New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-15
LAW COURTS.


LAW COURTS.
COURT CA1ENDAR-This Day-C ircuH Court
Nos 1000, $685. 1907, lOl7, 1920 l2l lOa2, l,Oa4
to l,030.
L. s. District Comt.-Nos -, lO5, 81 %, 50
to l3.
US DISTRICT CoURr-Be fore Judge Judson--
abraham B. Holden et al vs.. Steamboat Oneida
BY the owners of the schr Dolphin against the
new Wamsburgh Ferry Co. to recover 5000.
alleged amount of damages sustained by SAID
schr on the morning Of Sunday 9th Dec. last In
being run into by the Oneida, one of the Grand
St boats. 1t is avowed that the Dolphin lay at
anchor little below the New York Grandst.
slip and at proper distance from the shore.
where she had a right to lay when she was
struck amidship by the ferry boat and damaged as
above.
In defense, the jurisdiction of the Court in the
case is denied To the merits it is alleged the
fault lies with the schooner, she being anchored
within 40 feet of the shore, and directly in the
mouth or opening of the ship. This was denied
by libellants
The Pilot of the Oneida testified to the schoon.
err being anchored directly in the wayne dl0
everything possible to avoid her, but without Of
feet.
II appeared that in going into the slip the Onei
da went clear of the Schooner and under her stern
and it is averred she was still further out of the
way when the boat came out in consequence OF
having swung round with the tide.
The Court considered the steamboat to blame,
and made decree in favor Of libellants, case to
be referred to ascertain amount For plaintiffs,
Messrs. e. G, and G. L. Benedict. For defend
ants, Mr. Prime.
The case between owners of schooners Indus
try and Thomas Martin, for value OF former vessel
and cargo, sunk by collision already referred to,
is still on
CIRCUIT CouRT-Before Judge Edmonds.-W
Burger and Michael La C0ur vs., Columbia Fire
Insurance Co. Of PhHadeiphiQ.-To recover ST.
I49 80, alleged loss by fire at the burning of the
match factory of plaintiffs situated in Secondary.
between Twenty ninth and Tbrtieth SITS. in June,
1sl8. The Company had al office in New York,
Mr. BENZ. S. Whitney being their agent. Plain
tils never were furnished with policy, but they
aver they made agreement with Mr.. Whitney
in jan l84S to insure $500 on the building, $1,000
on the steam engine and machinery, and $4,000 on
the stock paid Sl50 for premium and Mr. b. sub
scribed for five shares Of the stock giving his
bond for $3.50.
In defense it is ayerred that Mr.. Whitney was
agent only to limited degree, having no power
except on ordinary risks, and that where there
was extra hazard he vas previously to have the
assent OF the Company-that Mr.. w. wrote the
Company of an application to insure on the brick
and tin building and machinery of plaintiffs, and
perfectly fire proof, but said nothing as to insur-
ance on the stock that they never received nti-
nation from him OF such insurance, or a request
for policy-and that they would have rejected
altogether the proposition to insure SO combqst.
BILE a stock as that of match factory or required
a much higher premium than allegedto have been
charged
Mr. Whitney removed to the West, and com"
mission was sent to take his testimony IN relation
TO the matter. He stated that the insurance was
made, but to the question whether in the APP
pcation the stock was mentioned, 1t Is SAID he
has not made any reply. Mr.. Whitney died
few weeks since, so that the omission, if there is
any, cannot be supplied, and defense contend that
the omission was no fault of theirs as they gave
full notice in regard to the point. To be continued
this orenoon.-For plaintiffs, Mcssrs. Mulock &c
Evans: for defendant, Messrs. Upton and w
Dodge.
CouRr OF COMMON PLEAs-SpectaI 1erm--.Be-
fore Judge Daly.-Conner &. fI00d vs. Mary
Jane W00d.-Suit for divorce, on the ground OF In
fidelity relates to party named, but winch
Mrs + on her oath fully denies. The present Is
a motion on her behalf for alimony, and allow
ance for counsel fee to enable her to defend the
suit The motion was opposed and argument
heard.
The applications, on habeas corpus, for the dis.
charge Of Messrs Ford and Whitney, from Cali
fornia, arrested as to alleged counterfeit money,
but the arrest ayered to be invalid, were post
poned till this forenoon.
COURT OF GENERAL IHwSday-
Before the Recorder and Aid. Brtton and Dele
mater-C. De Lozado--The attendance OF TINS
person is required at the Office Of che District AT
torney, without delay. alag
Trial far Grand Larceny-Geo Boyl :ha, ainS
Billy Barlow was tried indictment from the
him with having on 18th last Sept stolen Iobnst
store Of Peckham, Dennis & Co TO- r. onneared in
gold curb chain valued at 730, ~ ~pp 9Th ano
Evidence that the accused in company nyo the store
tber irdividua on that day, went n"rb chains
,le1 rernested to be shown some cue n bs
They shswa5 b 1 Iii. an ons off from tho
hands ne oaTyey to his packet Hs moyeneIss
Flng ana naver observed by one OF the nrn VINO
arrested NIT 1ritbout leaving their seats found him
Inc 1u I'D the Court sentenced him 70 the state
guiIity, a aaI three years and months 80.
PrI B,,rai0rv IN me First DegTee-James Williams
, nE lem Lawler was tried for the above crime,
a. baging on the night OF the 30th Of September
I IN broken into the house OF Frederick Bone.
l ,aet No. $50 Mottst and stolen money and
rIofbing to the value of s73. The evidence did
not sustain the charge Of burglary, and he was
convicted of Petit larceny only and sentenced to
the Penitentiary for month";