New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-19


Super4or Coetrt-Nos So, o. 81, IS, 5, Ie, 80,
81, 81, IS, 1885, lOs, l05, S., I45, l49 $50, lae,
"a, SO, ISL 1873 to l51, 80, l5s, l6l to us.
Common Fsds.-Nos. 100, 7S4 $50, TO, S04 to
ga.
U s District Co,ut,-Nos 10, %, "a, % to ot.
SUPREME CouRr-Gcneral ,Tsrn.-Bo fore
Judges Edmonds, Edwards and Mitcheil-Eles-
nor D. Constantine agst. Cornelius Van WlRkle.
In relation to property 1872 Fulton ST the ques-
ton being principally whether deed OF Van
Wrinkle and wife in 1860 was valid, not having
been acknowledged. Argument was heard. Mr..
+. Sanford for respondent and Mr.. Dodley Field
for appellant.
SUPERIOR CoURr-Beiore Judge Sandford,--
Mag6ee IS. Bo}t0n-To recover for lamber fur
nished in erecting houses Of DR.. B. who says it
was furnished TO the contractor. already referred
TO. The Jury could not agree and were dis
charged.
recover sll5, being per cent. brokerage for sell
ing to Mr.. D. NJ Peyser premises 10 Deyst, be-
longing to MIR s. and as stated, by his order The
defense is that Messrs s. and 7. made the bar
gain for the purchase and sale without tho aid OF
MIR NJ 1t appeared that MIR. NJ called upon Mr..
P told him OF the property and wished him to
buy. Mr.. s. met Mr.. P in the street aiterward
and said his broker had spoken to him OF Mr.. Z.
as a purchaser The Court charged that if the
broker was the means OF bringing the parties to-
gether, be is entitled to his commissions. Yer
dict far plaintiff with interest, sl23 60
Josiah Parker vs.. DANIEL Fansbap-Mr. Sam
uel S. Parker, agreed to purchase OF Mr. g. house
and grounds at Bergen, N. tor ~ 500, e2oo down
and 5000 every three months, with interest," at
per cent, o deed to be given when 81 800 were
paid MIR p. went into possession, but hndin5
it would be incouvenent for him TO carry ont the
purchase Mr. +. consented to a resale. Mr' T.
had paid $3.50 beyond interest, which Mr.. b was
olIo ha uotS lr.
lev Mr.. + adding pew in church at bergen,
md receiving $500. 1t is cOntended by MI T.
that the pew was gratuity, with the view to OBJ
tanning purchaser and that Mr. h might have
got the amount without the gratuity He assigned
the claim to Josiah who brings action Tor Sljo, NIB
right 10 which ia denied.
e. &, II. Rtch VI. Edward Lynch and Joseph
HnsSon-To recover for brass work furnished 70
dstillery on the FlatbHah road, Brooklyn, it be-
! ing cOntended that Mr., Husson was partner, but
denied The case was tried before, but new trial
allowed. To be continued this forenoon.
U. s. DIsrR1cr CouRr-Before Judge Judson.-
D ci 81 OF s-1bei K. Foster vs.. The bark British
Oak--Libel suit on charter party.-Mr f. shipped
on board the b. 0 at Sligo. in June, l8i9, 9.075
empty corn bags, to be delivered at New York.
He charges gross waste the part of tho mas
ter, both in the storage and transportation and
that in being discharged in NewYork the bags
were wet, filthy and rotten, requiring immediate
sale at auction The owners of the vessel take
issue only to the extent OF damages, and say
they rendered $3.50, together with costs The Ii
beants being dissatisfied, went on with the suit.
1t is clear the Court said, that the master has
been grossly negligent, and not only that, but the
violation OF contract was accompanied by inde-
cent and aggravated misconduct, which can re-
ceiye no countenance from the Court and there
10 no special claim TO any abatement from actual
damage. The cost sos So, from which de-
duct the proceeds ut auction, s3l4 90 the amount
rendered, S250-lenying Sill SO FOR which, with
interest after date of sale decree ordered.
A}e1 Barron vs.. C0pt. L0ckc, master ofthe schr
George S Jones-Suit for seaman's wages; libel
ants counsel objected 20 evidence by respondent
on the ground that no written answer had been
filed claiming right to do so under the rules Of the
Supreme Court, made under act Of Congress of
ls42
"Tbo rules of the Supreme Court were not in
tented, the Court said, " to change the rules oil
the District Courts to seamen's wages. There
can be no objection to hearing the defense with
out an answer"
The defense is that the seaman is not entitled
to the small balance claimed, because he had not
been discharged from the VESSEL and that leaving
without being discharged forfeited the wages
due On the other hand, it was in evidence that
the seaman was sick, ind unable to be on board
ship. 1t woud be bard and unjust, the Court con
tended, to hold him to literal performance Hi2
sickness is an excuse, and therefore the balance
Of wages must be decreed, with costs.
with being engaged in a robbery at Paris, and or
dered to be given up, the Judge stated that he
wished TO get some small cases disposed OF when
he would look into the ayerments as to the habeas
corpus in their behalf and give notice 10 the coan-
sci as to the time OF decision
COURT Of CoMos PLEAs-Beforo Judge In
graham.-Fue Department vs.. Gne.--The block
recently erected by Mr. g. referred to yesterday,
as not answering the regulations, is In East-FIt'
4i.rt hint a
Fire limits, to which the regulation az to beiidlng
applies The Fire limits are the City from East
10 North River, and all south of Toe feet north OF
Thirty second at. Buildings already up and con-
sidered dangerous, subject 70 the action OF tina
Board Of Fire Wardens, which body has recently,
We understand, declared building in the rear OF
81 Beekman.st to be so, also building Of ar.
Labatat, corner Of Walker and Elm.sts Also
building corner Of Canal and CenterIsts. and d.
rected them to be removed The Beekman,st.
building is being taken down, the others not oeing
so, Messrs. Boese and Hagadorn members .,
the Board, we understood, have been aPP9I'eoo
Committee 10 state the tact 70 the ui-nI Ic,sd
Before Judge WoodruF-Oo@@ hy@I vs. Ia a,,;ed
Pill. PenIayin in relation to clothing ieyied
mon ~ 551 Chatham st. at salt OF Mr. heynoies
against Daniel Ryan, bat cislg ad - aarJ;ct
/ IfaintiE which is denied. sealed yefoN''
P''.--''-' - 8sYDEyvlLLz, MAss.-On
mil lining last Sarah A. Loomis, little
oaiei' ssr yeers OF age was warming herself oy
sli @tore in an upper room OF the schoolhous9,
the ~ ss' ,,aee Of Haydenyille whom her dress
n nIg fire. She ran down stairs enyeloped in
g gse to the room in which were her brother and
s~ ~ or three other boys who gaIaatly did all hey
could to strip off the burning clothes Ih :. aaa
NJ the poor child was burnt 20 hardness IN almost
evsry bart except her feet One arm ives burned
to the bone. She made but little noise, probably
for the reason that she had inhaled the fame. No
duplication affected her. and her oaly complaint
was, Pm tired She retained ser reason for
three or four hours, breathing more and more feeb
~ until about ak hours af,er the accident, sac
expired Her brother wAs severely burnt in his
endeayor 20 extingoish che asmes. Cdronasype.