New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-11

testimony was taken.
SUPERIOR CoURr.-Special Term--Pet-
tsrsl9 Sssre,qn against O'Kssft 3 DurysG The
question OF Injunction TO restrain defendants IRON
dlsposr of their Eigath avenue line OF sIsges-so
OF I9er nieres; IN the projected Eight avenne RAIL
road, claimed 20 have been purchased by ptainIiS,
VAS oroered to be heard before the General Term on
Saturday next.
COpRr 0F OYER AND TERaINER.-The
.nai OF An.ono Lopez, charged VITA the murder OF
Mr Foster, policeman, lyth Ward was se. down for
to-day, but adjourned to Thursday next. owing to
temporary ndispositon Of one of his counsel The
jury was discharged Ill Thursday.
SUPREME COURr - pec,oi Te-n.-Befcre
Judge Mitchell
William T. W0issr agt Tsoac H. Tsui> and others
Motion for Injunction restricting MesTs futile and
others from publishing, taking copies, or reading
themselves, letters placed IN hands OF Defendants
who form an EcclesaStc Board N Prosecutors OF An
Episcopal ChurchD Also, that they deliver up said
letters TO plaintiff. (who Is a clergyman of an Epls
copal Church at Brook,yn.) and that receiver be
appointed 20 the care and custody of said letters
II appeared by the proceedings that some charge
OF improperly as TO some females had been made as
TO plaintiff, which he denied, and no demanded
commission, agEeesbly to the canons of the Church
10 examine as 10 the charge, which was granted and
the letters now claimed placed by HIM before the
Commissioner and he demands their return. II
Was said IN Csfense, that these letters the Com
r. sion made presentment and that i, Is proper
ihev should be retained in proceedings should any
be- rad III the case. before an Ecclesiastical Court
which might be appointed 10 Try the subject.
The Court minated that II would be proper per
llps 20 appoint a receiver OF the letters. so that
Cllhtr party might have access TO them on the TRIAL.
hut II would reserve, for the present, It's decision
JonafbGs HarenS, al sat Of Henry w. Bstchr APP
uication ION the ground. among others that defend
ant has circulated 1T Sag llarbor where no resides
report that his paper has been forged and created an
influence IN his favor that the trial be remo7ed from
Suffolk County TO New-Nork. Granted
John SoiSer against the Empire Insurance co-Mo-
ton to change place OF TRIAL to Duchess County
Granted
COURr or COMMON Pleas. - Before
Judge Ingrahsm --ROberf g. VOORHEES, against Albert
G. NolC-To recover one-eighth the profits of de-
PENDANT in a mining and mercantile Company at
Caiiorna-already referred 10. Verdict for defend
ant.
Before Judge Woodruff
JeRa Green against the Mayor. AAsrn.e", &C., Of
Nec York Action for treSpass. IN entering, as al
legged, the premises Of plaintiff in Forty-hrst-st, De-
tween Tenth and Eleyenth-avs., IN Octooer. lso0,
tearing down his building. and destroying machine
~. &c Damages laid At $4,000.
In defense il is charged that plaintiff was engaged
the unlawful business OF boiling the bones OF dead
animals III the vicinity OF a dense population, and
rendered the air nauseous and unhealthy, and kept
on the premises mass of unsound and unhealthy
matter every stage OF putTeiactlOn-that MS es.
tabllshment operation during the sickness OF
s49 and plaintiff refused 10 remove OF abase the dif
fculty complained of-that IN September, 1880, the
Common Council passed an ordinance making II
unlawful 10 continue the business OF bone BOILING or
horse. skinning in the CITY. under the penalty Of
$500 Also hat after due notice, the party refused
to remove any establishment of the kind. the CITY In
spectsr authorized and required so to remove II
that the establishment Of plaintiff was continued
operation, dangerous 10 the public health, the ma
terals OIL 1t saturated with the foul matter, and the
whole nuisance, and II became necessary to re-
move itand that. in 50 removing the CITY Inspector
acted according to law, &c.
