The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-29
Superior Court.

Before Judge Vanderpoel.
JUNn 26.-CsAossb and Isefeue SomJ ". Moore
This action TO recover balance Of - 674 06.
appeared that in 1S47, the defendant through the
plAiutifs agent, Mr. Clark, shipped to Havre
goes Of cotton containing 2Ol bales and weighing
1892 pounds the other containing 81 bales, and
Weighing SSSol pounds. me hrs: wa: shipped on
the New York." consigned to William Iselene; both
caIgoes to be sold Immediately their arrival The
the cotton for which he transferred to them the bills
ading and agreed that they should be paid their
the cotton not sold FOR several months after
its arrival NJ Havre and then produced only SlO475
which paid to plaintiffs leaving tho above balance
for which the present SUIT is brought The defence
that the defendant gave positive instructions to
Mr. tlak the psintiks agent to have the cotton sold
upon Its arrival Havre but that the in
etructiops were disobeyed in Consequence of which,
gr less accrued to the defendant 10 this the plain
tits replied that the instructions III any given to ,r
ark vague aud indenite and Furthermore, that
defendant sent other instructions to VIM lseene, the
consisnee. which made him directly, his agent
His Honor charged that the first question for the
consideration Of the jury, Of fact. name ~
whether instructions were given BY Moore to Clark
the plaintiffs agent to sell the cotton immediately
alter its arrival the next question had Clark chargs
Ut plaintiff business and did they recognise him
their agent II they did he stood in such relation to
them to be to receive such Instructions
and II given, they would be bound by them the next
question is did the defendant take the matter Of
his hands and give other iUtructions to VIM lseene,
the cobsienee of they believed that he did the plain
tis responsible tor what followed The jury
found verdict for tho plaintiffs for the amount
claimed
Before Chief Justice Oakley
John Chester u.s. Levi II M,us-Ihs was an action
plaintiff consigned the aefendant for sale, with in
suctions to sell 1t for cash delivery The defend
ant sold tho flour to named Demiug. who failed
in two three days Afterwards and nothing
realized from the sale The defence that the Hour
sold for cash ding to the OF the trade,
aud that usage To call for the cash for few
days alter the delivery that in the interval Demiug
hSd failed and that plaintiff oust bear the loss the
| defendant also claimed to have judgment for S2S5
ADJ AL &c "A by tO ON ~
The Chief Justice charged that it was proved the
sale made according To tho usage Of the trade and
that the evidence Of the instructions to sell for cash
not strong enough to override tho CUSTOM he also
thong hit the defendant entitled to be refunded his
ad, ances and dir, cited the jury find verdict for
him with liberty to the plaintiff tc appeal and bring
the question before full for its consideration.
Verdict fer defendant for s2oo accordingly
ChGs Mcneil john bfuihsan This was an ac
tion on promisOry note for $780, tho was tried
before. and ponsuit granted, the non- suit was af
terra ards aside and the to be tried
second timc The jury rendered verdict for plaintiff
Of sos
John G,leon Trustees cffh, Catholic Church Of 81.
NLoLs' IN I'd street IN H. Cay ri New Pok.-rhis was an
action under the lien law fhe trustees entered into
contract with Patrick Keaiy, to paint thr church
The plaintiff entered in to rub contract with keny.
to do the work for which he to receive $3.50
% He completed the work and received SS5, leAv.
ing balance Of Si45 rs. for which the present suit
H. brought Two d, fences set up first, that de-
pdsBis we're entitled To have the work performed ac-
corong To the specifications in Keays contract, and
that done aud secondly, that At the time
Of the notice IF the lien there funds belonging
10 keaiy in tho hands Of the trustees The last de-
fence was fully proved by the plaintiffs own witness,
and the hif ticc directed bonsuit to DO entered
COLD MINES OF SANGR. DE CHRlsrI.-Lately
respectable citlz-n OF the Arroyo, Don Carlos Or
tlves ON "A visit to these mines, worked three days
with nothing but wooden shovel, did not dig
more than half yard, and obtained eighty dollars
IN gold. -Four others, in the year forty three,
brought in five hundred dollars in gold dust, after
four days work The great difficulty, which has
heretofore prevented the working of these mines,
has been the war between the Utas and Mexcans,
and SINCE the entrance OF the Americans, the war
with the Apsches was made by Coy. Washington.
The proprerors of the SaIgra de Christi, who have
a claim iIem the Mexican government, are poor
men, without capital 10 work the mines, and have
empowered Capt st. Vraln 10 form d company for
working them.-.Saata Re Republican.
DEATHS AMONG TIER CALIFORNIA EMIoRArTs.-
We notice III our exchanges, mention made OF the
following deaths among the cmigrants the
Plains Henry Roush, of Illinois, died May 3,
1e;9; T. Adams, not stated where he was from
John Fuller, ~ years of sgc, accidentally shot
himself 18th April; a man by the name OF Me-
MILAN, KILLED by the running away of tcama be-
longing 10 the Louisville company Major WIN.
Cav, Of Rocheport, Mo-; Samuel Wilson. former
ly Of ST Joseph; James Thcmpsou, from Monroe
county, Mo Major John Austin, Henry Tarr and
In. Tucker. all OF Livingston county, in this
State Edwnm Adams, Of Pike county, do; Mr..
Gates, of Macon county ST. Loitis (Dio.) Re-