New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-06-29
LAW COURTS.


SUPERIOR CoSRT.-Befo Judge Pane.-John
u. Murray VS.. John Bruce g. Soa.-Defendants
are ship bread makers. They agreed 70 deliver
plaintiff 81 900 worth Of ship bread-pot at 81
cents, and navy st cents per h. 70 be paid $500
cash and plaintiff TO cause two suits against de-
PENDANTS for $500 to be Immediately discontinued.
This was in October in December application was
made for the bread, pilot bread being demanded,
but Messrs Is. refused 30 TO deliver, Ayerring they
had right TO deliver navy or pilot bread as they
pleased also, that the suits had not been lmmeds
aey discontinued, aud they were not bound 20 per
form Action is broug hi for damages. Verde. Tor
defendants subject 10 the opinion OF the Court
For plaintiffs, Messrs. Stephens x K ane for de-
PENDANTS, Messrs. J. T. Mills and J. NJ. Van Colt.
Ffreuson vs. North BeriaA Baptist Church.
Mr.. Horace +. Clark, Counsel for Mr.. +. stated
that be did not see the Counsel for the other side
present, but be would proceed, and take an aquest
MIR James Ferguson, his client, became married.
be said in lsi3, to Grace Robinson. She was, et
the time the holder OF bond for $1,000, executed
by the North B,rah Baptist Church, late Mr.
Dunbars in McDougal st Of which Mr.. Ferguson
was q member and a trustee, and Mrs. Ferguson
was also member AS the law then stood, bat
was changed in lsie, Mr. Ferguson, in his right as
husband. became entitled 10 this bond which had
belonged 10 his wife The bond was for money
loaned the Church, we believe, b. Mrs f. before
her marriage, AID drawing interest. She had been
engaged in the business Of manufacturing straw
bonnets land concluded 10 reduce il to possessions
but some Of the genteme engaged in the church
chose to enlist themselves and become parties IN
difficulty which occurred between Mr.. Ferguson
and bis wife, and with view TO deprive him OF
bis right a contry ance was resorted T. by which
the Church paid 70 Mrs. F. the amount due 10 her,
and she handed it back to the Church, who exc
cuted bond to Mr. Norris, who was q friend u
Mrs. Ferguson. Mr.. +. then brought action
against the Church for money had and received
from bis wife, which be, as husband, had right
to. The case was tried some time ago, and a yer.
dict given for Mr. f but set aside on the ground Of
irrelevant testimony or something Of the kind. The
present is the trial.
The counsel called Mr. Price, witness bat he
not appearing, the Court waited for some time,
when one of eentlemen engaged ia the Office OF
MIR. Jas b. Whiting, counsel for defense, came In
and asked TO have the case put off, as there would
not be time TO try II this term The motion 70 pat
OF was granted.
Mr. Clark was also counsel in another case, not
connected with this or the parties, in which suit
was brought TO recover a Note for $500, 70 which
& plea Of usury was set up, and which the counsel
for defense asked to have laid over on account oil
the absence of material witness. and that there
would not be time TO try II this term. This was
opposed BY Mr. G. who stated that the defense
was only intended for delay, and that If the case
had TO lay over till he xt term the defendant might
fail, and they would lose their money. We are
told there are vast many similar cases among the
msny hundre d. or thousands, perhaps, OF causes on
the different calendars Mr.. c. thought if the case
were allowed to 60 Oft they ought to have security.
Il was laid over.
Before Judge Oakley -EdcGrd Dennis, and
Frances Ann, his icife, 4. & j. DareHp0t-
Mrs. d. Ia young. respectable appearing woman
went 10 the crockery store OF Messrs. Davenport,
in Westinghouse between Cortland aud Dey sts.
one day in June last, to purchase some crockery
ware. One oil the Messrs. Davenport waited upon
her. On her following him toward the rear OF the
store. whittier he went 10 get the goods she want
ed Mrs. d. fell through hatchway IN the noor'
which, unobserved by her, was open into the cell
lar, whereby one Of her legs was broken, and she
wss much hurt and injured. She was conveyed to
her home, and sick iOr some weeks IL u charged
that Messrs. ID. exercised gross negligence in per
hitting the trap door to open. Action is brought
TO recover $3.50, expense Of sickness, &c and
$1,000 damages. Mrs. ID. was eHcIeRte at the
tine her child being born about three months alter
ward.
Mr. Dennis, at the time, was & clerk to Mr.. Isaac
Newton. on a small salary, and Mrs d. It was salo'
assisted in their support oy sewing, which, In con-
sequer ce Of this fall, they were deprived the oene-
tit Of, DC.
For defense il was avered that being whole
sale store ard rot retail, Mrs d. for latter, had
no right 10 be there-that the hatchwsy was 80
conspicuous liz was about half way down the
s,orel that any person exercising ordinary care
would observe and avoid il, and that defendants
were not liable, however much they regretted the
circumstance. Il was shewn that three or iour
other persons bad fallen down at former tines but
nobe OF them seriously Injured.
Mr. Cochran, IN summing up for defense, referred
10 case IN Denis, 264, being an action against
the TorawtLda Railroad Company 20 recover ios
cattle which bad sirsyed rom the enclosure, got
on The railroad. ard xers killed and other cases.
&c ftow hat where there Is negie ~ PlantIn