On the other hand. plaintiff alleges that ne was
not engaged the business at the time the buildings
torn down, and that the stable, among the rest,
taken down, lie alleges tina, steam machinery,
boilers, &C. for the manufacture OF glue, were de-
strOyed.
TO meet this, 1t was said the establishment may
the provisions OF the law To be continued.
COURT or COMMON PLEAs-Geneyai
TtraA-Peffr IT, BdU9rd respondent, against Simeon
H. draper, oppeiianf.-ln trial before Judge Green.
tor one quarters rent OF room al No state st., al
s2Op year, It was held that person taking premi
on the lst OF May OF subsequently. not having
any vIneS, or anything said as 20 1t, the hiring IS
untll the mex, Isl Of May. Appeal - made to tins
cunt.
MI d. went INTO possession If the premises on the
Isl OF May, aud paid monthly 10 st August when he
moved out and ice rendered the key 70 Nh Bay
ard, but the latter would not receive 1t but the
third time the person called, Mr. d told him 10 lay It
or the desk, which he lid, and leh the premises.
Mr. Il had been seen ironing IN the room.
This Court considers that the hiring had been for
year e Il. ). %, Sd ed that Mr. b. telling The per
son to lay dOwp The key not proof Of the accept
ance anc that there Is 10 proOf;la Mr.. b. kne" Of
the etrl ironing IN the room
The sun : for lie quarter ending lst February,
1851. Judgment for plaintiff confirmed.
Before Judge lneraham
Eos.yt g. VOORHEES, agt. Al5srt G. WoT-ln Janu.
ary. 1912, Mr. '. loaned to Mr. W, Ga blacksmith by
occupation one OF company formed for California,
called the California Mercantile Mining Company
to enable Mr. W. to make up his share of $1,000
The enterprise was successful, and the company
disso1 yed the following September, Mr. W. receiv
ing back, Tor his $1,000, Si,7t3.
one OBJECT OF the Company was the purchase here
Of he schooner Anthem, and loading her with car
20 suitable to the California market, IN addition TO
which II was agreed that they should proceed 20 the
gold dlgsiHeS.
signed paper. which he contends was 10 glve Mr..
" IN equivalent for his rlsk Of the loan, one eighth
Of ms share OF the profits OF the vessel and cargo,
but Mr. insists thai II was to give one-eghth OF all
hd MADE ard Mr. Y. handed the agreement TO the
Pre- Sident of the Company his agent to collect the
amount After tae dissolution of the company Mr..
W offered 10 pay the agent II lie would surrender 10
hin the agreement, the $500 borrowed and $3.50 al.
titona beng eighth Of his profits Oh the vessel
and cargo which was done aud the paper sur
rendered.
The present suit IS TO recover about s2O0, the
eighth OF the gold mine earnings the night TO which
j. Denied also that II is usury &C. the $3.50 already
PAID bonus being upward OF 30 per cent interest
also that IN surendeTing the paper Mr. w. It was
sad, refused TO pay unless It was sure ndefed the
mater was settled.
MARINE CoURT-Before Judge Cowles.-
Jo1afteq r. Brfses agt Jaaes >iarIH and PatrVk
Horqn-'Fhc plaintiff is the owner Of certain prem
IseS GTe6nvlchst, and rented the same 10 defend
a,t. SlSvin. Or the term OF FIVE years. lease was
executed between he parties, and defendant signed
The same as surety. The lease contained no cove
rant repair OF any clause that rent should cease
i The premises should be burned rendered unten-
suitable. The defendant Slavn occupied the prem
ises but they were destroyed BY FIRE IN June last.
This action Is brought against the principal and Sc
curly 10 recover one quar- er's rent, accrumg be-
tween the lst May and lst August, 1851. The de-
fencant admits the due execution OF The lease, but
defends OF the ground that there was parole sur
render and acceptance of the premises
The Judge considered that the defense had no,
been sustained IN regard TO The surrender, ana he'd
that the oGiCndaniS liable To rent although the
premises were burned down. The tenant should al
way provide for this contingency IN his lease II u