New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-12
NETWORK TRIBUNE.
LAW COURTS.


CouR7 CALryDAu-CoMaos PLEAs- Fr'a4 y
Nos CT, C7e, ne, III, 1872, 7a9 ~ -" ''0
776, Ts9 70 1872 " 20 II IL
SorERIoR CouRr-Mondag-N o. - 90 % :
Sc, lo4, l@2, ~, lal, 100 laz. ~: a. 3D. a. H.
l. 47o q. %, s., g. 3f 20, T. y, - 90 l4o I6s
q, 3, 10, %, %, u, lo%' ~
U3, ll2.
osi ,!t ~ .(nry was empanneed and received
"a otar~e of the Court, when they retired Tor
consultation
ergsRloR CouRT-B efore Judge Paine-Na,.
1.aySt Morris VS.. Il. Brocer and OtherS.Io fecov-
ssrof Hamilton Fish the owner OF premises late
Constitution Hall, IN upper part OF Broadway, but
now turned into a livery atabe Also, OF Ma
ior Thompson, the tenant, and a. Brewer, the SQo-
tenant, and keeper of the stable-damages Tor IN
inrv by alleged nuisance Of said livery stable,
causing the boarders OF plaintiff, who occupied the
adjoining building, to leave, &c Already refer
This case was given to the Jury yesterday.
The Court in its charge, stated that as the owner
and tenant knew that the premises had been iet
with a view to the keeping of livery stable II
the stable was nuisance they are equahy iaoie
with the one who kept 1t
Any place is nuisance which IS offensive 70
the senses and impairs the comfort OF the nei8h
borbood whether unhealthy or not. On the part
or nIaiutifit was shewn that the bad air from the
stable caused the DOdrUCTS W IuOf Z, btAACi vi
the other hand it was stated for defendant that
every sort of care was taken to prevent bad air,
carts being employed for the purpose as often as
two or three times q week, and that the bad ar
was produced by other causes. In England there
is a system by which high chimneys are erected
at livery stables and such places, and oad ar oy
the means, carried oil.
Should the jury consider that the boarders of
plaintiff left in Consequence Of bad air from the
stable, the latter must be considered nuisance,
and she is entitled TO such damages as she incur
red to the time o. the commencement OF the suit
Sealed verdict.
Hearv 5. Henry vs. Thomas ,S6a7er, jr.--'1o
recover for a quantity of iron, brass, &c. Sold On
part Of defendant it was denied that an amended
COMPLAINT had been served. The case, however,
was permitted to go ON, subject to being set aside
when counsel for defendant abandoned the case.
Plaintiff proceeded in the testimony but the Court
thought il was not sufficient to shew the delivery
of goods AS the other side had abandoned the
case however, he permitted to Withdraw a
Juror For plaintiff, Messrs. Palmer and Water
man. For defendant Messrs. Brainard and Weed.
Before Judge Sandford-McCaH and others Va.
WeSte7vel, late SheriF-Replevin in relation to
furniture levied upon at the dwelling of Mr.. Alex.
ander Knox, already referred to. Verdict for
plaintiff, valuing the property at $1,000
Daniel Drew, ~ Robinson and Robert M Kelly
vs.. Samuel T. ArnlStr0ng.-T recover two notes,
each Of S437 80, given in March, 1915, to Drew,
Robinson & Co. plaintiffs, payable, with interest,
in 1916 and l847.
The notes are contested on the ground that they
were given in compromise OF an unlawful act, and
are therefore vod-and that the agreement not TO
proceed in the complaint thus compromised was
not carried out
For plaintiff it is alleged that son of defendant
IS. T. A. Jr) who kept in his store, borrowed in
his fathers name 81 go of plaintiffs, giving them
collateral scrip of Harlem Railroad Company, with
a surrep6tioas and void power Of transfer, aud
that the notes were subsequently given by de-
PENDANT, together with 1878 in money, which had
been received from the son in payment Of the
signed s. T A. by s. T. A. Jr. Sealed verdict,
For plaintiff Mr.. John T Doyle for defendants,
Messrs Buckham K Smalos. Nothing we be-
Geve, was ever done in regard to the compromise
complaint.