New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-13
LAW COURTS.

hahfE CouEr-Before Judge CoEss-War-
dH C0'oya vs. ChGJles Bass This was an actin
oy "e Pisin'ln as assignee Of a claim 'nr rheatri
ca services OF Henry Placide, a. the Astor. placa
Thee'er The plaintiff introduced, as the base of
his claim the following;
~p Nrw.YoEx, May q, Iss0
Corbyn or h, order one aocred dollar, bep he smo1u,
cue ne lof ny last two nighrs perform.pce TIE Aaor-
place ines'sr' and oehEe' Your. mo., h-uy.
Esdor,ed, W. convrr HENRY rLAOiOE
Inc GlaiI was presented to Mr. B. who did not
acoeP. 70 sNnslns' but said he would pay il, but
could not until some time next Winter
The deiendants counsel moved for a nonsuit, but
the case was finally submitted 10 the Court on this
evidence, 70 grant the motion or give final judg.
ment
The Court decided, lst, that the defendant is not
liable on The draft the acceptance being verbal.
The Statute ID as follows:
mo person within this State shall be charged as
an accep.or on Dill OF exchange unless the accep-
lance shall be in writing, signed by himsefor his
lawful agent"
Ii the above written instrument the Court con.
tinued, should be considered az evidence Of an
equitaole assignment OF the claim, and proof that
the services were rendered, yet there is in the
case an absence OF consideration for such promise
and besides there was no promise 10 paw at all IN
til next winter and this suit in that view. is pre-
maturey brought In no respect of the case can the
plaintiff recover In this action. Motion for non.suit
granted, with costs in favor Of the defendant.
Before Judge Lynch-MdTy A. Heirn vs.. Fredk.
Tfombdck and otkers-Suit by the widow of John
Helm, late member Of the United Brothers Lodge
No. 50. Independent Order Of Odd Fellows, a Ger.
man Lodge, 10 recover $40 burial fees claimed un-
der the Bye-Laws. Mr. II. died on 18th May last.
The suit is under article three ofthe Bye-Laws,
which says, "On the decease Of brother who shall
not owe more than four months arrears, there shall
be allowed $50 for burial ex penses"
II he. i ed kba md
that Mr. Heirn had not paid up his dues so as to
entitle bis widow to the allowance for funeral The
section relied upon is as follows: IA. Any mem
Der owing quarters dues, and not paying in next
4 weeks, shall be excluded from ali benefit, and
cannot again be entitled thereto except in case OF
sickness occurring three months after be has paid
his dues"
Mr. II. il appeared, by the testimony, had been
IN arrears four months but paid it, but died before
the expiration of three months thereafter
On behalf Of plaintiff, 1t is contended that al
though by latter rule Mr. r. could not have receiv-
ed benefit il living, till after three months, yet.
that under Section 3, bis widow was entitled TO
funeral expenses unless more than months In
arrears which was not the case.
To meet this il was shown that the Grand Lodge
on an appeal case; has decided that the friends
could not receive benefit where the sick member
csuld not.
The Lodges Of o. F. not being incorporated in
this State, by reason of the general law Of lsis as
TO that portion whish is secret-secret societies
not being within the rule Of Incorporation, the Odd
Fellows Hall Association is incorporased,l the
suit is brought against the officers of the United
Brothers Lodge, in their individual capacity.
The Court, in its charge TO the Jury, said the
questions for it to decide would be whether the de-
ceased was member Of the Lodge, and had paid
his dues If so, plaintiff is entitled TO recover.
The Jury after being out about an hour, returned
verde. in favor Of plaintiff for ESQ., the amount,
which carries cost. For plaintiff, Mr.. Joachimssen;
for defendant, Mr.. II. Hunt
CeURr OF COMMON PLEAs-The Insurance
case before Judge Woodruff is still on, and will be
continued Monday.
The Calendar has been called through.
COURT OF GENERAL SESSIONS Before the Re.
corder, and Aldermen Smith and Grithn.-Ihe
case of Ddnia Nugent, charged with causing the
death Of BENJAMIN Morton, was this morning con
tinued. Several witnesses were called by the de-
tense TO show that Morton first attacked Nugent
and seized him by the head with both hands and
endesvored to gouge bis eyes out by thrussing his
tl.ambs into them. II was also shown that de-
ceased was intoxicated at the time. MI. Smith,
counsel for the prisoner, introduced a number OF
witnesses 10 prove that Nugent was well dis
posed and peaceable young man. The knife used
by him was an ordinary pocket knife and one
which he had owned for long time. The Jury
gree, and he was remanded till Monday, when the
Court will pass sentence upon him.
Grand Ldrceny.-Wm. II. Magrain was tried
for stealing clothing and diamond, valued ia all at
eos %, the property Of John Jarvis. the com
painant boarded with the mother OF the accused at
1872 Norfolk st. and the articles were taken out Of
chest in his room The clothes were found on the
person ofthe prisoner, and the diamond, which was
worth si0 was found in bis pocket. The proof
was positive, and the accused was convicted and
sentenced TO the State Prison for 2 years.
SenteHoed.-Wm. Gsiniorth, who was yester-
day convicted Of embezzlement and grand larceny,
was sentenced to the State Prison for 2 years..
Julia Cassidy convicted yesterday Of stealing s67
from Patrick Tracy, was sentenced 10 the State
Prison for years.
ITf0i for False PTeteHses Alfred Kershaw was
placed on trial charged with obtaining 500 from
Isaac T. Morgan, Of Bethel, Vermont, by repre-
senting himself TO be the actuary OF a company
known as the New York Life, Fire, Marine, and
Inland State Stock Insurance Co. The complain.
ant charged that Kershaw sent TO him circulars
setting forth the existence Of such Company and
representing that he was the actaary Of the Com.
pany. He also sent Mr.. Morgan a certificate au-
thorizing him to act as agent for the Company up.
on which warrant Morgan did effect several insu
RANGES in the name OF the Co as above stated. The
letters received by Morgan were in Kershaws
hand writing. Some technical objection TO the in
dictment was here raised by the defense, pending
the decision Of which the Court adjourned.
a