New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-11-13

CouRT CALYNDAR-Ths Day-Ctrcau Court -
Nos l,oO0l 49, l,00l l,002, 1908, zoos, ,D8,
1910 Lon, 1915, l,0l5l, l,0l6, 907 lsl 31s, 99f
L. s. District Court.-Nos 9, II, %, %, 91,
S. 30, 81, 49, 30.
MARINE CouRr-Beore Judge Cowles.-W
liam Parker VS.. EdroYd Castea-Action tor Az
sault and Battery at sea. by seaman Of the + an
ny Mcceary, against the first mate. 1t was SAID
while plaintiff was engaged IN painting part OF
the vessel, the mate, without provocation, struck
him down and afterw ards kicked him in the face
The plaintiff was considerably bruised but the Ia
Jury was not of a serious or permanent character
Judgment for plaintiff, $50 and costs.
James y H. LawreRcevs. Ed1e0rd Z. Bac6koase
BY broker to recover commissions on proour-
inc loan The defense that Mr. b. author
ize. plaintiff to borrow $4,000 for him, before LIST
Ma. on mortgage on Brooklyn property-that
nt d'd not procure said loan, 6ut after ise may
tendei ed loan he had arranged for $4,000 which
was refused Judgment for defendant. For pin.
Mr. Uunderhls For dett, Mr. Benedict.
Jenkins VS. Fan Zaat-This was also claim
by broker for commissions on loan. Dr' ' an
Zant applied to his lawyer, Mr.. Slater, 60 procure
him loan. Mr.. j. the plaintiff, subsequently
told Mr. ). he could procure the money, and intre
duced the lender to DR.. Van Il The defense IS.
that after the introduction to the lender plaintiff
had no share iii the negotiation, and that DR. van
H. has paid Mr.. Riker for the negotiation. 1t waa
shown that on introducing the lender, Mr.. Mitch
ell to DR.. IAN Il. the latter said he would pay ihr'
j. II per cent The Jury thought the money
had been obtained through the introduction by
Mr.. j. he was entitled to commissions. Judgment
for plaintiff $50 7l.-For plaintiff, Mr. Waite;
for defendant Mr.. Williams.
Cornelius McC0ncHeyvs Patrick LyRch. Plain
tiff after moving into n new house in Ellzabeth'st.
belonging to Mr.. h. fell, one dark night from
narrow passage-way into cellar, and injured MS
ANGLE, so that he was confined to his house tor
three months 1t appeared that on hiring, Mrs
hon. linz told
the house would be ali finished at the time he " as
to move in, except painting. He contends that
the house not finished, lnasmuch as therS
should have been rail to the cellar way, ana
brings action for damages,
The Court considered, from the evidence, that
it might be doubt whether the rail was neces-
sary to complete the house also, that the. agree
ment was not specifically defined, and Piainth
went into possession without insisting that the
rail should be constructed. Under all the circum-
stances, it considers that no cause of action has
accrued Judgment for decentralization Plaintiff,
Mr. Swain; for defendant Mccarthy.
SUPREME CouRT-In the case of De Launy, Is
elm d. Co. VS.. Suyddm, Sage D. 10 referred to
some time since, the testimony as to which Is
still slowly proceeding in the referees Office, the
respective counsel appeared before Judge Mitch
ell, at Chambers, as to the relevancy or otherwise
of questions asked to a witnesses opinion OF the
business standing of MIR. Body, which the Court
is not yet completed
The Special Term did not sit Yesterday, owing
to the absence OF Judge Edmonds, who was de-
tanned home by the dangerous illness of Mrs. Ed
m0nds.
CIRCUIT CoURT.--B etore Judge Edwards
John Inman VS.. Fleming DuRhann and others and
Brooklyn Union Ferry Co.-Aetion jointly against
both companies for injury while in ferry boat, al
ready referred to. On the part of defense it was
shown that Mr.. Cotfendale, the pilot and Mr. Cal
lam who was steering the w aabout, were oapa
BILE steady men. In respect TO what witness
who after the collision was deck hand for the
Brooklyn CO.. stated that Mr.. Caan said az re-
CARDS stopping he was scared he did not know
what to do, MIR c. stated that he had not had such
conyersaton-the engineer, however, said that he
the engineer had some conversation of the kind,
and he remarked to the party in answer TO gues.
ton why the boat was not stopped, chat he sup
posed David was so scared he did not know what
to do. On behalf OF the defense it was averred
that the WalIabout was on her proper course, and
the fault was with the Brooklyn boat while for
latter the reverse is contended
The Court, in its charge, said if there was neg
ligence and unskiluness on the part Of the boats.
their owners in such a case are jointly liable ;
that is, if both boats were to blame--if not the
one that was TO blame. AS to the steering of the
Williamsburgh boat, the only question will be
whether she was steered properly or not on that
occasion. II 1t was pure accident, not caused
i
Court alluded to the position Of the boat &c 1t
is for the Jury to say whether both boats are lis.
Bile, or only one, or if it was ant accden, &c. Ii
caused by negligence and unskillfulness the cost
ofdamages VIII be the cost Of medical attendance,
board, loss Of time physical suffering, and perma
nent injury to plaintiff the fractured leg being an
inch shorter than the other, and the one not frac
tured tender in regard to colds, &c. II is not pre-
tended that there was malice in the case to call
for exemplary damages, as they are termed. Seal
ed verdict this forenoon
T. s. CIRCUIT CoURT.-Betore Judge Nelson.
-Erans VS.. Protection Insurance Company Of
Hartford.-To recover for insurance at Buffalo.
already referred to The Court considered there
had been WAIVER of The clause in the policy requir
ing the suit to be brought in year.--Verdict for
TatI0nl vs.. CogueU-guit for alleged infringe.
ment Of patent for making lead pipe, which is de-
nied.To be continued this forenoon.
COURT OF GEsERAL SEssIoss.-- I'aeSday.--
Before the Recorder and Aldermen Britton and
Delemater
At the opening of the Court, Ephraim Murphy,
colored. was put upon trial for stealing gold
watch, valued at s44, the property of Robt Miller,
who testified that he was mate OF the schooner
John Hall at the tine Of the larceny the prisoner
was a hand on board the vessel and tue 49, 49,
was stolen on the Sd of October iast nom en.s'
IN the cabin of the vessel Upon his arrest ne ao
uitted that he stole the watch ah9 ID MI "tI
in the house in which he ooafaed' ~ soc 80
vas oweyg as convicted of petit larceny only
T4e R Tas Sentenced to the Pen'entay for six
month"; 4aaah sherman was tredfor receiving dozen
ya ceyats worth 500 which it was charged he
sl,t y had been stolen by boy named Frederick
18th Of april last from the store Of Benz , steF,
berg and on the same day they were found found n tas
fcers appearing search the store, be denied all
Epow,edge of the transaction. general good
1880 ,..ns rr1uler for the accnsed BIZ aezarnl