New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-05-13
LAW COURTS.

CrRcUrr-Nos 639, % 90, Sc, 40I, $50. 500. 597,
654, e5ii, $50, Geo, 66l, COS, 66i.
SUPREME CoURT-General -Friiay. May
| 10-The following gentlemen, after examinst on
were admitted to practice:
James l.. Bosworth, Thomas Carroll, J. Mansfield,
ID. Davies, James J. Dean. David Z. Esst0n,
Washington Irving Gilbert, George A. Hunt, Thos
Jefferson Kip, Patrick McGreegor, Nehemiah hi
lard, William Mills, William Mootry, John a. Pau
ton, Isaac Pomeroy, Edwin a. Post, John Gorhan
Vose, j. Alexander Wagstaf and Frederick A.
Holly.
Court OF COMMON PLEAS, Friday-Before Judge
Woodrutf.-Jdmes W. Elliot vs.. John Ires.-for
assault and battery, referred to yesterday pr'
Ives keeps an apothecarys store, corner Fory-
frsts st. and Eighth-av. and Dr.. E. similar store
on the avenue, within a hundred yards OF him.
DR. j. was called on an exceedingly hot dayln
July last to the house of Mrs. Mullins to attend
young woman named Sheridan, who had become
indisposed, and il was said TO be cholera. Dr.J.
wrote prescription, and young girl was directed
by Mrs. NJ. TO go with il to the store OF DR.. Ives
and pay 30 cents for the medicine which would be
given her. By mistake she went to the store OF
Dr. Elliot, bat did not say she had been sent to
that of DR.. l. DR.. Z. and bis clerk looked at the
prescription, and it was said one OF them smiled
The medicine was given 10 the girl and but IS
charged. This being different from what DIR. l.
said it would be led to the knowledge that it had
been got at DR.. Eliots. Mrs. M. went to DR.. L. s
and asked him to give her the prescription and take
the medicine back but he refused saying 1t was
correct. Dr. Ives was not in his store at the time
Subsequently on returning and being informed OF
what had occurred he sent his clerk 10 Dr. Els,
who refused to let the young man take the recipe,
but said DIR. |. could see 1t If he came himself Dr.
l. then went TO DR.. u s, and, according to the tes-
timony Of Mr.. Simpson, clerk Of DR.. +. DR.. l. tore
the recipe from the file and struck DIR. +. blow in
Il ILL ID Lnerf Cn
b, and also applied another term, &c. This IS
denied by Dr. l. who states that DR.. e. assaulted
him in trying to recover the prescription, and he
merely pushed him away. Two or three witnesses,
intimate with DR.. /. testified TO never having heard
him use prOfane language; DR.. +. on the other
hand, appears 10 be very gentlemanly young
man, and the witness also rather commended him
self by his manner to the Jury.
Whether the prescription had been put up
wrong by DR.. T.. not, was not permitted by the
Court to be shown.
A question also arose as to whether physician
has right to receive back from an apothecary his
prescription. Mr. Brady, for the defense, contend
ed that he had The only decisions approaching
the natter however, is the right of the author of
letters 10 copyright OF the matter contained In
them although the letters have been sent to third
parties. 1t was denied by Mr. Devlin that a ply
stefan had right TO recover back his prescriptions.
On this or any other point of law the Court did
not rule. The only question 49, il the Jury believe
the testimony OF the witness Simpson, or not.
Verdict for plaintiff SIS.
JOSEPH Il. Paine vs. Chas b. Tdppan.-Mr. 7.
it is said, left for repair at the ewery store of w m
Il. Griffin, 3s2 Pearl-st- a gold watch and chain.
George Payne, brother OF plaintiff in the store
at the time, and, by request OF Mr. II. handed To
Mr.. I. gold watch aud chain belonging 10 said
George to be used by Mr.. 7. till bis own finish
ed. The stock OF Mr.. g. was afterward sold on ex
opdi ~ ic ia NJ N anld Mr.
T. refused to deliver up the one he got George
went OFT TO California previously dlsposlng Of his
watch in the hands OF Mr.. T. to his brother the
plaintiff, who brings action to recover SlOO, the
value In defense Mr.. 7. contends that Griffin and
George were partners and the watch not worth so
much as the one he left to repair, &c. To be con-
tnued this forenoon. For pltE Mr. 5. ID Holmes
and McKeag. For dfdt Mr.. s. Il. Swain
CIRCUIT COURT Friday.-B eiore Judge Marvin
John AHervs. Alfred West.-Mr. II. says he is lss-
see of lot in the Third av three lots north Of Fifty
fourth.st and Mr.. w. owns the adjoining lot-that
the latter built house about three years ago, the
frame works Of which proectfrom TO three inches
over plaintiffs lot-has been so for four years and
defendant refuses 70 remove it. He brings action
to recover $500 damages and that defendant be
10 remove the incumbraDce.
For defense il is alleged that the foundation wall
is properly set on the boundary line of the lot and
tAC lungs WhiNu piolCStcN arc INC "t"siDs 1
boards and il is customary in New-YOrk for the |
persons first building TO have the weather boards |
project, and when house is placed the next lot
beside it to take of the weather boards and let the
two houses come firmly together. Ii is also con.
tended that plaintiff has sustained no damage, rs |
his lot was not built upon.
The Court would not permit any usage To be |
'hewD, whereby one individual, without consent |
could encroach upon the lot Of another. AS to |
whether the plaintiff has sustained any damage or |
lot, or the defendant has designedly done wrong |
and should respond in damages, is for the Jury to |
iay. The defendant now owns both lots, having /
Fought that of which the plaintiff has yet |
In unex pred lease Verdict for plaintiff, cents
iamages and cents costs, which, being a tres
pass on land, carries full costs.-For pitt, Messrs
John Cook and E. Sanders for didt, Mr.. q. |
McAdam.
U. S. MARsHALs OEFIcE.-Capt Brown of the
bark Odd Fellow, was complained OF by one OF his
rev for alleged cruel and unusual punishment.
sxamn alton this forenoon.
COURT OF COMMON PLEA..-Beore Judge Wood I
uh-ln the suit against Col. Tappen, to recover
he value of watch loaned to him while his own
vas being repaired. but his was never returned 10 |
nm, already referred TO the jury, found for plaintiff
cents damages in vauing the property at $50 |
The claim was based ON the allegation that the |
watch did not belong 10 the matchmaker, but 10 a |
'erson in his employment.
IVll,om J. T'ooie Vs. Mullen u Lord-Mr. T. |
vas owner OF bark Mazepps. which he put up for
reight and passengers, and sent to California
dessrs. NJ. x L. procured, by his request the yes
ell at the time being partly loaded,) some freight
md passengers, and collected the money, bat nsis-
ed upon right, according to usage of commissions
m the entire freight and passenger list and deduc-
ed from the amount held by them, accordingly
The present suit is To recover s2l6 thus alleged 10
'e invalidy held by them, after allowing q per cent
IN the treish. and passengers they procured
The question is 70 custom in that respect
capt. Hillman and Mr.. Brett firm Brett Il Vosel
ave testimony, from which il would seem that the
california trade has been taken ont of the general
sage, and q per cent instead OF per cent. been
be rate OF commission. The witnesses stated
hat the almost nvariable rule is for an owner of