New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-16
Supraroa CouRr-Before Judge Camp

o. between
and the lower story of No. 10 is passage-~ay 10
feet wide, In the rear Of which MT T kesps pistol
gallery TIE suit Is brought to recover for cam
in Dir. 7. placing lamp Containing strong light
on the SIDE walk in front OF the aley which Is not
required 10 lsh he street but Ia used sign ant
is a Nuisance, Gc. Action Is brought for damages
the Corporate nd the Commissioner Of Streets
and Superihien fl OF Lamps and Gas having been
made co-ce'eni- as II IS said they gave leave 10
Hr T. to pisc, hs lamp post.
Tie suit. for thing, Is to test the ownership o.
vaults under c side walk Nos. and 10 we're
owred by thu te DR. Hosack, who sold them 70
Mr Jer A. T nsend serving the ten feet pas
SAGE way as fntraDce to the lot IN the reir, nov
occupied BY 81 L. Mr. WIN. 3. Townsend bought
sold No. 10 . sin,if. The cause was commence1,
but the Court considering it case in equity, 1t WAS
transferred to lie Special Term.
Before Judge Oakley.
W. C. Rudndn agt A. n .Southwick 1sd Geo. o.
7Vpp,r To recover for 30 hid. porter The de-
tense 49, that defendants are engaged in botng and
vending ard were induced to quit purca ssn5 where
they formerly Did sDd buy Of plaintiff, the repre-
sentation that his very superior. II proved TO
be otherwise, and defendants lost custom. Iley
also aver that or complaint being made they were
authorized when porter or ale proved bad that they
might throw 1t away, and palnut would make good
any damage attendants sustained by selling any tnat
proved to be bad. They had to throw part of these
90 bids. away, and they claim TO Offset for loss oil
custom, e 600 famages .---.-...-.,..,.
For plaintiff was said custom exists in the sale
of porter and az, that II It does not prove to be gool
paw for Il. The Court thought In law such custom
could not be sustained In regard to this case, the
Jury thought there was an agreement TO pay damage
and any accrued, they could Offset Il. Verdict Tor
plaintiff, 3lSS being amount.
U. S. MARsHAL's OFFIcE.-Capt. Pea
body. OF the ship Liberty complained OF by Geo
Thompson one of his crew, with an assault with
dangerous weapOn-a HEAVIER. Held TO bail IN Sou
CIgcUIT CoURT-Before Judge Edwards.
--D0Ud 4 Mitchell against Elias and YIN. ". Weed -
Bv a merchant IN Columbus, 0bo,with whom Da-
v.d Mitchell OF Cleveland, in 1910, entered mo
caYtract &c purchase $1,000 bushels at 10 cents
a bushel. bat Reused arorHard to receive IT, al
though rendered, and the corn was shipped to New
York and sold At loss. lie subsequently issued an
attachment at Buffalo against pe'sonsl properly Oh
Mr.. A., claiming that Mr A owed hm $500 dii-
ference on the cOniract-and Messrs. Weed, Of Buff
f8lo, gave bond to answer the suit
CIRcuIT COURT. -MtcheH against Weed.
Il recover loss refusal to purchase 5000 bush
els com, agreeaby 10 contract already referred 70
Verdict for plaintiff, $4,000.
COuRT OF Common PLEAs.-BeiorcJ Judge
Ingraham -G,alicruc and LudorI, Cka1cel against
Geo Barci0p-Sut against Barclay & Livingston to
recover abou, s. 600 sent by plaintiffs to John Mich
ell, and pledged by agent Of latter with b. Co.,
already referred TO. II appeared that plaintiffs nal
sued MI Niche H. the factor for the am un', ana o.
sent csse, the Court held that plan.f>navng elect
cd 10 Mr.. Michel, they are cstOplet ron
claiming against the patty TO whom the goods were
transferred nonsult was granted
CoURT oF Common PLEAs-Special Term
Before judge Woodruff -Ftdncis Mitchell against
Da,7d Rartor and Alexander hotfheles-Sult for as.
saut and battery against two police Ulcers, 1t being
alleged that Dr. b. struck plaintiff in August 800,
in King st, a violent blow IN the face, ana Mr W.
caught plaintiff by tie arm, and the two dragged MN
10 the slaiion-h0usc, where he was discharged. lie
alleges that the difficulty, of his hands was so
much injured as 10 disable him from work, and that
the assault was without jusilhable cause &c. The
points are denied The venfcation having been con-
sidered objective, defendants attorney answered
without versifying, and the case has been lying
over for more than a year. Motion was made for
judgu ent for want of an answer Notion denied,
plaintiff may amend and defendants must answer.
