New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-28

COURT CALENDAR-J VednesdGy-Circst Cof.
Nos. 22s, 235, 907, 95 239, 1902, 1889 l,o33,
1856, 944, e94 GAS, 1894.
CIRCUIT CoURT-Beore Judge Edwards
/ Elisha Ruckman VS.. Stacy Ptcker.-To recoyet
of the stakeholder SIS, 000, being amount placed by
/ Mr.. hickman in the hands of Mr.. P against
$500 also placed in Mr.. p hands by Mr.. Min,
/ tura. owner of the horse Americui--the bet 6einz
ON a trotting match between Lady Suffolk and
Americas, in which the former lost, and The stakea
were given up to Mr.. Mntarn by Mr.. Pitcher, on
direction of Mr. Ruckmau. Mr. h. subsequently
sued the stakeholder to get back the $1,000 The
case was first tried in the Circuit before Judge
Kent 6 or : years ago, when verdict was given
in favor of Mr. Northumberland taken to the
Supreme Court, which reversed the decision On
the ground that Mr.. hickman, having dlrcctedthe
stakeholder to give up the money 10 the winner,
could not aterward enter an action 20 make tho
stakeholder pay back to hun a similar sum also.
Betting being against the statute the stekeholdet
has no remedy against the person TO whom he gave
mn fine stakes aud must lose the amount unless tha
marty to whom he paid it voluntarily gives it back
| The Court of Appeals, to which it was thence
carried reversed the decision OF the Supreme
Court and sent it back for new trial, as already
| referred to-
The Court in its charge, said the plaintiff is en-.
titled to verdict, should the Jury find lst thss
there had been a bet I'd. if the money was paid
into the stakeholder hands on that account; Cd,
if it had been paid over to Mr. Minturn as the mo.
ney lost on that bet-the point that Mr.. NJ. owned
$1,000 in it, and other parties the remainder, net
making any difference SO long as the money had
been paid to him. Should the Jury find in the al.
hrmative on these points, the Court thought they
should allow interest from the time the suit was
commenced, which would be about 81 900. The
Jury, however, returned verdict Tor but $780,
being the amount staked, without interest
TVm. Fl iSim0nS VS. Lane, LamsoN D. Colo
recover $3.50, being amount OF note made By
Thomas j. Hook, and given, without Endorsement
by an agent OF l.. l.. Il Co. to plaintiff for pods,
and the note not paid by Mr.. II. For plaintiff
was contended that the agent said it was bust
ness note, but made no other representation In re-
gard to it. 1t was also said for plaintiff, that It
was renewed note, and that the maker hadmada
an assignment about the time, which facts were
concealed and that, therefore, plaintiffs entitled
to be paid for his goods
For defense it was commended that every thing
was above board, and Mr.. S. voluntarily took tho
note in payment OF the goods.
The Court thought that the mere concealng Of
facts, even if known without any misrepresenta'
tons in the case, was not sufficient to Vate the
transaction. Complaint dismissed-F plaintiff,
Messrs Aliens x Campbell. For defendants,
Messrs Steward and Il. D. Sliman.
GEO. Thomas va. EGUGrd Il. R06erts.-N ote nr
S592. drawn in 1912, by Field Il CO. composed
of Thomas Field and defendant. THE deensea
that Messrs F. & Co., being unfortunate IN oqil'
ness were compelled in l842 to make an
assignment, which they did Tor the benefit Oh
creditors, and that Mr.. Thomas formally assent
ed to it-that subsequently ne called on Aes'
srs f. & Co. and wished them to lend hlM
their note so that he might take up the note
they owed him before the assignment noH
bank that Mr.. f. refused to give such note ods
Mr. T. was persuaded by MIR. I. to give 1t, the la.'
ter to take it up when it became due. MI l.
went away to the West, and the note was suedi
subsequently,, by Messrs. Benedict q Boardman,
on Mr.. Il. 8 account. 1t is declared to have beea
mere accommodation note, without considers
ton. To be continued this torenoon.-Fof PLAN.
tiff, Messrs. B. & Boardman and MIR. Brady FOE
defendant, Mr. Wheeler.
u. S. CIRCUIT CoURr-Betore Judge Judsoa-'
Alfred Hall VS.. John WiIeS.-I recover damages
for alleged Infringement OF piaihtIn pateh.m
machine for molding brick amount LAID at SOW.
The defense is that the invention is not new, &c'
To be continued this forenoon
DECISIONS IN DISTRICT Cot Rr.-IhoHtAs D.
Winston vs. Bark Blakely-On Charter party
The point that the master reserved % !anf
more room than necessary sustained libel otnef'
wise dismissed. Reference ordered.
In suit by the owners of the steamboat. oplen'
did against the sloop Globe and her owners ~F
damages by collision, the Court held, atter &su,
ment on the part of Mr.. w Jay Haskell, oPpossd
by Mr.. Mcmahon, that libel for collision nn@
and personam was against the rules and pfacuSSo
of the e. S. Supreme Court, and an owner Of Fls
Globe who had been arrested, was ordered 70 70
discharged from custody and the Court decllnsa
making an order on motion restraining said o8aFf
from entering an action for illegal Imprisonment
SUPERIOR CoURr--Generol Ter"imBe .as
Judges Oakley, Sanford and Paine-ELAsa 1G.s
R5d91cav Vs. Sarah C.. Bennett et al MIS-. II. 70
w;d69w If the late James Ridgway, wbo died u
l847. leaving an estate worth, 1t IS saio, IaS1
s150OeO. Mrs II. was married TO M H. ~ 10. .ys
or s22 and they have several children Us
Mr. r died without leaving any wal. II aPPe-s
tbat former wife of Dir. q. obtained dlyol orr
from him ON the ground OF nhdellty one hstv ~
danaLter who was mother CT the presehI ; IL
defendants, who are consequently gfa dg
If Mr. Ridgway, their mother DeHlg ueau. lain,
u IT. I,ra0dcbdren Of said first marriage cIa-
Inc 5.l'4 ,yHoIe Of the estate Mr.. Il. 1t 0el9s
" NOT having had right 70 marry a5an
~, lie time of his first wife, the dl'oISs
p l0 'robibited him doing so and the pieasaJ
NJ ggay and her children, by reason u sd Es
49, r}arage, have no clam whatever nP0' ''
estate. 1--,t,.o chi, in tbis Court as
-; Iis for DOVER ana verdict taken pro lo ~,
ber favor subject the opinion OF the e0a o,.e
III T T9 case was brought up on argument met
dor It is contended on behalf Of MIS- ;, , ~
the divorce did not prohibit Mr. Il. i6o . n as6,
s,, or inyalidate that second marnaSs ,vav
Ear oryclause ofthe Law was DON tbat
.t he the general repeating act Of ls3o an M
AVER since said time to his death, Nh 4nu and
Rideway lived together and yalidy were md md her
VIE VIE and that she is entitled to dove, .ssn o
Children to share Uncommon with the cni, S 'S-aaa
inst marriage of Mr. r Messrs pa a35ot Sls 6.
All Charles O Conor appear IN oaaa ~ y i ne
d Messrs Cutting aud Lord ~ D'
caimants.