New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-16
.e..men. wa. void and the levy wrongful and in


ofls2i, We think it said gives the right 20 the City
to contract and have the work done at its own eA
pense then Rs-es The owners. AS 20 onaHSS o.
Assessors as the assessnentis On liked p-lnct2ie,'
charging according % the line 81 'front.' eacn iI''
\ nal possesses the Common Council, IN order %
save expense. passed an ordinance, masily " !
merit Of the duty OF certain officers IN the 5.f3et
I CoumissioneT's Office % act as Assessors winch
was done IN this case, but The ciicers changed oy
a subsequent Commoa Council, and new ones pat
L. u hich the ordinance .or opening I" as a'efed
by he Common Council, and the new oincrrs aP-
pointed Commissioners All this y "a done oe'o'S
the estimates Of assessment were made our ana
The Court can see no objection 10 It. As 70 the OF
hcers not having taken the O-ths, that does no.
fully appear, bat it does appear that they nAd
tai the oaths before making return 70 the Com
mon Council. Ia respect to toe street numbers,
the objection was no. taken on the tria, and the
defendants had DO opportunity 10 show that there
were 10 street numbers. had such been the case,
and which would have been sufficient. Motion Tor
new Trial denied.
Auction Suits and Taxed Costs-Hgin ads.
MihtuTn-Seversl suits were brought by Messrs.
Ninturn & Co against purchasers Of fruit at sale
by auction who defended on the ground that the
sale was void by reason Of alleged violation OF the
Auction Law in the cargo Of fr at having been sold
a. private sale the same morning. after advertised,
and the sale at auction for benefit Of the new pur-
chaser Ii was stipulated and agreed by the
parties that the whole OF the suits should be settled
by the first case tried which was that Of Messrs.
Main h Co. The suit resulted IN favor OF the
auctioneers One Of the suits that against Messrs.
Seaman & Brown was for s235, but, with interest,
amounted 10 upwards Of $3.50, and the costs taxed
on the higher rate, agreeaby 20 latter There Was
also question as b the allowance OF 90 counsel
fee each term, on each case, for attending court.
The higher rate and the 20 each case were ALLOW
ed in taxing. and appeal is made. The Court con-
siders that the arrangement TO one case was for
the benefit Of the defendants, and did not operate
in regard 10 costs, as contended for by them. AP-
peal dismissed, and taxation 10 stand.
Gustarus A. SABINE, et dLvs. Thomas VermHyez
and Oihers-On an endorsed note given 10 settle
suit for a medical BILL judgment Of which was
given by default, but the default opened on the
Judgment standing as security. The answer was
put in which alleged that DR.. 5 had entered into
a partnership With Dr. Parker, and the suit should
have been brought in their joint names. A motion
to set aside the order holding the Judgment as seed
rity was granted Plaintiff amended mis- complai
in which Dr. P was united with him. Defendants
then put in an answer averring that Dr.. s. was
alone interested On subsequent motion Judge
SANFORD restored the order holding the Judgment
as security, and appeal Is made The Court con-
siders that the decision OF Judge SANFORD wascor.
rect. IL appears 20 have been mere pretense OF
defense stating that the note had been given TO
Dr. s. on some conditions that had not been fall
filed, but did not state what they were. Appeal
dismissed, and order at Chambers affirmed.
ketc Branch-B eiore judges Duer and Mason.
DecisiOns.-JOseph HussOn, impeaded nth
Eduard Lunch, ads. T.. s. K. Rlch.-New trial
granted, costs b abide events.
Warner, appellant, VS.. Pane, ct al-Decree OF
Vice Chancellor reversed.
E. q. d. VaugheS ads. Robert A. Robertson,
and others.-New thai denied.
Wilson VS.. MofteH-Demurrer overrued.
Fitch VS.. Reddlng-Report set aside and cause
sent back.
n. r. Judson ads Cook New trial denied.
Conklin ads Grbeyt New trial granted
Ferguson VS. Representation 70 dissolve re-
QUESTION denied.
COURT OF CoMMoS PLEAs-Before Judge Wood
rui-Leddy d. Sheridan vs.. Lexington ms. Co
To recover FOR loss at Fall River, already refer
red TO. This WAS given yesterday to the
Jury Verdict this forenoon
COURT OF GENERAL SESSIONS -M0Hday.-Be.
fore the Recorder and Aldermen Morgens and
The case of KershaH, charged with obtaining
goods by false preteDses, which com.
menced on Friday last, was conc luded to-day
The prose cuton Introduced certificate In testlmo-
ny, which certificate bore the names OF Mayor
Woodruff and seyeral other prominent Citizens
This certificate as follows:
We, the undenigoed, being personally acquainted
with he officers OF tne Ne~YolS LIE, Fire Maflne SOD
lblsud STATE SiocG Insurance Company, No II Wal-,L
having fui confidence M their ut-Rly and hjnOraDle
mans semeptoi the sf. Of ,ad Company DO mos. cheer
fully recommend 10 The eonhdepc7 OF nose ~sning To-
/ sursnce worthy ~ th.f patronage stknet
c S woodhui; Il. Il. Jones Mc.e,G Leonard,
Harvey Hari David 3 ogden
/ The d Tense admitted that these gentlemen
never signed this document, although their
names appeared printed on the certificate -
/ There were also sent to Mr.. Morgan, tue
complainant table pretending % show the re.
sources of the Society, list Of directors and sub
scribers Of which latter there we're htty named
with the sum OF $40 900 set opposite to the name
of each as being the amount OF the subscription Of
each all Of which, it vas pretended, lad been Sc
/ cured hy securities deposited with the actJary.-
/ Thos p A Nv ard sWOre that he vas employed by
/ Mr. Kershaw in 1919 az book keeper to keep the
| accounts Of the above named concern. Witness
never saw any President, Secretary Directors or
/ Stockholders No officer Of the company other
than Mr. Kershaw, the prisoner at ;he bar The
testimony being all in, the counsel on each side
summed up the evidence aud the Recorder
! chare ed the Jury who, after being out about two
minutes came in with verdict of Guilty, and the
prisoner was remsBded for sentence.
/ Grand Ldrceny-Joseph Murray was put on
trial charged with stealing watch from the base
rnent of Mr. Bonnsrd house, 81 Warren-st. The
evidence was positive. Mr. Boonard went intothe
basement at about O'Clock on the morning OF the
27th Of June and found the prisoner in closet on
searching HIM the watch was found on his person.
/ The Jury found him guilty, and the Court sen
fenced him b the State Prison for years.
Tr1ai for Maykem.-Jamts Bryan puton TIL
al charged with may hem biting oil portion OF the
lip Of John Kanaly on the 3Oth Of June. The bit.
ing Off occurred in ARRAY, and the Jury found
the prisoner guilty of assault and battery only, He
was sentenced by the Court 10 8 months imprison'
ment in the Penitentiary. Adjourned.
u We are indebted to the publisher OF the
Charleston (S C) Courier for slip containing late
Havana and ev West inteligence.