The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-04
Superior Court.

Before Judge Sanford.
Oct 2-Ddniei " Topu.end President of the Borery
Bonk rs Rcha,d Deckrr Robert Jones. james Jones,
RE hard Lauiess and Thomas Gaydtner.-This
action 10 recover the sum Of SO 3s a. the amount u
discouptsd drawn by the defendant Decker, aud
endorsed by the other defendants Ii appeared that
the note was drawn by Decker, and endorsed by X.
Jones. fer the onmods on of j Jones Co IL was
alleged the defence. that the note given for
specific purposes, namely to be discounted at the
Manhattan Bank and the proceeds to he applied to the
taking up Of other notes in that that IL
was rendered at the Manhattan Bank. but disco mt
refused that it WAS then placed by clerk OF J.
Jones Co.. in tin box and after wards taken cut Of
their possession without their knowledge assent and
discounted a. the Bowery Bsnk aud the ceeds per-
veted from the pur posss for which the made
that is. for the accommodation Of Jones & Co 1t
further alleged In the defence, that there
usurious charge Of something about $40 So for
the ditcount according to the Date Oh which IL was
entered In the bank book a. discounted namely 4th
January there being only sixty days to run. IL was
but who does not defend the case bat admits his
sponsblity, that he got the note from Mr.. Matthews
and Mr.. j. Jones for the purpose OF getting IL dis
counted that he had lett the note for dcount at the
bowery Bank three weeks before the Attn Of January
and ordered to draw agsinst it, 1t conteuded
by counsel, that the bank di.counted thu note
matter OF bu mess that they had conuivsnce with
the parties knowledge OF the for which
the note was given; II by. any mistake few dollars
h. yopd the per cent charged. 1t did not
amount to usury Their. corrupt intention BE-
tween the bank and Gardiner Mr. Jones had failed,
and his father, MT r. Jones the endsrser If the note
tnd to evade the respon ibiity The court In
re-cspuAtpg the evidences said that the plaintiff in
producing the note establish he'd ths claim against
Decker; his liability Is absolute aud independent ;
with regard to X Jones. and J. Jones T. co, the
Law required that they should have proper no
tices Of the protest the hIst witness proved that
he demanded the money from Mr. Decker, aud that he
not prepared to pay 1T he te-tnss also that be left
notices Of the pay m~nt with Messrs r. Jones j.
Jones & Co and Gardiner There vas no evidences to
chow that Jones Co did not derive the bensdt Of
this discount. With respect to Mr.. 4 Jones' liability
n the jury satisfied that the given the
undSrtsDdiug that would be- discounted at the Man
HAITI Bank for the special purpose OF taking up
bad b, msappIied; the bank maintain that they
discounted in good faith aud that they proper
value for it. The defendants hold that the bank took
usury for 1t III that be- the they cannot succssd
| in The present case The jury would, however, see
~heih her the interest the sum drawn by Gardiner
previous to the 9Th Of Janusry would amount to tho
ovechsrge alleged TO have been made 10 the discount
The jury then left to decide. and to bring in
sealed verdict at the sitting Of the court this morning
Before Judge vapderpc~l
Stephen H. Pro,oa rs John II. Wakeman, William
Wat,mon and THOMAS Coriin Oepmiy Sheriff This
suit brought for damages In consequence OF Deputy
Sheriff Cariin having made . levy on the goods Of
plaintiff on account ~ ution In favor OF the de-
vost II alleged for the defrncs that the goods
not plaintiffs but the property OF Christopher T.
frovo.t The property alleged to be illegally seized
shirts. A witness depo-ed that the vass OF thu
thrts was 81 each he wished he had order for 100
dos.n Of them at $l2 dozen pays the shirt makers
2s Sd for making them: sells good the shirts Ia
question for 81 each always asks dollar and half
hut II they can't get II he takes dollar daughter
AZ tie rising 81 the Court the jury were dreotsd TO
have teal-d verdict At the sitting OF the Court this
morning.
Der. a.-Bowey Bssk - r Jones aud Otsrs-In this
eeue The jury handed In verdict for plaintiff against
all the eefendants for $4,000 70 damages and cents
cost
j. Yen Rensaisser, Jr and A Fan Covflandt W a.
BoyLy -Tbs was an action for . balance. including
interest OF SO 3s4 e6 arising ou OF the sale and pur-
chase Of stock for defendant. and for advances on
shares MIR Lowe drpo ed that he had been book
TO the plaintiff; the firm CEASED In May last; knows
MIR Bsylsy the plaintiffs transacted business for him;
witress made out account against Mr. Baylsy, and
ta~ ~ sn~rwsrds In his possession; account produced
defendant called witnesses attention to an item Of
$500 and ssd that he thought light have been paid
before; witness aid not and defendant made fur.
ther remark about IL On his .ram'nA,ou Wit
,sid be had kns ~i.dx- 81 the correctness ri
thoee items does not remember being present ct any
conversation between the plaintiffs and defendant re-
spectinR this trsnsacfon IL vas commended that for
these sums defendant bypcshecst-d With the paints
$50 shares Of the Harlsm Railroad and gave stock
collateral security TO than the amount OF the ad-
vsnces rlAintf. say that they sold the stock, and
after the proc.eds thereof there still remained q
balspc. due them. Defendant commended that that
ssle without notice aud illegal and that he can,
therefore claim the highest value OF the stock bet
the time OF ,ale and this trial Gaze adjourned at the
rtsing Of the court till 10 O'Clock this morning.
Before Judge vsndsrpoel
Preroa ~ Waterman end Oh,rs The jury delivered
their verdict In THE finding this DESCENDANTS guilty
OF The respass, With verdict for the plaintiff Of $3.50
damage.
Ezss Thsysr W THswas NJ Psrfrisr. srd Ofh.rs -
Thb vss action for rspsss In takag the goods Of
plaintiff cutiop issued from the Marine Court
The defence vas that the goods no, taken. X
tst.n, IL Vas under execution. The plaintiff