New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-03-24
Superior Court......sATvR0AY, March 2.
R.fora Judt - Paine

Geo Moreuood a. Co. sgt. BQHele g.
RGrik 10 price s.rcc 10 be paid on
arrival of5 eco ga Cns inseed on from Hull England, and
the rrce sold for s 81 or their account THE not
lsy srve I'd III hee monihs sfisrwsrd. and the price
Of OH fell The oil sod to arrive IN the ship sarah whereas
NJ la G.ilnfn and eneIsh lrseef oil Defendants also
wished stow lhst he vessel originally hid upward Of
1000 gallons on bosId, Of which another firm was 10 have
900 pslons ard thai psf an delivered that hrm only 100
gsors he remainder having been thrown overheard by
The vesse In gale, yet required Defendants 10 lake inc
whole Olo gallons agreed for by them, TheiesmoDy was
objected 10 and not allowed Questions also arose as 70
pencil marx Of he papers and u variance, &c The
OH was cold by r u Green broker who gave bought and
sold notes TO The parties
Defendsnts moved for suit, on the ground that
there variance between the bought aud sold notes.-the
cause the words IN pencil words Of be-
cause the vessel Prusssn brig and described ship
Sarah Tile motion wss denied.
CHARGE OF THE COURT TO THE JURY.
appears that The bought and .old Go1es differed IN
this pect that has the word English" before Lin
seed OIL and The other not This has been held TO be fatal
10 the contract unless unexplained ard the plaintiff now
attempts TO explain II by ussge 10 order 10 es.sDan
practice undertaking among those dealing In ihs ar
rc'e in question The mere opinion OF witness AS to
what IL ought TO be the practice or understanding OF
DO weight TO prove usage The question IL whether
rule has teen actual established In practice by dealers In
heir acts or mode Of dealing WIN esch other Witnesses
are apt give their opinions Of what should be
rattle Than what is SO far the wire.s has meant
to express such opinions, you will disregard them and
keep In view The principle referred to Ia deciding upon tbs
question whether usage hss been proved.
regards the vessels lot being ship and having been
out more han FIVE weeks these merely represen-
taola and not wsrraniees 1t 10 OF importance hAt
tbev ave untrue unles YOU believe tho plaintiff has been
fuiy OF fraud 1t appears that the plaintiff insured thu
vessel as PIussian brig This 10 all the evidence %
fraud ih'nk iD order To ente you TO find that these
TeprestnAtOns fraudulent the defendant should have
gone fber aud shown, by some krd OF evidence an in
ieniion 10 deceive To my mind, there evidence OF
tpch NJ Intention Green The broker) witness hy
whom II could probably bsve been proved. They shoud
ao have shown that Green knew that she not ship
TIE words Green's ard BOT The planhs and he could
have said whether he Instructed by plsnuhs 10 de.
scr be be as ship whether he did It through inadver
teDce or mistake DO think there is evidence in this
csIe eriitng you find for defendant the ground VI
fraud,
mage that tbs word + Z. -h' when from England,
The Jurv could noi agree, discharged
This Is the second time Of exit having been 10 The
Supreme Court and new uiol slowed.
SPECIAL TENh.
Decisions Henry l. rique, at suit of
Daniel ID Hopayd- Motion to Dissolve injunction denied,
VIII COSTS.
GENERAL 1ERM.
Jesse X. Hatfield, appellant, against Eli
"a Dayrea and Others. experimentation denied, with
81 costs.
There was also decision on the motion
10 remove AtorIies from practice ia relation TO avery
considerable Ium obtained on compromise OF Mr. Whitney
On suits brought In behalf OF The wives and other relatives
Individuals Killed by the IA ling Of the walls OF bis store
but small comparative portion Of which given by the
fofnies The plaintiff Ia the suit-tke Au0rnes coz
that they al bear The expense Of Administering
Sc The motion was denied