New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-14
COURT PROCEEDINGS.


COURT PROCEEDINGS.
SUPREME CoURT-Spe Term
Before Judge Mitchell.-Tkomas J. Sfn and Others
against Gilbert W. Ohrv.-Defendant, in 1916, we
believe, was injured on the Enc Railroad as 10
be for a long time sick. In an action agains. the
Company at Newburgh, afterward, he obtained
verdict OF $1,000. Previous TO doing so he had as
signed his interest in the suit TO two o. his creditors,
they giving him for II discharge OF his debts. The
creditors compromised with the company for $1,000
OF $4,000. The present is suit by other creditors
10 break the assignment. The Court, after taking
testimony considered that as the assigned creditors
took the rlsk for large or small verdict the trans
action was Rot invalid. Complaint dismissed
stephen Wroy, LeUls Beach, Moses Tucker Wm. II.
Degroot against CITY Of Nec- York Plaintiffs allege
that the assessments for sewers In Murray ST,
Thirty St, between Bloomingdale Road and
Madison av., between Thirty seventh and Forty
second SITS and In Fulton-st, from East River to
NasSau-all, We believe, IN ls41-were irregular and
lojd v hch is denied. Each Of the parties above
? ed bring writ of certiorsri, to set the assess
utlt aside. II was opposed by II. f Davies, Esq ,
c.i nsel Of the Corporation and on his motion the
VII's.were dismissed.
SUPERIOR CouRT-Before Judge Paine
Noesi tie Marine and FIRE Insurance Co. agt Samuel p
IanStnd, strriror Of BLei Cidpp, decd.-Messrs. c.
6 shipped quantity of stoves and other property,
in November, 1919, III the Eudofa for California,
vi ca vessel cot injured in her machinery, after
ruling out; and was on her return 20 port when she
HCnt ashore at Barneeat. The property was in
suled at the agency OF the Nashville Office in this
CITY for s. SEQ and the loss paid 900 in cash. and
ne return OF quantity Of sarsaparilla, which had
been saved Part OF the amount insured was for
freight, which the vessel was bound 10 return.
note was given by G. < l. to the vessel for nall the
amount the other half paid in cash. II Is contended
natthe Insurance Company entitled to be refunded
about $780, the amount OF freight at least that c.
7 pay to them the note In question For defense, It
was sald the case was settled, with knowledge of
all the facts and non-suit moved for but denied.
Verdict for plaintiff. 81, ISL s..
John Krohs and Catherine has lrfe, agt Le,ciS DaUb
Mrs. X. In ls41 was crossing Nesey-st, II was
stated, in Broadway, when she was struck ana run
over BY the wheel of erOcer's wagon, driven Oy MI
D. Action is brought for damages. amount laid Al
$1,000 On the part of the plaintiff It was said that
She was mucn injured while the defense say the
injury was trlhing
Court OF COMMON PLEAs-Betore Judge
WoopRUFr-Jul1.S Sampson agt Frederick Hlsl.-
Plaintiff sues to recover damages, amount laid at
$4,000 for alleged malicious prosecution IN swearing
out an order OF arrest and causing plaintiff TO De de-
tam ed under IL for three days when the order was
vacated and he discharged. Plaintiff, II was said,
j. German physician, and mad taken passage on
board the ship Garrick for Liverpool, on MS way 70
Germany lie was indebted, stated, to Mr.. II.
SOS 75 for clothing, and the latter made affidavit
that plaintiff about departing from the United
States and had disposed OF the property with view
10 OelrduQ his MS ~ - 'Oh'eAN-' wa
N'''''> Special Term-Before Judge DAILY
Charles Trask aet Isabella Trask.-Divorce, on
The ground of nhdelty. Granted
CIRCUIT Court Before Judge Edwards
William Wallace against Stephen Chhte'ites For
damage from injury to plaintiffs stock az No $50
Bowery from a steam boiler below &c, already re-
felrcd to. erdict for plaintiff, so
l.. s. COMMISSIONERS OPFIcE.-BetOre j.
on eS4ge 81
men behind, at Hong Kong. 1t appeared that the
nt n obtained permission, on Sunday, 70 go ashore,
being informed that the vessel would sail on MONDAY
morning and he must be on board. AT o'clock on
Monday he had not returned, and witness SAID the
men While on shore told the witness he would not go
or ,oaId The complaint was dismissed
NARInp Court. Before Judge Cewles.
-pbjIjp Rreun VS. WiIhom Kas0n.-rne plaintiff is
the ketper OF a boarding house or hotel, ana one
Dean the clerk of the defendant boarded there, ana
hecan e nde bted To the plaintiff In the sum OF sou
The plaintiff proved that the defendant, Ia JnN lS'
cailed on Inc plaintiff and told him that If he would
a. liver ND the trunks aud baggage belonging to Dean,
he wouid pay him $40 month on the inceosei.
ness provided Dean continued with hlm as clerk IL
AND. ared that on the Both day OF August last the
;,ites TO this suit and Dean met, and the palntln
received two notes drawn by Dean without security
for 500 each and also $50 III cash. and thereupon de-
C..
that at this interview the defendant refused TO IN
6orse the notes or become security. Inc plalntlH
hrnes this action to recover OF the defendant on the
above promise of Brown to pay the oeot OF oedh'
Tho defendant contended that this action is Withia
ihe statute of fraud and that promise IN writing IS
Necessary to bind the defendant To which Ihe PAIN
I'M replied that the delivery of tie baggage was
sufficient console for the promise, and the de-
PENDANT moved that the complaint be dismissed Inc
Judpe decided that the verbal promise 10 pay the
debt of third person is not binding, and cannot De
cpforced in law. In regard to the consideration
Growing out OF the delivery to Dean OF MS trunks
ard the paying of the $40, appears tnat the agree
ment Of any was made IN July, and tna' no money
YEAS maid nor were the trunks delivered up until Tue
3mh of August and that then this arrangement was
effected nv the partles themselves IN which the PLAIN
tf TOOK the individual notes OF Dean, and the de,
PENDANT expressly refused to bind himself Ordered
hat comnlant be dismissed with costs. For paIntn,
Mir Burke for defendant, Mr. B:ophy.
CoreT OF GENERAL SESSIONS Nov. IL.
-Refme Judge Beebe, and Aid. Dodge and smith
Con,ction far assault and battery Uh attempt 10 kiH
Thomas Smith and Michal keDney were placed
on tral charged with having on the oth OF Oct last
assaulted Thos NJ s NTH with knife, attempting 70
take his life II appeared m evidence that AT iate
hour ON the night of Oct. :, the complainant, MI
smith. and several Of his friends, were walking up
West BROADWAY when the prisoners and three other
nersons crossed the street and attacked them WIFI
pv, nroyoca,ion In the affray Mr.. Smith and one OF
his companions were stabbed In the face, receiving
several dangerous wounds Inc PRISONERS Vel, 49,
osted on The night OF the assault and the evidence
srains, them was of the most POSITIVE character;
The Jury found them guilty and the Court sentenced
them TO the State Prison kenney for years ana
months. and Smith for 6 years and months Inc
Cour, then adjourned for the day.
CONNECTICUT.