New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-18
Superior Court. SATURDAY. fe1- H.
Before Justice Oalcy and Judges Slndiord and Pane
Decisions.


John Chester, appellant, rs. Lccl UitiS,
reepo, eut--in this case IL decided thai The usage
where goods are solo cash. hut delivered win ut o. a
re o. delivery receiving the casa, Is against a, ana vll
Mr. Chester hc Count said belonged 20 Derry de lai
flour no Newl ork and gave power 90 Mr. NILS 70 sen 10
SIR L was here Sd. n tine himself but ZEN Inc OH
OF cCmpeiu alleges that Ac empowered MI MINIS 10 sen
the aolr for cash, and 10. Otherwise Pc ans yer uees
the claim t1d saws ihe must be according q clslOm
Mi NJ goes On say tl TIE sale and de VERY OF Tue Odr
TO Mr. Demng according the Gust pm OF sales oilour
There were TWO Issues. One that IL is customary 10 de-
liver goods produce sold for cash before ns casa IS
received Tie fOur was IOd in This way aud de,Vered,
he purchaser failed and The cash never paid The
question was Is TO usage, and II Mr. Nj was liable Inc
Eyider &c was offered 20 prove that Is the custom Of
merchants TO deliver -four bus sid before the cash s re.
charge snd verdict fonnd for defendant
We think The custom is Illegal IL Is a custom against
the plain meaning OF The term sale FOR cash. ana no PROOF
Ia allowed 10 vsry the by say ing there s usage 70
The conirsrv Where the psiu meaning Of language IS
undersood il VIII not be available for party 10 SCI up
M thar there is aspect Off, II that 10 allowed one
~ one usgre will be adduced and another day another.
When the meaning Of language has been perfectly well
settled the parties not 10 be permitted 10 sci up usage
W. sbs9 oder new Trial The plaintiff must amend
his replication as 10 object 10 the legay OF ms Issue
New trial ordered costs 10 abide the event OF Inc suit
Sarah Ann Post VS.. Isaac Adridhce-
Point Of Pracrce-Appeal hom order al Special Term
10 ske ont peri of the reply as redundant The loon 70
strike out 70 two paragraphs Inc Juoge REUSE
10 strike out one but struck out the oher aho granted .
moving psrtv costs Of motion. The appeal was mace
on This point The Judge, the Csurt SAID was rght IN
strknc out and only difficulty was II cosn sh0lia Dc
Granted when onlv part 9th motion was allowed Where
party succeeds in obtaining part OF rs motion oay ne
shoud not be ented COSTS but costs shoud Dc 10 ne
ther party. Order me- dihed accordingly
Samuel Hoffman ads. John Leslie
Hoffman had taken mortgage personal property end
foreclosed- the properly sold and Leslie old u IN u en
sued H. IN rover ana recovered aoout $50 ' ~, ~
manned ia bis possession The Court unks unoer me or
cmslaucee he entitled 10 recover more man
cost him 10 buv te property in New rial granted, on
PAYMENT Of costs unless plaintiff consents 10 re'uce "
$7z So with interest from Sept 1872 IN wnich eAse HO
ton for Trial denied
Eugene KeteltaS and others, appellants
.. - y R,}kl,,, yesDopdent Exceptions as 10 charge
OF lie Judge Ac-ls suit, The Court sad i3r ma
Dciou. prosecution sgelsl four defendant ants
= and Keletas Smith and BTUsh-hut me COurI h .uo
trs directed line jury scqal Mr. j. h and they oo 50
The scton superinduced by sult IN ne Cohnlon
Pleas growing out Of quarrel between defendant anu
hsckneV coschnsn ueued Bradley, who sued lnein Tor as
ssnlt AID battery, and recovered judgment Mr blAIey
wa one of The coanse for b. the occasion, and gave
testimony De having witness The tfsnsscuOn -,
Subsequently the defendants (spparenuy tarou5s ~
smith pfincip preferred complsint before roc9
Justice charging MIR Buckley win swearing on lus " ~
he was not rere-tsd, whereas h was 40 hyng asy u
AGeTwsfd given notice mat re naa gSe ~
ney from Bradley - 10 ihs yloghe.s ~ NJ eSniIb
dismissed TIE complaint but o. the Request oI NJ d
The Court said The papers were presented i fr
jury who found Indictment against MI oulA.J 80,
perjury Thai was brought trial and Al me -
Of The testimony the Court ordered the Jury 20 ac4 i
Mr huxley then biough this scon for malicious PROSE
cuon which wss tired in Ibis court, and VeIu.c, -. ~
covered for 5000 biz Of exceptions VS. ~ a.
entered 10y Messrs s AID b with view 20 -.
The verdict end that trsl be granted. me case
WIS tried before Judge NanderpOel 49,. r.
II was insisted ih Ire argument that there - ny ~.
Client eviC 10 implic6t- hr Eugene het5es ~
Brush they having "a nothing do win me co., y
perjury except 10 make their stldayit when ear
The Judge al The Tis decided that there was a ~
also decided that the damages particularly - " ~
Brush. were excessive. -.-- = g, .
Twas also commended hat The general Character o. ne
Jud pes charge culAed Ia have 40 Improper u'
ence jury IN their view OF the case 80 - -
The es-thai he he'd gone further In MS sc ihAn
he bad rif ht 10 do. -. q, 49,. -,
These questions decide cannot be broukpt into me
Geuers Term for is judgment Questions " TO Whe1he'