The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-15
Superior Court.

Superior Court.
Before Judge Sandford.
Arm 11-Chaies Weed and Others, Us Ciarke-Inn
was an action guaranty. The plaintiffs sold
bill of goods to the house Of Uman Cos OF Batimore
for which they to give them note for 81 800 20,
payable in nine months. to be delivered to them on
condition that defendant guaranteed the note; tho
guaranty given, but the note was not paid ana
the pnit H now seek to recover amount of II from
defendant The defence two-fold: first that the
defcndan had notice Of non payments and secondly,
that there consideration expressed in the body
Of the guaranty The judge directed the jury TO hnd
for plann the parties to be at liberty to make case
and bring the matter before full Court and decided
in favor Of defendant. nonsut to be entered. Yer
dict for plaintiffs ~ $50 10.
Arm 13is honor charged the jury. that, although
great portion Of their time taken up in the dis
cusson Of this the question involved lay within
u very limited compass. He then went to state,
that he had in the OF the trial decided the ques
tions law namely that his opinion according to
the true construction Of the agreement the defendant
bound to furnish the steam power; and that having
given the agreement without any restriction the plain
tilt at liberty to the manufacture of cotton
wadding In the next place. it is probable that MIR
Iasey thought that the carrying of the defendants
manufacture would interfere with his business in
those premises; but that is no reason why you should
not give smart money nor is it any reason why do
fcndsnt should not carry his business. The next
question you have to consider, and wich II de-
cidcd in favor Of the defendant will end the matter
II is this the was submitted, with the consent
of both parties to the arbitration OF three gentlemen
selected by themselves to whom they submitted their
clsims and it the arbitration closed the Both
of June about six o'clock of that evening. The arbi
traitors the morning. made their award, which
signed by Of them and that renders II rs valid
AS If signed by all But it is on the part Of
the plaintiff that it revoked by him in the morn
ing. On this point the whole case turns, namely
whether tho case in controversy was finally submitted
TO them the 30th of June because, If you are
Of opinion that 1t then there is end to the case
II is the disputed fact in issue in the His
honor called the attention Of the jury to the test
mony upon this point. and concluded by telling them
that If they believed 1t was finally submitted on the
evening Of the 3oth Of June they should ina verdict
finally submitted on that day, the plaintiff was not
prccludcd from recovering his of action having
remained if there arbitration at all He then
proceeded instruct them in the rule of damages II
they concluded to find for the plaintiff and directed
them to bring in u sealed verdict tomorrow (this)
morning.
Before the Chief Justice.
Rock Terry, ct al u.s. Spencer NJ Clark ct al.-This
the oath Of March 1S47 entered into contract with
the plaintiffs to deliver to them before the Both
ulsr brand to w.t. of the CITY Mills Rochester at So
per barrel to be delivered in parcels OF not less than
200 barrels each Soon after the execution Of the
tract the plaintiffs assigned 1t to Messrs Beas Co.
Of this city who, the 30h Of june notified the de-
PENDANTS to deliver the -four The latter refused,
plaintiffs and recovered judgment against them for
upwards Of $4,000 and the present suit is brought by
plaintiffs to recover the amount of that Judgment from
Clark j. Coleman for q violation of the contract.
nonut granted on the ground that this suit was
brought before the judgment obtained by Beas Co.,
against plaintiffs perfected, and satisfied, because
until then the contract legally vested in Beals j.
Co., and the plaintiffs had no interest In IT.
IN BANco.
APRIL 14.-DECIsIoNs.-Cat vs. Browne. Judgment
for plaintiff for the interest $3.50 from the CON-
of the suit and motion for trial deui-
cd with costs.
Heyer ads. WestcOt.-Motion to set aside report Of
referee denied, with costs.
Johnson ads. .4nderson-Judgment of nonsuit.
Whitney ads. Bhmt-Case dismissed for want of ju-
risdiction.
Bishop ct al ads. Vah-Motion for new trial denied
Gilman ct al ad'mr, Smith and Wye.-Judgment for de-
PENDANT on demurrer
Harris adsm. Standardization to set aside report OF
referees granted unless plaintiff consent to deduct
from the amount reported the 1914 81 allowed by
missions the sale to that company and adjust the
report that basis, in which the motion is de-
MED with costs.
Gton error Ferguson ct a-Judgment reversed,
wthoue costs
Gompert u.s. Lny.-Judgment reversed with $40 costs
Ballard Baker ct al-Appeal affirmed without
costs.
Peters rs. Fasee.-Appeal to be submitted next Sat-
urday to the court.
La,rton as Acknowledgment reversed by default,
with $40 costs.
Macdonald rs. Sullipan.-Ordcred that appellant show
cause, the 2lst inst, why appeal in this cause
should not be dismissed on service Of copy Of order
defendants authority.
Before the Chief Justice.
Nc Groarty .4iboro Hoyt ct ai-n this the
jury disagreed and were discharged.
Before Judge Sanford.
Schults as. Hasey-verdict for defendant.
Ordered that special term for the trial of issues
held the first Monday Of May next and much
ocacndar of law issues will be made for such special
term.
Notc-A general term will be held the first Monday
of May, by the newly elected Justices of the court
day and the calendar proceeded In if the state Of the
business will permit.