The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-05
Superi0r Court.



Prosper N W.imsrs Geo e. CsmpbsH.-Th's
action Of trovsr to recover tho vstus OF pr'-
p-rty o~Dsd by the plaintiff ~oca ~A' LEVIED on oy
tenant to house In South William street, ana NAV
the osfe Ldant as collector of nt levied On
his fur Liore for ths amount for which the aoose "a
sss.sted. The plaintiff msintsins the actoo on W.
three grounds; nrst that the corporshon n.ve 90
pe~@r TO xssess that the Constitution ALI
a.se,sments or vaiust,ons must be made by laey
but they bad the the osner In zee OF tne
house being assessed, and not the p'anun therefore
tee levy ON his goods al ia tbs part OF the
Defendant the negative of these two proportions WAS
mxin,sin.d, and siso that the form OF action WAS
wrong It should be- trespass or trespxs the
case ss psinuff had pad the money he could
cover IL back action of trovsr. Toe Chief jas
the Consideration Of the Court in bspoo, directed
the jury TO nnd verdict for the plaintiff Verdict
accordingly, SIS 90
Laurence rrordfoot: Jr, BY his nert friend, Geo
M. FeH-rbis vas An action OF trespsss, TO recover
damages for an injury al.dged to be received by the
plaintiff through the begligunce OF defe ndans ais
servants IL appears that dsfe ndxnt Is OF
lot 2st street. Fourth avenuo that about d-st
Of May last the defendant. or of his neg hoocs
commenced excsvHting, preparatory TO erecting q
house on the lot or some Of the adjscent os ami
threw large quantity OF rand and rubbish Ia fro at
Of the lot 10 block up the passage through the
street extent On the fifth or Nay, the plat
tiff, in company with his brother and two
Others, riding through 2lst street, and in
que nee Of this bsak OF sand AIS horse stumbled aad
fell plaintiff pitched forward the horses neck
and had his collar bone broken The dsfencs was,
that Mr. fell had agency the tn tt 1t
made by another person, AID Ina another lott and
that the party maAiDg tue excavation for his
lett it in iIont OF defe lot it
attempted TO be shown that the excavation not
made until the morning after the accident hapoensd
sEo that the proof that dsendsEt OF che LOT
was not sufficient to charge him. Sealed We. dict co.
Before Judge Sanford
James g. Bepins Us Willard $. Reed-Ths was
action Of atsumps to recover $3.50 alleged to be in
the Defendants hands as stake holder. 1t appeared
that, in April last, trottng match was made be-
tween the tSo celebrated trottinR mares Lady Suffolk
and Lady Sutton, to come of ON the Long lsiand
course, upon which occasion the plaintiff bst $500
tho match, with . man named Darrsgh; $3.50 aside
were deposited in the hands OF Rssd stake holder
For some reason planned the match did not
on The plaintiff afterwards called on Reed to pay
him back his stake, but he refused The defence
up was that another bet made on the mig mt
between Reed, the defendant, aud man named
Charlss REILLY, Of $3.50 that person bat Reed could
procure noIed mare, called Betsey Baker from her
owner Bovine made The stakeholder Of this bat.
1t seems, that afterwards RELY induced Bevins 60
owner Of "Betsey Baker to prove that Reed the
only perton TO whom he gave her The Judge charged
the jury that, under the statute both bets
legal but, % the first match did not come of, there
was no pretence for keeping the plaintiff "a stake
less 1t WAS shown that It the money plaintiff
paid to REED that Reed deposited With h,m again in
the bet that he Reed made with REILLY. or that
fact there was no evidence at ali events the evil
dsrce was very slight The jury retired, and
after returned with verdict Tor plaintiff for $3.50
Sarah DiiIen as James Murphy This
alleged to have beea sustained by plaintiff by being
run over by enc Of the efeadanss stages Tne
p1ntif Is very elderly lady, Iesiiing in the upper
part OF the city, and the defe udsnt Is OF line
Of stages running from Twenty Il fst daw
II Fms that tie first of October 1S47 she Ia
contact, in Twenty frs street. with one of the de-
fendant's stages by which she knocked down and
her arm broken. The defence is that the stage
going 1T the rate OF only four miles hour NJ the
time cf the accident, and that 1t through her
negligence md want Of care that 1t happened. Ad-
Journed TO TO morrow morning.