The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-04-01
Superior Court
Before Chief Justice Oakley.

AlAE0ID BREACH or covrRaCr-yoav n. HATHA-
WAY Va. JAMES GORDON BENEFIT.
MARcB 22-Mr d. D. Ffsld. Zone Of the State
stating that IL YES - an sosssD for the va
Istisu Of . eostraet under the following etroum
.sness Mr. Bennett is proprissor and editor Of
DeiIy carrier Of that paper 10 ths eitssuth ward
Tbs Hrsld 10 paper Of large ereulssioa It 10 what
the term not taking payment from subscribers bat
selling for cash the carriers, Who then deal With tue
lpsrs'ivs the right l. valuable and IL has bseoue
practice t. sell these from hand hand There
ka sistneticn bstweee these cash papers and those
Which deal directly With the subscribers This carriers
buy certain number Of tickets which eutiss than 20
Iscsv: the price charged tue carriers u one
aud half cent for esch and they sell tsem for
tvo cents In lS46, the plaintiff purohssed from Me-
wipRste bis rights the OF ths Fiftssntn ~srd
went to the Hrrsld office and there made koo~. the
fsct rsosv@d the and carried ON the ousoess
os Two ys.'s until Nay L. is's Tbs ~sio,
insists that had right tn the situstion that he
held Of the and soua NOT 90
ing end without cause IL IL laid dosu - prnotple
OF Law that . servant cannot be Dismissed Without
the each newspspers that the employed shsll have
The right TO hold the situation long ~ the ployef
be gully Of default it IL prast,oe 60 sell
there routes OF cssh aud be would show that
known propretors and that the transfer In ths
present sase known to this defendant Plaintiff
that he could not be wed With )ttcs
ana without cause; that he WAS making si5 . week.
and could bs making $40; and for the violation OF
that contract he seeks damages at the hands OF
jury to the amount of SIS 0U0 Counsel real tue plead
ipgs sud submitted that the ssins routes
Justned scton and warranted the belief that the
routes saluabie
admitted that asfsn iant il proprietor and pub
sher That he res carriers but he denies that the
good will Of the routes belongs 70 the carriers The
question then s wbs'hsr plaintiff has any right In the
good ~ti spo whether he Violated his duties.
ar Ed-srd SsDdford said That the d-feadant pub.
lhsd notice IN the Herald Ia lsai that no carrier
se The Vt either ceiling giving t.em Away o. he
Jl.ssed potice ed that hs would not poy
Any e.rr,sr who s.r,i.d the sun or tns wAn ssrss.
having carried the Tribune aud Express At tae time he
vac removed from the ward Mr.. Sanford moved,
after the statement of the plaintiff counsel that this
complaint be dismissed - no such conclusion
sought TO be established could bs sustained The
plant " Mr.. Hathaway IL. that the defendant will not
cell him his goods Now, no would ask, undsr what
obligation Is the defendant g. sell the pAinti his pa
ps,,, There is no relation between Wingsts and
oendsnt except that he was one Of the carriers VINO
purchased newspapers At cent and hAit aud said
them at too lh-r. is nothing IN the complaint 70
connected with Hathaway. or that he even aware
~ tbs existence Of such person Mr. SANFORD called
particular attention the notice which appeared In
the Herald l54l by IL the carriers Allied toys
ther TO organize corps for the Herald eEciusvsy, aud
they expressly from selling toer routes
carrying certain other papers la isi the d.
feudsDt (,ir Bennst) gave this route to uaa named
log that To should NOT sell It or give it away Ths
p,snfih this suit took this route person
present at that meeting Of lSi AMI ~h, sssentsd
to the agreement that pres entered io,o that
carrier should sell his route and that they should
let other and the ser OF zoe pAio
hh here sdmtts that st the time he wAs d,s.
pi,ssd he carrier Of the ErDrsss and T. ibaas
newspapers In direct violation Of the contract With
the defendsnt snd his carriers The defendant also
AYERS that the plaintiff attempted TO interfere with
hin IN the management Of his once, and urged him to
o.. miss certain persons from his snpioymsnt. The
fact ssnds updened that this route Vas originally
given TO bullock In ls4i and those who held &c from
that time, he (Mr Sandford) submitted held 1t upon
nafrn hs ma inf All mad
the defendant would be . ruined man Every person
to whom he hes sold paper sncs be commsnc-d pub.
he rvfu,sd to continue TO sell thrm defend
ant shoud die hts estate would be ruined for hts
to the paper DID not not chose {, employ tnsm 1T
would extend to ell IL the court vent ON for the
whole day examining witnesses to snov tbs susso OF
carriers In transferring their routes without the koo~.
lsoye eogbzzDce Of the defendant, they would b.
but In the position thai they we're then and It
for that reason that he Mr. Sanford male this
s,xtsnent tbur early upon the threshold, and called
up-s the court to dismiss tue o.mpsint
MIR. b ID tteid tone Ut the State codiders) COUNSEL
for plsntn In opposing the motion, contsoded that
there suiicisnt cause sho~n 20 20 T. the jury.
