New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-06
COURT PROCEEDINGS.


Court CALENDAR-ThisD Day. COMMON
PLEAs-Part mos 1915 ,225, l,22', 1921, 1899,
l24, 2iS, 1915, l24a, l,25l IIs5, l,s7 1903 25S,
1855. Part. II.--Nos 900. 69i 500 $50, $50 s32,
$40, s52 SOS, SIS. 9l2, 924, 934, ga. 9is, $50.
CIRCUIT Court THIS D1y.-NOs. 500, is. sil, $40,
s45, e45 SAC, e9, 427 4i4, s, siS, $50 s52 4s AZ
SUPERIOR CoURr-H0nday.-Nos 10, IS, IS, So,
81 co. los 1885, l66 49, 1875 99 203 206 20s, 2ll 2l3,
2l4 25 2l6, 2l7 2lS 29, go OIL 22i 227 Dos, 800,
go, 6, 49, As, 65, H. Isl, Isl, 81, 23l $780, 23i, 49,
236.
SUPREME CoURT-General Term loaday.-Nos.
IS, &c, Is, 30 to IL.
SUPERIOR CouRT-Before Judge Sand
ford VIM. J. Broun, and Others, ags George Brad
shGic BY lumber merchants, to recover OF an owner
of lots In Thirty ST. between Fourth and Lex
ington-avs., the amount of bill OF lumber For de-
PENDANT it is said that Mr. b. made an agreement
with Richard McNulty that the latter should build
and after the buildings up, Certain advances 10
be made,) to give deed and take back a mortgage,
and that the lumber In question was bought by Mr..
Men. This was denied, Mr. Men. saying that he
ordered by authority of Mr.. b. on Mr.. BIS account.
Verdict for plaintiff, s204, being amount.
Before Judge Oakley.
Htnry Tep0ei against VIM. Itpe--IO recover Tor
assault and battery already referred to- Verdict fer
plaintiff, $50.
SUPERIOR CoURT-Before Judge Oak
leyJohn Horne and wfe against city Of Ne,c- York.
To recover damage for injury from stone IN
blasting rock in Forty hrst-st, already referred TO.
Verdict for plaintiff, $3.50.
SUPREME COURT.-Specidl Term. be
fore Judge King.-Hrdm H. Coon against Sarah
Frances coon On the furnishing of certain papers
decree of divorce granted.
Saruei Berry against T.. Bcrry.-DefendantS name
does not clearly appear. Case to commence anew.
CIRcuIT CoURr-Before Judge King
SSS 81 for alleged breach OF contract the
T Sen l' Penn ne mcunan coal al 81 s., and cSesnat
coal at IS cts per tun. The coal was to be delivered
on canal boats. A break occurred in the canal. and
plaintiffs offered to take it at the landing, but defend
ent commended as there were no canal boats and no
Camel Co rails running 10 the mines they were not
bound 10 deliver - also that the contract was not
binding. Verdict this forenoon.
u. S. CIRCUIT Court Judge
Betts-The sui. for alleged Libel against Mr.. Tap
pan in relation to an entry in his mercantile agency
register. still on. Argument was heard yesterday
as to whether the entry privileged to be entered
this forenoon.
CoURr OF COMMON PLEAs.-Befere Judge
Woodruff John Van Antpap agt Thomas Caraiey,
sherif-To recover value OF span OF horses LEVIED
upon as belonging to MI Burbridge, already referred
to. The Jury cOulc not agree and were discharged
S,mcn Wilcor agt James G. BenneH.-Actlon for
alleged libel contained In paragraph In defend
ants paper, which, after stating that indictments
against the Messrs. Drury are being tined az the
Sessions and one against Arlington Bennett TO fol-
low, says there is one also against Simon Wilcox,
which will present some curious developments IN
relation TO some land transactions, part oil when
was disclosed on late trial by Wilcox against the
Herald, &c.
Motion was made by Mr. Cutler, counsel for de-
tense, for Judgment for defendant on the ground
that the answer on oath, sets up that what was
stated was true and also that the publication was
privileged and that the reply TO the ans wer does not
denv that this was the case. The motion was Op-
posed by Messrs. Palmer and Waterman, counsel
for plaintiff but allowed by he Court and verdict
ordered for defendant
Francis Caudndgh agt John BIgrtLcksr. recover
damages amount laid at s. 200, for firing pistol at
plaintiff, and wounding him IN the night arm and
thigh, while he was eDdeayoring 70 get into the
house In which he RESIDED on ilgnl OF the ith De-
cember 1850
Defendant, it was stated IA German) owns a
house and lot on Sd between seth and 40th sts,
and plaintiff hired room and bedroom of him IN
the 18th story Defendant also resided IN the house,
and difficulty occurred between their wives as 10 the
| children playing In the yard and Mr. and Mrs. Z.
went out 10 leok for other apartments, leaving four
children In their room. They were detained longer
than they expected TO be- and returned 20 the house
about IL O'Clock IN the evening, and found the front
| door locked They knocked for long time, but no
one coming TO the door, Mr.. G. caught up a stone
and threw II at the door with view 10 force It OPEN
when Mr.. B. fired pistol al HIM, severely wound
iIg him, and causing him TO be sick for some time
and prevented himfrom pur1uing his business, which
was that o. a caIman.
In defense Il is said that plaintiff broke the lower
part OF the door IN, and that defendant az the Time
Of firing tie pistol (Which he always Kept loaded)
supposed to be burglar also, that plaintiff, pre-
vioHs 10 his firing, assaulted him This was denied
| The case is on.
Before Judge Daley.
Dartd Joquss agt Elisha Rucknan I o recover fuu
wharfage for oy ster barge lying head on at bulk.
head, between Dey and Fulton-sts, North River al
ready refeIredio.
The boats have platform from the bow (which is
| square) connecting with the bulkhead. Nine OF
| them lay this way in the slip. The Corporation
charged them $50 year wharfage each but Mr. j.,
after taking lease OF the wharf and bulAhead insisted
upon $5 the first year, and the succeeding year re-
CURED full wharfage, according 10 tunnage, at the
rate provided BY the statute which maie the wharf,
| age sls4.
| In suit at the Marine Cour. against one OF the
barges mot Mr. RS 1t was held that the Darges
loading directly from the bulkhead are liable for full
wharfage which decision was sustained, on appeal,
| by the General Term Of this Court.
The Juoge, In the present instance, however, held
the barges 10 be peculiar cases, not contempa.ed oy
TIE statute and most proper for special agreement,
absence OF any SPECIFIC agreement the full wharfage
unless lying al the PIER cannot be allowed and
even at half wharfage II would be more than con-
tempated by the statute which was for vesse lis NOV
ing in and out and not permanent, as these II
the Jury consider the notice Of change from 273 was
given within reasonable time. they Will allow wharf,
age but not exceeding half wharfage, as directed by
statute for outside vessels. The charge except
ed 70 BY counsel for laintif The Jury gave yer.
dict for plaintiff for t92, half wharfage and also ioE
a former balance, IN all $l53, which amount MI n
had rendered previous 10 the suit so that he Is eh''
| tied 70 costs. -,
SPECIAL TERx-Before Judge Ingrahsmmtue
| Department. Fund agt August SHTmerf Jo" IaonHp-
| sorl. John Qninn and Thomas WaH.-Suith W
$500 against each for alleged infringement, y. nie
| laws. judgment for piainun oil s'oe ~ cav"
Cousr OF COMMON PLEAS. - before
| IoS.. woaSnN- l.urdoa MilLsy agt- The EdsH Lgo