consented to give up tbs premises but pre-
yus to doing took down their improvements, and
carried them on In doing Ste phe ms alleges they
| committed trespass on his premises, aud caused
them both to be indicted in the Court OF General Ses
sions They afterwards tried, aud it ms ac-
cordng to counses statement the Recorder dtrec ted
the jury acquit Bate, and he afterwards exa-
mined witness for Kendall. The present suit IL
brought to for the prose cution The
GET, ndant had not gone Into his defence when the
| court adjourned.
Smith rs Line ct oIs.-In this cause q suit
and the jury assessed the value of defe ndsnt
Lines property ST col 92 the damages s8S So;
and In, property Of the other at s267 49,
and their dam ges nj Sl4 %.
Urc 16.-lS DAsco. - Decisions. - Maurice Wedees Il
Maurice Meyer c. Bouafe Ell al -Judgm- Mt Of nou
suit ads Sey for tri al de MED.
Adams ads Brisbane Motion for new trial de MED.
Smith ~ds Wssson.-M Motion for new trial denied.
Dtrd ads Darcy Motion for new trial denied. OAR
by Dord-Motion for new trial d. aied Darby
Emeric - Judgment for plnntif Same Us. Same
Judgment for plaintiff Mead, plaintiff In error, rs.
tered in tits cause last Saturday, be aueude so a.
to acknowledgement reversed. with costs Reypod, de-
PENDANT in error. ads Baker, plaintiff ia error
Ordered that the rule entered in this last
day. be amended so rs to read-JudgmeDt affirmed,
with costs. Copy rule Ordered that epecial term Of
this court for the trial Of issues of act held ;he
first Monday Of January, 1915 ard that the same be
continued until the second SATURDAY OF January un
less the justice holding the term sbs
No jrJg rne mt, as In Gaze Of ponsu.' VIII oe
fr omittip to to trial at the Ter hereby
ordsrsd hs bnsiness OF the special term will COM
| mence ON Tuesday, January 2 at TO- A NJ Inc
calendar of causes for the general term In January
,,r 80 10 taken ND nt the special term Is closed,
xcent rat and appeals may be submitted
| IN tba frrt Saturday Of the term. Two panels OF
;nrors will DO drawn for the January special term.