The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-05-24
Common Pleas-speeial Term.


May 22-Lissak and Tobias Green.--Or aered, that
the of the defendant in this aside
as sham answer, and that plaintiffs have Judgment,
unlefs defendant, within four days amend his raid
answer, by setting out fully and specifically his de-
fence, and pay $40 costs of this motion,
CHENEY and Johns Wood.-Ordercd that this
go of for this term and be set down for the 18th Of
June payment of the of the term and Of
$40, costs of opposing motion
Hunt Di1on-Ordercd that Judgment be entered
for the plaintiff for the amount claimed and that de-
PENDANT pay $40 costs Of this motion.
Before Judge Ushoensr.
Gilbert I. Vincent Shaw d. Carter.-This
which commenced yesterday. terminated in nonsuit.
James X. Sparrow rs. Corns Han Wyck This is
action to recover $173 CO. the price $50 gallons Of
lamp OIL at 81 II per gallon The defence set up is,
that the oil not according to sample Adjourned.
Before Judge Ingraham.
John To'er rs. Samuel Taylor Henry Hunt and Francis
PateThis was an action Of trover to recover 500,
the value of quantity OF iron aud brass castings 1t
appeared the plaintiff sold the goods in dispute to the
defendant Plate) soon after which, Plate assigned
thm to the other defendants in trust for the benefit
Of his creditors. The plantf seeks to recover the
price Of the goods two grounds namely that Plate
obtained them by false approximations and secondly,
that ut the time he so obtained them he knew he was
unable to pay and dia intend to pay for them.
His Honor said in charging the jury that the plaintiff
insisted the goods obtained by Plate under false
pr.tenccs; that at the time he purchased he was
una Bile to pay and intended to pay for them IL
certainly true that some of the Representations
alse. II the witnesses are to be believed and it
for the jury to ray whether those conversations
were such as to avoid the contract. The rule
withregard to false preences are first that the re-
presentations are false. and made knowing them
to be So Second, that they made to obtain the
credits and. lastly, that credit given the
strength of the representations Upon the other point
namely that defendant. at the time he made the pur
chase knew be unable to pay for them you must be
ratified that when he made these purchases his intent
was fraudulent. and that he knew the time he
unable to pay for them. Sealed verdict tomorrow
Qhis) morning.
Before Judge UlshoeRer.
May 23.-Spavrow rs Ian Wyek.-Thi cause
given to the jury this evening The two points in the
were frat, whether the oil sold for cash.
a credit Of fifteen days and second, whether 1t
adulterated contrary to the statute They both
qucstons OF fact altogether for the consideration Of
the jury Sealed verdict tomorrow this morning.
Before Judge Ingraham.
WHiom c: H,nerTe rs. Chester GoodseH 4 anthony
Richards-Ths action Of replevin, to try title
quantity of household furniture and wearing APP
parel he plaintiff boarded with defendants, and al
legged that he went to the country leaving the property
behind him. with the understanding that he to
claim 1t his return. This the defendants denied
and insisted that they were given absolutely to defen
dants, in lieu Of board The jury found verdict for
defendants
Toierrs Taylor ct ais.-Thc jury in this rem
dered verdict for the plaintiff, for S107