The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-09


JrSE 6-Samuei H. Moss rs. abraham b Polee.-Ths
an action recover damages laid in the complaint
at $1,000 for injuries received BY plaintiff in conse-
quence q being In August last by wood cart
driven by person alleged to be the agent Of defendant
The plaintiffs seriously nured by the accident,
and he also received injuries his body The defence
is that the plaintiff the Of the in qucs-
tion and lent the the driver referred to, who
to Fell the wood purchaser offered and render
certain price for the the defendant IL he could
not sell the wood, then he to return it-n other
words that the driver not the agent of the defend
ant to make the latter liable for his acts. The
Court charged that the driver the servant agent
II the defendant and II the jury believes that the acct
dent happened In consequence ~ the carcleLc@ and
negligence Of the person driving the cart that then the
defendant wns liable The jury, after being out for
considerable time, unable TO agree and dis
Before the Hon Judge Mason.
JrNr o-chories Rsads against .iniho"y FieSei-This
which occupied the for three days past
action Of ejectment to six lots At Harlem.
Metsrs Mott aud Carey appeared behalf of the plain
tn. and Mcssrs Edgar and Noy,s for the defendant
The paihti claimed title under Johannes Benscn, by
deed dated In 1906 and the defendant In right Of his
wife who one of the heirs Of Sir Johannes DE La
Montagne, Of the counsel of Governor Keith who
held the lots being part of large tract under grant
10 him. in 1917 The title Of Bensen claimed under
alleged purchase from the widow Of Johannes De La
Montagne the younger in i6sl, which the defendants
claimed 10 have been entirely invalid The plaintiff
also claimed that there had been adverse
the lots under the Bensen title for 50 years The court
ruled that II the determination of the suit depended upon
III, legal title alone irrespective 81 the osesion, that
the def ndants title una s enable the purchase
from the widow conferred right; but n there was
evidence that the Bensen family claimed title, and had
possession for considerable period the jury 10 de-
eide whether there actual occupa for upwards
of twenty years aud II 80, then the plaintiff entitled
TO unless that possession had been sbandOaed
There also a question whether the lots
braced In the grant 10 Montagne, which also. sub
mi,d TO the Jury in connection with the evidence
that subject verdict rendered for the plaintiff,
finding tn. value a the lots nine hundred dollars aud
damages sixty dollars.
GENERAL TERM.
Before Judges Sanford, Mason. and Campbell
JuNE T--nrsfsIoNs.-Iienry Robinson Rchagi Te
nasJudgmeut vt the special term affirmed with costs
Samuel Sherwood john r. Bntferrorfh to
be entered special term for the plaintiff for s5f so
with interest from October Q. 1si9.
.Jahn Hon, &C., James ~ Trits, 4c-Decree modi-
fed in respect Of costs to dismiss the bill without
costs either party No costs to either party tbs
appeal.
SPECIAL TERM
Before Chief Justice Oakley.
Ju.p T-DrcsioNs-Wm. q. potiu against .qbner
Thmb,r-Motion TO set aside writ Of inquiry &c, and
put in answer. granted condtonslly
.Jocob y. L. u, Nm against Um Woifon.-Motion for
security for costs granted and proceedings stayed until
such security be nled.
Dafid jones agains Jamss Mo,Ye Ordered th.i rlsnr
tins proceedings be stayed until the third MONDAY Of
June inst.
CeccarSo Fa65,icofn sgoina Rabyt r. Latns.-Motion
to STRIFE cut defendants answer for irr,lavancy &C. dc
MED, without costs.
Before Judge puer.
Jess, Ootey receirsr &C. againd Donald MaDa- Motion
10 set aside two deeds OF trrs from Henry OReiy 10
the defendant, granted nsendant 70 ~ allowed Ill
payments made In good faith but not r liabilities In
Costs u both parties 10 BE- paid out Of the rand
Naval Intelligence.