New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-16
LAW COURTS.

COURT CALEsDAR-Ths day-Cireut Court
Nos 90, 90, 40l, 597, 500, 65s 654 654l, 66f, 1917
OILS, 63O cog. go, GIL. Reserved causcs-Nos. 9
3D. 500.
Common Pleas-Part Nos IS, 1903, lO5, 4Oy
lO9 $685. III. ll3, III, ll9, l2l. Part II.-Nos l9O
2i0 242, 2fi 2iG, 2i5, 252, $50 $50. 260 .Gi goo,
26e 30 272.
Superior Corrt-Transferred CalendM-Nos. 3,
9, a. a. &C, a., 49, 49, So 81 &C. 49, 30, las "a. 81
80, 81, 100, 81.
COURT OF COMMON PLEAs-Special Term.
Before Judge Dsly.-Ingham VS.. AeademV of
Design.-An order was granted on application of
complainant, restraining the Academy from elect
ing an additional acsdemican as has been contcm.
plated by the Society with a view, it was said TO
throw the Society open fer additional membership
the Society to show cause, yesterday, why the in
junction should not be permanent. Some Objec-
ton was made to the papers Of complainant, and
he was allowed to amend. Mr.. BalIestier appears
for Mr. ]. and Messrs. Bonney & Roe for the Socie-
ty.
Thai Term Before Judge Ingraham.-Joka
g. Wfnter, VI. Cr0mrtH. HaigM 81 C0.-Lost note.
-Mssr. &. II. X Co. in Aug. 1877 handed to Mr..
w. ia broker, and also collector Of notes abroad,
in Wall-st) note for sl67 drawn by Richd Cog.
dell in March at months, and payable at tho
Branch Bank Of Cape Fear, Washington N. c.,
to collect. Mr. w transmitted it. After the usual
time had elapsed when the note should have been
beard from, Mssrs. C. II. & Co. sent to Mr. VS.,
Note, but advanced 500 upon it. In April iolos-
inc Mr. O. suspended payment. the Note not having
found or been paid, but bond OF Indemnity aud
letter. in the time seat 10 him, at the instance
OF Mr.. W. by G. Ii. h Co. authorizing and request.
ing lin to pay the amouut.-The present suit
is by Mr.. w. TO recover Of c II. h Co. the 500
paid them, coutendlg it had been paid in mistake
and from want OF knowledge to the facts.
In defense It is alleged that the note had been
lost through the neglect Of Mr.. w. in not properly
renting il; also that he omitted for several
months after a knowledge OF the loss Of the note,
to take steps by which to secure its payment, Mr..
C. having been GOOD for the amount until April
AS to what iranspred 1T the time Of paying the
$780, the witnesses differed, tho agent or plaintiff
stating that he advanced it without any knowledge
that the note hal been lost while the agent for de-
PENDANTS say that former stated at the time that
tie note bad been lost.
The Court charged that if there hal been a mis-.
take OF facts at the time Of paying the $3.50 aud
negligence in the mode OF transmitting the njte,
the Plaintiff s entitled b recover, but il no mistake
OF facts and there had been n neglect u trans
hitting, he cannot recover. AS 10 the first the
Jury must decide from the testimony. La regard
TO tie negligence, if the letter enclosing the note
he'd been directed wrong, or carclossness used in
sending il to the Post OAcc the plaintiff cannot re-
cover, but 10 neglect OF the kind appears b have
been shl WI, but the contrary. As 70 the means
not having been taken at Washington 70 collect
the note, that is matter for which the plaintiff is
not rcsponsiblc-he merely undertook totransmit il
for collection. and he used the ordinary diligence
and paid the slG0 under mistake OF facts or want
of knowledge that the note had been lost, he is en-
tiled to recover. Verdict for Plaintiff. sls3 II,
being amount AID interest. For Plai1tih Messrs
Jas. L Brady and Buckingham II smales. For
defendant, Mr.. c. I. Cromwell.
The suit against the Harlem Railroad Co. 70 re-
cover damages TOR the doath Of Child, is still On
CIRCUIT CoUKr-Meia vs.. albany Iasaraac-
C0-This case is still or. The counso fr def nss
commenced summing Up as the Court adjourned.
SCPIRIoR COURT-Tranierred Calendar-Be-
fore Judges Duer, Mason and CampbelL--E. 4. Il.
Rict vs.. Hussoz 4. LVRck.-On a suit below D.
recover Of MessTs. Edward Lynch ani Joseph
Iiuss0n $500, Tor copper work furnished b a disti
lery conner Flabush and Jamaica Tumpikes
Brooklyn il was denied that II October, 1916 Mr.
H. was partner in the dstillery, but the Jury re-
turned verdict to the effect that he was a part.
ner and gave a verdict against him for the amount
Apleal Is made; MesEn. Z. Sanford aud Husson
appc airing for the appeal and Mr.. Wright 70. plain
tits. Argumentwa heard.
Court OF GENERAL Hednssd1v--
Before the Recorder and AID. Griffin and Oakley
lriais posfpoHed,-The trial of John Brogan, in
dicted ior rape and that Of Hiram McGary indicted
for grand larceny were, a. the solicitation Of Coun
sell postponed in consequence Of the absence Of ma
teris witnesses.
The rae Of Joseph G. ASkley wa, caIled.-He
read an affidavit stating the circumstances Of his
having got the bills he passed from Thompson. who
owed him money, aud that he passed them in good
faith, and also that as be had been used as wit
for the State against Thompson. that he could
not be tried on the indictments now pending The
further argument in the case was deferred until
Thursday morning.
Grard L.orceny.-Iuia Johnson. coiorsd was