New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-08
SPECIAL TERN.


W17 LedUenUOrtk VS.. Augustus Hurd.-Mr. l..
brought suit on a guarantee that the stock Of
drugs and medicines in store 81 Cortland st, sold
by Mr. H to Mr.. l., were worth $4,000, the re-
suit having shown that they were worth but
$4,000. He recovered Judgment and issued exc
cution for 81 0OO and Mr.. H. submitted to an ex-
animation, in which it was shown that he had
made an assignment Of his property.
Mr. H. now comes in, through counsel, and asks
to have the proceedings set aside. He AYERS that
he believed in good faith the stock to be worth as
much as represented. Mr.. L. gave him for it notes
for s. OOO aud the balance in land in Virginia and
PenDsy gaDis, estimated, in all, at S22, 900 that
after Mr. L. commenced this suit, (which was the
first be knew of his being dissatisiied he offered
to take back the stock and surrender what he had
obtained for it, but the offer was not accepted,
Mr. L. saying that he had made different arrange
ments; that he (Mr. n. then applied to an attor
ney, lnamed,) who told him he had good defense,
aud be requested the attorney to take the neces-
sary steps TO defend the case, who agreed to un
derteke it, and he supposed would do so, but he
has learned that no defense made, and the
Judgment and execution for $1,000, through ne
elect of bis attorney, taken against him, &c.
The Judge in his decision said the attorney OF
defendant had been duly apprised Of every step -
He relied upon his professional opinion that the
complaint contained no sufficient cause Of action
The time TO answer having expired, he argued at
length the question in the affirmative for judg
ment, which was ordered, but no appeal was
made Execution was issued, and defendant ex
amined, and it was not until a disposition was
manifested to attack the assignment that appi.
cation is made for relief There is 40 pretense
but defendants counsel has in all things acted
with perfect honor and fidelity. No precedent is
cited of an order opening judgment upon the
mere ground that an attorney or counsel erred in
their Judgment of the best mode of conducting the
defense Motion to set aside proceedings denied
Before Judge Daily.
Henrietta Lord vs.. John LOrd-Decree OF d.
vorce affirmed.
Ann Lee vs. Hugh Lee.-Application for divorce
on the ground OF infdelity. The defendants
counsel alleges that motion for alimony and coun
sci fee has been twice denied plaintiff by reason
OF character and that recently her counsel has re-
fused to refer the case or having anything to do
with it, Defendant denies the charge made
against him. Motion is made that the complaint
be dismissed. Motion granted
Court of General SessiOBs.-THURsDAY,F FEB. Q.
Before tie Recorder and Aid. Franklin and Dooley.
Sentenced.-Thomas II Johnson, convicted yes.
terday Of grand larceny, was this morning SEN
fenced to tie State Prison for years and mos.
Convieted Of q Second Ogence.-Charles Hay
den an old thief was this morning tried for steal
ing So from the grocery Of Charles Clawson, cor
ner Of West Broadway and Anthony st. on the
estb Of December last. He was convicted OF
petit larceny Second OHencel and sentenced to
the State Prison for 2 years and mouths
Plea Of Guiy-A female named Mary Hen.
Messy pleaded guilty 10 stealing sos in money
from the house Of John Lynn, lo5 Franklin-st.
The accused worked for complainant, and thus
found an opportunity to commit the larceny She
wts sentenced TO the State Prison for . years.
Grand Larceny-John Williams, a colored
bow. was tried and acquitted Of charge Of feloni-
ously entering the store Of Morgan Co., corner
of Washington and Murray SITS. on the 24th OF
Dec, and stealing therefrom two baskets of Cham.
psigne and a firkin Of butter He was retained
ss witness against one Sullivan, who is charged
with the same otfense
attempted Burglary - Carl Winter and
Charles Schmidt were tried for attempting on the
night Of the 25th OF December last, to break into
the store of Richard Walters No. 81 Division st.
The accused were caught in the act and arrested
on the spot Both were convicted and sentenced
to the State Prison. Schmidt for years and
months and Winter for ? years
Robbery in The First Degree--Wm ID. becK
and Alfred Murray both blacksl were put on trel'
charged with robbery in the FIRST degree, commit
ted on the person of Herman Saul, az house on
the Five Points. on the night of the sed OF Novem-
Der Mr. Paul being sworn, testified that 90 tne
night in questiOa be VISA passing along Ansa'oy'