The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-26
Superior Court.

Before Judge VandorpOel
wss brought to recover $3.50 TO- under the owing cir
cuDstances 1t appeared that = MIR Hugh Grimm, On
the 3lst August s4S entered into with the
defendant and others, to extend pier No. II North
River at the foot Of Carlisle street 2s6 feet aud 20
thssthe and repair the for whicL he to
eeivs, by instsmsnts Of 1852 the sum Of S. o7o On
the 4th If September following Griffin assigned the
contract and all interest therein to the plaintiff Mr.
Griffin went and completed the work and It
received tho rt and thru insalments but defendant
refused to pay second. The defence that the de-
fndant and those in interest with him, were par
ties TO the assignment from MIR Griffin to plaintiff;
that they had recognised IL, aud that the two
the WRIT. order Of Griin the defendant having
fused to pay upon any other conditions 1t Also
stated that Griffin had called the defendant and re-
ceived the second n-tsment. Verdict for the plain
TIL for the amount claimed, with interest
Before Chief Justice Oakley
.4ugustre II. 7htrbrr rs Ward II Work and jobs r.
Dvakr.-1his war an action contract It appeared
that the plaintiff purchased from The defendants who
commission m~rchsnts ss barrel. Of beans, ssah
barrel to contain three and half bushels, 1t So cents
per bnshel Plaintiff it sold the beans. the
day. to Parrons Ner. at 81 Is per bnshsi, and
gave order on defendant for them and also gavs
def ndsnts an order MILLER Pxrsons for the price
If the beans Thirty bushels delivered but Mil
Ter Psr-ons refused to receive any more, aud ssnt
back the 80 bushels, together with ths order. The
plaintiff then called upon the defendants to deliver,
and they refused. The defence that there no
delivery and that the contract for saie being Ia
writing required by the .tatute of frauds the plain
tiff could not recover 1t was shown that the 30
bu h-ls were delivered by defendants clerk without
their know dye, and under misconception which
not n eevery TO take the out Of the statute The
thief Justice took the view, aud nonsuited the
plaintiff
Lere,aH .aik'm re- VIM. III. Dyksman.--This
action charter party to recover 5000 The defen-
dant chart,r, d from the plaintiff the brig Shamrock,
for voy TO Ssgua LIZ Grand aud to asy other port
the roth side Of the Island Of Cuba, aad from
thence back 10 New York for which he Was to receive
S11O and the defendant to all port charges, 10
but II he vessel did not tn other port than Sgus
La Grand and bring return cargo then plaintiff ~ss
only receive 500 The vessel arrived ut the last
named port and deli her cargo after which
vey called she found not to be seaworthy and
con ID. nped upon which .he abandoned IL seems
that tn. Of the defendant paid 1912 for port
charger &c which the defendant insisted upon setting
of against the plaintiffs demand, and was willing TO
pay the balance The question OF ret-of being the
only In the his Honor directed the jury TO
find for the plaintiff with liberty to the defendants TO
bring the matter before the full Court Tor Its considers
ton.
IN Re Risgyoy This cause. which ia one Of dover,
was called on his morning before Judge handicapped,
and by HIM rent In to be tried by the Chief Justice In
the =, coud branch Of the court When the parties
before the thief Justice it turned out that the
enor counsel OF Of them had to to tho Court u
Sessions, and then engaged ia tn. crosssxamina-
tion Of u witness This associate COUNSEL prooesd-
ing the facts to the thief Justice, aud to
quett . post ponement Of the case until "Wednesday
CuIrr J, srucr-It Ia unnecessary for you 10 make
any marks to The cause has been seut in here
by Judge NsDdeIpoel aud all that Is neo-sssry for
10 kn"w IT, whether you ready to try It not He
bss charge OF the calendar and you have any appli-
cation TO make, you must n AXE il to him
The parties then went before Judge vandsrpoel, End
stated me occurr nee 20 MN anu That they dia NOS
ie Jnsted III proceeding IN the absence OF the Lead
Ing council
os ths CONT swsy, a"sum,I rh I'm on ,ota ~
eoun,rl 20 po.tpu. cause When proosr grounds we're
laid for IT. and cannot UNDER why the Chief US
tics would not -x.rci-. the same power. You will
therefore have TO 20 back to him. and get him
range the matter b~twstn yoa
hry thtn r.'nrnra ana the Chief justice postponed
inc cause until "e'"s''"y'
SPECIAL TERM.
Before Judge Edmouds.
gett lupatc-A ouon that Committee pay the OK
Ppses ny the referee iu caring TOR tue psrson
the iunatc grsntro and new commission dc tane-