The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-28
Superior Court.

Before Judge Vanderpoel.
JUNE T.-.3Ieronder Smith Benjamin Lvnes This
is action on two pronissory notes made by the de-
PENDANT payable to the order Of the painti-one for
1892 H. and the other for $3.50 80 the signature to
both notes was admitted The defence ret mn. gens.
rally, that the transferred by the plain
tin to John Smith, who was tho present owner and
thdt under the code an action be maint aimed
by Nny but the real party In interest Against tho
second tho defendant set special defence wit,
writ OF repevin took it back sold it, put the money
in ms pocket and by this suit seeks TO get the amount
replied by the plaintiff that the repevn sent was de-
cided in favor Of defendant and IL he Che defendant
succeeded In this suit he would get rid Of the note
and have the csrpetng or at all events its value for
nothing To the other defence it replied that the
possession of the notes. and their on the
trial was Iwa Jaeie evidence that the plaintiff wa the
bona tide holder Of thu M and that lay the defen
Before Chief Justice Oakley
EH1s finn Ridgspay .qitrel Ogden George W.
Ridgevoy and Sarah II Benue-Tbis was an action ~
sJsclment IN dover brought by the plaintiff, Mrs.
in ls47 possessed OF very large real estate in this
city The plantiG proved that in 1921 she was married
to MI Ridgeway, in this city, by the Rev Dr. Covell
othe Protstant church but that in 49,, In
consequence of some doubts being expressed of the
validity OF the marrisge parties were AGAIN married
In this city by the Rev. Mr. STAFFORD Presby
clergy man. that they continued to live together AZ
man and wife until the death Of Mr.. Ridgeway; and
That during that time she had Joined in various con
veJances Of his property his wife The def,ndants
proved that in 1872 Ridgeways first wife died
Doh
who is still living that he had two children by hern
son and daughter; that the son died: and that this
daughter afterwaIds married EbeneEer Bennett, and
oleu leavlng q daughter named Sarah A. Bennett one
OF the Defendants in this suit claims title to the
estate In dispute asone Of the heirs Of her grand
father Jas hidgeway that in 1922 Catherine Doh filed
bill in chanc-ry against Mr. Ridgeway her hu .ba nd
charging him with adultery; and that the 2sth OF
August in that year the then chancellor decreed al
Vorce rncuto Mai'ionii between the parties after
which she again resumed her maiden name of atherne
poo Inc a.iendants counsel therefore insisted, that
py the act OF wbicbiprohbits the guilty party
marrying during the life time his wife the Two ar
risges Of the plaintiff void aad conse uenty she
is not entitled to dover out of Mr. Rdgeway,s pro-
perry The plaintiffs counsel insisted that the de-
cree OF divorce neither does, could it under the
, ioio 10 pursuance OF which it was granted,
tam a prohibition against . second marriage The
disability to contract second marriage Was i'm sosed
py the statute and such disability might
cd the effect attached by the decree although no mart
Of the decree itself but the statute Of 1913 being re-
psaied in 1890 and consequently, though the decree
remains unmpared, the effect attached to 1t by the
act OF 1918 is taken away. Therefore, the parties be-
ing legally competent to marry the LIST of Jsnuary
ls wnen the act Of 1873 was repealed, the Law viii
as man and wife good faith and with tho
n'enton TO hold that relation to each other After
agreed that verdict seould be taken for the plsntiG
subject to the opinion Of the Court on the case 70
% MADE with liberty to either party to turn it into
bill Of exec ptions.
Henry Carpenter IS. Ca'rin L. Dennis-This was an
action to recover damages for Islander. 1t appeared
that both parties reside in Washington street. and are
engaged in the wooden ware busincss that in Is4S
they had various dealings and that upon one occasion
the defendant went to plaintiffs store and in the prs
sence and hearing Of several persons called him a
CHEAT, &c. The defence was that one party had lot
of brooms and the other let Of baskets that thew
trca into an agreement to trade off one against the
otner; that the negotiation afterwards
ana that the Defendant returned the plaintiffs goods
that the latter did not return the upon
when he went for them, and that the plaintiff then
us,d provoking and insulting language to defendant
ordered him ont OF his store &C. that in the heat OF
passion, ne made use Of the words com Of and
without any intention campaigning tho plaintiffs cha
rscter or credit. The jury found verdict for the
plaintiff, for SIS. ~
b.. ATTEMPT TO MURDER AND Ron THE CHEROKEE |
AeENT.-We learn that on the night of the 9Th in
slant, about twelve O'clock several men broke into
me room OF the Cherokee agent, at the agency, and
beat The Hon r.. c.. s. Brown, with an axe or |
clubs, SO that his life is despared Of The villains.
no doubt, intended to rob him, as he had lately Ia
ken W several thousand dollars to pay off the claims
OF the treaty pariy. They left the agent ifeless
upon the floor, and were frightened off by persons
who were sleeping in an adjoining house, and were |
awakened by the noise. Judge Brown il is thought |
VIII recover Three of the villains had been ar |
rested one soldier, one negro, and fellow by
me name 81 Lacy, who Is neither wAi.e, Indian nss
negro, bst httls Of saeh,-N g. Deito, ysu 10.