The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-14
Superior Court.


March 10 Insurance Cdse.-The plaintiff was IN
sured BY the defendants under policy effected in the
name o. Spies Co. (Which the latter assigned to
On the arrival OF the goods were found to be dam
aged and the insured and insurers could not agree
to the amount Of loss which the latter bound to
pay the defendant thor determined to sell the goods
At auction for the purpose Of ssssrtaning the exact
amount Of the loss and sent the goods to Payton,
their suctonser. He sold them and failed, and,
oeseary did not pay over the proceeds to either Of
from the defendants the amount tor which the
goods we're sold. The case wss tried before and
dot obtained for the plaintiffs Defendants counsel
gIvundsI'ft he insisted that the goods which con.
sisted OF r cases Of cutlery, sold exclusively ct
ants having interest in the sale except obtain BY
IL the necessary Information for ung the mount
Of the loss 70 be paid under the policy and that suoh
and alec that sot Bound by the act Of
their assstant who sent the goods to the auctonee
fore they could net be legally bound BY his sos that
whether the auc.oneer Was the agent of plaintiff
Lastly that the Judge was in error every part Of in bis
charge, except that in stating the auctisneer
the assnt q both parties the defendants were entitled
The csse vas carried to the Court Appeals
and new trial granted
The cause went the Jury this evening, but they had
not sgreed when the Court adjourned
Before Judge Sanford.
angels Squorzs Ltps Gesoeehio and anofLer.-rhis
Was an action to recover damages for breach Of
tract. Mr. Romano Dillon counsel for plaintiff stated
that the parties italian exiles who had arrived
here In 1885, that they entered into contract to carry
on tho manufacture Of soap and candles the defend
ant Genocchio) to supply the materials and the plain
TN to work them up; after paying all expenses the
defendant was to receive onehAf the profits for his
capital and the plaintiff the other halt fer his labor
The plaintiff alleges that about q month after the
partnership was formed and they had commenced
manufacturing the defendant declined to furnish the
materials ana broke through the agreem emit in
quence OF which the business had to be given up.
Adjourned to to morrow (this) morning.
Before Chief Justice Oakley.
MARcB IL Vim. JeliHghaus " The Nev York Iasu-
Company. this the jury did not agree.
The Minister Elders, &c, Of The Dutch Protesiant Re-
formed Church rs Manning aud Hardenbrrh.-This was
action for the recovery Of SEQ balance Of rent toge
ther with interest for two Noes occupied by the de-
Sendants at the Of Broadway and John street
The suit was defended by Mr. Manning, on the ground
a understanding between the parties when the
oces were leased that zach Lessee WAS to be account
able only for half the rent and that he, Msnnng had
paid bis half On the other side, IL Was contended
that the parties both Jointly and separately liable
for the whole and that there such understand
ing a. that set up by defendant Verdict for plaintiffs
for SEQ 90
Isaac MiLank ef ais. rs .9krandr Dennisfoun 81 ais.
This IL action of assumpst brought BY plaintiffs,
who merchants residing Ia this city, against the
defs ndants who In Liverpool to
damages for the sale Of i've thousand barrels Of four,
alleged TO BE- In violation Of instructions The cause
tried tfoTe and verdict rendered for the plain
tifir. On the trial exceptions were taken by deten-
daut's counsel to the judges charge. The case was
carried to the Court Of Appeals and upon argument
3 trial was ordered
Before Judge landlord
.7ngeI0 SguaTra GenOechio and another In this
GAUGE the jury rendered verdict for Defendants.