New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-18

under an execution the horse and cart were TAKEN
advertised TO be sold at auction at q certain place
in Broadway, and Mr.. D. paid for said cart and
horse SIS, being about all that he was worth IN
the world-that plaintiff, previous to the sale,
did not claim to own the horse, but said that lt
belonged 10 his nephew or TO G. H. Il Co. aud It
was not till after said sale that plaintiff claimed
him. This was denied.
twas stated for plaintiff that after the cart and
harness had been in possession OF Mr. ID. plaintiff
went before a Police Magistrate, complained that
the man in possession had vrongfully deprived
him Of 1.-THE cart was taken by Police othcer,
bat the proceeding dismissed when the property
was taken by plaintiff under. replevin, and the
present suit is brought 10 test the question.
The horse was subsequently found in posses
sion of another party up town, and also repleven-
ed, and that suit together with the suit OF Messrs
Huestis and Green for wrongfully taking said
horse and cart &C. are still pending.-Ve rdict for
planting. valuing the property at sl25.
Before Judge Ssndford
Daniel q. johnson vs.. JOHN Il. and Joseph
Hopard.-Mr j., through his counsel, claims that
on Goth Oct ls49, he contracted with Messrs. Il.
through their agents at San Francisco,
California, for a passage in the steamship
Empire City, or such other steamship OF
which Messrs II. were agents and part owners,
which should be waiting for the arrival of said
plaintiff and other passengers at Chsgres, thence
to New-York, for which plaintiff paid to defend.
ants, through their agent, Sll0i but said plaintiff
ayers that although the said plaintiff arrived at
Chagres in due time, vet said defendants did not
carry and transport said plaintiff to New York as
aforesaid but on the contrary, allowed said steam
ship to sail before the appointed time and negii;
gently and carelessly IL not wifuly, left the said
plaintiff behind, whereby plaintiff was put to great
cost in getting to New-York, for which he claims
$780, and $500 additional as damage by reason OF
the delay.
Messrs. Howard, by Messrs. Burt & 6midt, their
Counsel, deny that they allowed the said steam
ship to depart before her appointed time, or that
they neggently, carelessy or wilfully left the
said plaintiff behind, refused to carry and trans
port him as aforesaid. They say there was no
particular time appointed for the departure Of de-
PENDANTS steamship from Chagresi but deten-
dants by their agent at San Francisco, stated to
plaintiff that their steamship would wait at
Chagres after the arrival at Panama Of the steam
ship in which said plaintiff was to come from San
Francisco a reasonable length of time to enable
the passengers and freight and specie TO get across
the Isthmus of Panama to Chagres and get on
board their steamship, and no longer, provided
that such steamship should not be detained later
than 30th November l549i that their steamship
did wait after the arrival at Panama a reasonable
and sufficient length of time for the purpose, and
that nearly if not ALL the passengers, freight and
specie were put on board, and that plaintiff had
ample time to get on board, &c.
1t was shown that the Empire City sailed from
Chagres early on the morning of November % !;
also, that a person at Cruces, after getting to
Panama. said to be an agent of Messrs. L. told
Mr. J. that it would be ample time for the Empire
City if he got to Chagres by noon of the 28th,
which he did, but was too late.
It was denied that the person at Cruises was an
agent ofMessrs. L. but circumstances were exhlb'
tied to make it appear that he had performed acts
of agency sufficient to designate him as SUCH Yer
ui'' 'Oi p'"'"''"' 10 FRIDAY, Jan II.
Before Chief Justice OAKLEY.
John Caridn and Wnl. Hartman VS.. me cry
of Neto- York "A hackney coach belonging to
plaintiffs, was proceeding on the night OF 18th
Dec ls49, along the space sometimes used by We
hicles. &c at the E. side of the Harlem Railroad,
having two gentlemen and lady as passengers,
which it was conveying to Harlem from ball at
the Apollo The driver being unacquainted with
the road the coach was precipitated at Thirty
sixth st. over the bank into the cut made Tor the
Railroad, distance Of about 40 feet-both horses
instantly killed, the carriage destroyed, aud the
passengers much hurt, but the driver escaped.
Action is brought by the owners OF the carriage
and horses against the City to recover damages,
amount placed at S2,000-it being contended that
il WAS the duty of the Corporation to have kept
said road in good order and safe for travel, which
was not the case, part of the top OF the embank-
ment having washed away, and no rail or Light
and the night was so dark, aud snow being on the
ground that the driver could not guard against the
accident.
For defense it was said that the road at the
side of the Railroad never having been opened,
the City was not bound to keep 1t In repalr-also
that IL any one was liable it the Harlem
Railroad Co. who made the excavation, &c.
The Court held, for the purposes OF this trial,
that the Corporation was bound to see ROAD SAFE
whether opened or not Verdict for plaintiff
S645.
Frederick Y Greenleqf vs. ThOs. NJ Woodruff.
For alleged assault and battery. Mr.. w let 70
the mother of plaintiff the upper part of his house
in Broadway, and some difficulty and words oc-
Cured between him and plaintiff as to the front
door being left open. The assault was SAID 70
have been occasioned by plaintiff telling the girl,
in defande Of Mr.. w. to leave it open. Verdict
for plaintiff, s2J, which carries like amount Of
costs.
u. >. District Court. FRIDAY, jan H.
Before Judge Bets.
George Anterior, carpenter OF the ship Robert
Kelly, plead guilty of an assault with dangerous
weapon Ia billet Of wood and was remanded for
sentence
The Grand Jury returned bin Of Indictment
against John Keegan, charged with larceny at sea.
On motion of ]. Prescott Hall, Esq. District At
torney, and on presenting certified copy OF the
conviction at the Sessions, the name OF Geo. w.
Niles was erased from the roll OF Attornles ana
Councillors of the Court.
q. 8. Commissioners Office....FRiDAY' Jan. II
The complaint against E. P Hathaway, late
mate of the Agnes, charged with an assault with
dangerous weapon, on Capt. Brown, the master,
at sea ALREADY referred to- was dismissed, the
proof not showing such assault.
Circuit Court. FRIDAY, Jan. II.
Before Judge Mitchell.
Hill Goicdy VS.. Thomas JaS'es-To recover
from common carrier the value of l,506 bushels
Corn said to have been shipped at Albany In de-
fendant's barge, the Rough and Ready, in August,
le4s, consigned TO plaintiff In New-fork, bat
never delivered, already referred to.
The r. 4 X. with her contents, was burnt at
the great fire at Albany in ls4s. An attempt was
made 70 show, in the term Of law, that the burn
ing was the acto God and defendant not account
able hut the Court would not admit the teatImO-