The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-07-01
Superior court.

Jvsr 20 Denis ssd,isr ct al. Us. YIN E Thompson =
This was an action on guaranty It appeared that
man named Scott, to travel through the South and
Canada to make sales Of particular works suited to the
markets OF both places and gave him large collection
Of books, for the sale Of which he receive per
centage, the defendant guarsntyng the faithful per-
soa the books and hs proceeds o the
some part Of them, and now seek to the
guaranty The defence was, that the plaintiffs specu
erued the sale Of the booksthst the honesty Of
Scott, which was alone guaranteed, was uumpugned,
and that therefore the defendant could not held
sponsible The jury, after . brief charge from the
Judge, brought in a verdict for the defendant.
Before Chief Justice Oakley.
James Jackson and WIFE rs. John r. Siagg,-This was
action on bond for $4,000. 1t appeared that de-
PENDANT appointed executor to his father that in
ls49 the Surrogate on the application of the plaintiffs,
elected to obey the summons an attachment, for
contempt was then granted, directed to the Sheriff,
upon which he was arrested, and, to procure his dis
charge, gave the bond In suit The plaintiffs subse
quenty obtained order to proceed the bend The
defendants counsel moved to refer the cause to an ar
btrstor to ascertain the amount actually due to the
plaintiffs sontendng that the jury could not assess
damages but should IL the was allowed to go to
them find verdict for the full amount Of the bond,
whereas the defendant admitted by his answer there
only about 81 200 due to plaintiffs. The plain
tns counsel resisted the application, on tho ground
that the net within the statute referred to by
defendants counsel and insisted that verdict should
be taken for the penalty Of the bond that defendant
was in contempt and the only way he could relieve
him self by going Immediately before the Surrogate
and passing his account the judgment In this cause
in the meantime to stssd security for any balance
that might appear against him The Chief Justice
took the view and directed the jury to hnd
diet for the plaintiffs for the full amount but ntimated
that he would grant stay OF execution for reason
able time TO give defendant opportunity to pass his
account Verdict for $500.
Jsosb C. RDprs Clinton s Bird and Peter Granf-This
action for false arrest and imprisonment On
the part Of the plaintiff u was alleged that the de-
PENDANT charged him with having stolen a model OF
boart worth $500 and caused him to be arrested aud
imprisoned, aud that subsequently the model
found In IL. usual place on the defendants premises
IL Afterwards turned out that arrest made, aud
the court ordered non. suit.
Buekiurhan 4 Co. 70. Winchesier- was an ac-
tios for goods sold and delivered The sum claimed
sl2T 81. appeared the store " John
occupied by the nrm Of Hilbert Co. for the sale Of
Shakers herbs; that HILBERT Co sold out TO man
named Nc Mullen who Afterwards sold out the de-
PENDANT. That while McMulen occupied the store,
the plaintiffs sold him goods aud that AFTER he sold out
to the defendant they also sold goods to the dcfen liant
himself That defendant, upon the sale to him BY
McMullen had assumed the debts due TO the plaintiffs
The defence two fold; FIRST that the be-
tween MoMullen and defendant vas not negotiable,
and could not be transferred TO third party Who
no, p,y 90 s,,sss out 3, hi. ,,nre ~ nIsn, ,ha
price Of which he insisted setting OF against the
goods delivered TO himself lie admitted s37 20 be due
to plaintiffs which sffered to them, and he the
defendant, was willing they should take n judg-
ment for that amount The Chief Justice, In chsrg-
ing the jury said IL appeared that the agreement be
tween McMulien and Winchester was that the latter
should assume these debts and, according to MIR.
Thcmpson's statement, he afterwards promf to pay
the plaintiffs and, In point Of law he did nj ~hy
the defendant Is not bou ~ by that promise "a regard
TO the seto the plant counsel insists than by the
agreement the debts for The goods he furnished we're
60 be collected, and II that Is the construction II
would follow that the defendant must pay the full
amount Of the account. The jury found sverdct for
plaintiffs for the amount claimed
Present, the Chief Justice and Judge Yanderpoel.
JUNE SO.John ~ Cwvi,, pianttG IN error, rs ~ vsn
We defendant in Judgment for plaintiff in error
the demurrer TO the assignment Of error In fact
Judgment reversed, without costs to either party
~, anme rs. Henry Todd The like Judgment.
The SANE Randall The like.
Evons ads. Monie,fh Motion for new trial denied.
Read 1t al The Mutual Safety Insurance Conpany-
Judgment for plaintiffs for the partial losses less the
paid into Court The PLAINTIFF not entitled to
for the total loss beyond the sum paid into
Court therefor.
Hickman ads L~ngiey 81 oiMotion TO set aside re-
port referee granted costs TO abide the event Of the
suit and rule Of Observation-Disclosures