The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-22

BEFORE Judge Eowoxoo.
MARCH 1o-Niehoiss Cart and shers, 70. Peter n.
Cssmsa -This vas n sssioa 20 recover damages FOG
breach Of contract y appeared hon the evidence
articles 10 the yssr ls4S the tsrns Of which were,
that the defendant who wss worker In tin and sheet
California and there for two years carry ON his bust
ness for account OF the partnership and that ne was
from time to time, to t1snsmit t. the plaintiffs
In this city the proceeds Of the enterprise;
the latter to furnish the capital The plaintiffs,
ooIdingly furnished 400 which 70 pay the pes
be used in the enterprise; and during the sbssnss
Of the plaintiff they advanced for the support Of bis
wife and family sss4 In pursuance Of n. arrange.
Francisco, Calornis, common ,ed business, and
risd II on for year At the end Of which, plaintiffs al
turned TO this city leaving the plaintiffs behind
hin; They further sllegs, that he gave no account
Ct the Ps,tns.ship property but offered them $leo
and they also ailegs, he entered into new arrange
ment With other parties in this city, to return again
The defendant. by his answer, deemed tho material
allegations in the plaintiffs complaint and alleged
than what COST that he gave the son $500
In California and that be accounted for the rest In
oiudiDg his pssage money and $500, which he paid
plaintiffs after he returned, and insisted that plain
tfs had net made out Of action against him,
and that their complaint should be dismissed. The
complaint " as accordingly dismissed.
Charlie, Chennock rs Thomas Barron and Henry Robin.
son.-Tbs 10 action to damages for q mali
cious prosecution 1t appeared that plaintiff and a.
that Robinson was their clerk that they boarded In
Henry street, and carried business In Catherine
ceived letter from his father dated at Niles Mich
In which he ated that he had before that written
him letters neither of which he tBarron) had re-
ceived Barron, thoreupon, Questioned Robinson who
told him that letter dii sc.ed him. with the Niles
port mark on It, cae TO the store and that Chsnnock
United States District Attorneys office, made sfida-
Wits Of the above fact procured warrant and caused
vestigsted, and the com plant dismissed Adjourned
MARcH H.-Chennoek rs. Banon-verdics for the
plaintiff, six cents damages.
If X i action on nosy Of
insurance. effected by the company, through their
agent in New York, on the plaintiffs store. In Quay
in fer 00O ON the 10Th OF February isas tho dc.
fendsnts by their agent delivered the policy In
Liberation Of premium Of 50 IS which was paid to
produce, in the sum Of COO in the brick tin roof
store belonging to plaintiff in Quay street, Albany,
by IRE a. sSoud happen ' to said premises I iss
during tn. period for which such iasursncs
the dat. Of said policy. On the frst Of March,
being few days after the policy Effected fire
broke cut in store few doors from the plaintiffs
the wind being in the direction of the plaintiff store
and blowing hard at the time, his premises caught
fire and was burned down with its contents together
with thirteen fourteen other stores in the same
street Tho plaintiff tbereupon served the defen iants
with the usual proofs and called upon them TO pay.
They seems offered to pay So ooo which was refus
ed they subsequently, offered TO pay the whole sum in
crafts (which WAS al,o refused Ths plaintiff then
biou,ht his action The defence eet up that thu
policy contained a provso that goods which were
extra hazardous should be stored In the premises
unless an extra premium paid, and the de.
PENDANTS Insisted that that provision OF the policy
Nieatsdi ipnsmuch IS there was large quantity OF
goods which we're extra hazardous, stored therein
They also set up another Defence namely, that tho
plaintiff had Effected policy at another Office on the
same premises, without having given them notice
They subsequently, obtained order to file q pple
mental answer, Ia which they set up third defence
n hn
policy wa, delivered Upon these TIRES Issues the
case now comes before the jury. Adjourned.