They would pross the usage OF sash newspapers tnss
ths good Will o-.ong. tbs carriers ths pro
bss NO right 60 disturb the plaintiff good VAL
Io.st-is that question OF fact, Dol unisrstsui
You to set statement OF certain usage, aud tnsa
at iDiarsncs OF Las! The only siesst'oa Is the
exrtebcs usage II there b. any rights growins out
ct A. it becomes question of ls~ Gsatlsmsn OF tns
bar the habit If putting Ia the svsrm,ats
to so,vsr these infsrsuces The Gods says thai tns
facts constituting the or action shall b. sts,sd
MIR ID ID Field ION. Of the STATE coiinrrs) counsel
for plsnti understood 1t - Be question OF feet.
Court-Do the facts alleged make . osnse III sctou
The u'sge syrrf.a lnls tns po'os mere Is
defsJdspt ~itb ths carriers. What s tn- Ansssr 60
the allegation that the plaintiff carried other papers,
MrD. D Fisid (ose u ths Stat. c,diasrs) c,unssi
FIR plsintia-we admit We carried tas r'rsaas aud
Eyere,s. but not the Son, or soy Wan street psPsr,
" s,ch only are mentioned in the sxrseasnt.
AT SaLdford- We state that tue esTps Vas organized
,xe.u,iv,ly fer the H,rs'd.
The court thought the allegation va, dsnlsd In the
rely The plaintiff cannot rely on ussss. ne ~,uid,
he.,,er, hear the evidence =, is "a. = novel ss's
rirr Of the Herald for the tiissenth ward and had ossa
o. for t~o or thrse years.
tnf
gr Sanford i object to any tran,ss,ion bst~ssu
the wpsss and any other person. to ~hioh tns dsfsn
osnt was not party. lQusstion allowed aud "a %.
witness c.ptipued-Mr Hathaway ssvs ms ss7s for
II in the 'sriDs of 1916 saw tue plaintiff .rer~sds
csuyiDg papers several times b,ozht ths route OF
ar Erglsad 10 January ls1s; gaze hin siio Tor it
vent oosn TO tbs once naxt morning aud Cos my
Iout. some time before basios hired from slr Eax
baught u got the papsSs from Mr. Kinssm,u ct the
Once. o-whst did you say TO hin, tosissssd q
.srs pagers psis him for them, aud he CAV. them
ne { did not tell Mr. kisrsnil by vhAs right s,t
a.. pspsrs never 81 any tine TODD hin vsst right
tire foutss bsl.vs pe Que alio~sd to carry the
feraf In the fift~snth ward, but those vhS b)dSht
the route Q-DO you kpo~ she' her there vas rale
IN the Heid erisblishnsn ut. that Of other cssh
papers the subect of carrying the psp-rs asd TINS
terms which it vss dene. Mr. Ssnfcrd obsot on
%. srousd that sp.sk fro fscts sai
not biz opinion aud also that custom OF other
papers cannot sf-ct defendant. (Admittsd Al
dcpt kpos to my knosIsige.
Cross sxsminsd-i doa't knov Of any psr,on ever
spplypg at the 0erad Office 20 buy papers 20 sell In
che Sixteenth vs-d, and oonsel oeotiy doa't knos
whether they we're refused or not
Judge Do.s any one else cell papers In the vard
witness Yes, sr. ysseli them all through the city
A Jurur-if you Of those ooys s-ry-
ing one 81 your customers, vhat vosid you DO.
Al would prevent him Q.-whst means vosd
you rssort TEL Al guess ! you'd scare"
bim out Of II Qauxht-r). I UNDERSTAND ~
s.eh papers hoes psprs aer the sab crosrs psy tss
carriers; paid for them At the -fice, sod shsu
corrected the money from the subscrioers veesy os
noutaly. Q-By counsel for plaistin -Wsoid yoa