Rob, an W Price agt. itom HGUeS.-Nr. T. aleg-
ed that in getting s 600 bill changed at the Green
wch Bank but $3.50 was given III return thatthe mis-
take not discovered I'LL after the party getting the
exchange went out, and on RETURNING the BANK
would not correct the error. SUIT was brought for
the 500 and the referee reported infavor OF defend
ant Motion made 20 set the report aside.
The Court is III doubt II the custom OF the Banks
not to correct mistake unless discovered before the
party leaves the bank. can be sustained they would
expect helT dealers to pay them back any ogerpay-
ment. But the SUIT IS not against the Bank. but
against the Cashier who acted also as paying Teller,
and the question Is, If he had appropriated pianns
money to his own use. or in receiving the SlOOO ne
conducted negheently that plaintiff sustained
damage Ordered that the referee report the tesii-
mony, and the motion TIL that time denied
CoURT OF GENERAL SESSIONS, Oct. H.
Before the Recorder and Aid. Concklin and Dooley.
Trial tor Grand Larceny.-MoSeS Stein was placed
on tIial, charged with grand larceny, IN stealing
watches. jeWeiTy and money 10 the value IN all oil
1919 the property OF Joseph Stern. IL appe ued IN
evidence that the prisoner and Nj Stern occupied
apartments IN The same house IN Houston ST., ana
the properly stolen was IN trunk III the garrett OF
To hOu afternoon
discovered In the room, and on examination, the
trunk which contained the property was found 10 be
burning. Circumstances cast suspicion upon the
prisoner who being arrested and taken to the 70
lice Court confessed that he had stolen the property
and buried H. the cellar OF house IN COLUMBIA ST.,
where it WAS subsequently found. The Jury con
VlctCd the prisoner, and he was sentenced 10 tho
State Prison FOR three years
Before Judge Beebe and Aid. Conckln and
Dcoey.-1rla tcr assault and battery wifh 'ntent 80
IrV-lChn Jackson. colOrod, was placed on tlai
cha sed With asSauliing with intent 70 XIII william
Wallace nd Timothy &. Clarke policemen OF the
Ninth Ward 1t appeared that the officers went 10
Arrest tie defendant for an alleged assault on ms
brother he warned them OF and threatened 70 shoot
them. n the same time presenting pistol AZ them
and mapping i He Was, however, oyerpowered
ard plurcC hen the pistol was found 10 be loaded
Wnh pOwcoE and ball, but no cap was upon H. Inc
abSe.ce Of tie cap rendered the pistol harmless
weapon, CT at least not deadly one Inc jury
therefore, under The charge of the Court rendered
yogd.Ct o. guilty Of assault ana battery ohy As tne
prisoner had already been In prson about month,
lie Court suspended sentence
ISial for Burglary ~ the FIRST Dsgrss Henry Al.
len was placed at the bar 20 answer an indictment oil
burglary ~ the first eesree IN breaking INTO me mouse
OF OScS Mann No Isl CherrySi On the 50 OF sept
Mr. Mann testified that his house was broken INTO on
the sht IN question, and about sl5 worth OF proper
" was stolen Among the property taken.vas gray
coat which was traced to the possession oil the pms
onor and lie could give satisfactory account oil
his possession Oft, he waschaTged whthe burglary
aud theft Tne Jury found him guilty Of burglary IN
the % degree and the Court sentenced Mn 10 the
state Prison for SIX wears and six months
Adjourned ioy the day.
Board OF ALDFRMEN-Sf tted Ssss0n--
TUESDAY, Oct IA, 1851. -
PTsgsaf-Norgan Morgans. Esl President, Aid.
Grifie Dodge. Sturieyant Oakley, Chapman, Kelly,