New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-27

L. ). CIRCUIT COURT.-Befere Judge
Belts j. and n. Be1dsify against Ls,cs Tagpan
By merchants at Norwalk, Ohio, torecover damages.
amount laid at $40 600, for alleged libel sad 10 be
contained IN The Mercantile Agency Register OF Mr..
T. IN July and August, 1915, stating that the firm
has been sued, that ] wife Is about To apply tos
divorce and alimony, ard he IS putting MS property
out OF his hands, &c. Also. that the hrm has tho
ability to Go prosperous business so long AS they
are honest, &c.already referred 10. Plaintiffs say.
IN consequence of those statements IN the registry,
merchants (of whom were Yale & Hatch, Grant a
Barton. and w L. & J. {. Hail. who had pro-
vously been IN the habit OF giving them credit afles-
wards refused 10 do 80.
In defense It was denied that Mr. 4 made the pub.
cations referred to- but that plaintiffs procured
them TO be made for the purpose OF bringing sut that
previous TO lsis, the deen1ant established In TINS
City mercantile agency, the object OF which was
TO procure information for merchants IN the saio
City who should employ hun for the purpose, 10 Do
communicated IN strictly confidential MANNER ioi
their own use solely, respecting merchants IN ue
country. who made their purchases IN the 'uy on
New.Nork-tbeir means, capital ana charactef-tne
length of their residence III then iocaIions-tneu
general mote of business as to cash or cTedh-theu
character as business menthe extent Of their Dusi-
uess-the opinion Of correspondents, based upon
these and other considerations AS To their response
bty and ability 10 pay for purchases made ny then.
The defendant obtained information from respect
able and reliable persons IN the vicinity OF sald PLAN
TITS residence AS to their standing, &c, which ho
believed to be true, and lie has reason To ocnevs'
from information that II was true "A plea OF justin
cation tins point is put IN that II was entered On
the private record book of SAID defendant and that
the way OF his aforesaid business he was applied TO
and inquired of by merchants an the CITY OF New
York who were about TO trade with plaintiffs, as TO
their ability &C and that IN strict conhiencea com
Inunication was read or stated verbally TO them
II is also said that the rule OF the agency is not to
give information to any but ubscribers, or conhden-
tal clerks sent by them for the purpose, anu thal thet
are not permitted To see the record themselves, but
their inquiries answered by reading to thcn OF YER
bay, as above
I'm The present cast Il was said gentleman named
Moore sent 1t was alleged, by subsculeD went 10
the agency and inquired as to plaintiffs, aud took
down what was told hin on paper IL Is the state
neBts taken down on which the SUIT, II was SAID.
Tor libel, is brought Defense says, consequently that
II there was any publication Il was IN this way BY
plaintiffs themselyestnat the suit for libel cannot
be maintained, as Mr. 4. never gave out to any per
son whatever, any written or printed statement, aud
that the SUIT II It can be sustained AT all, can only
be far alleged SANDER for words spoken, and aot
fer LIBEL.
mony. or written statement, objected 10 on THIS
account Counsel 'oI plaintiffs contended II lsahDe
It an individual commits the matter 70 paper, az
though he may keep It hmself-whlle an opposite
doctrine, and also that publications AT any Two dt-
feren times cannot be embodied for libel in single
complaint, was held by defense. Decision on the
point on frCay
SUPERIOR CouRr-B Before Judge Paine
Htrman Hstfemisr sgainst Benz AJTo TO test tho
Tght of defendant closing the alley way IN Eliiidge-
81, rear OF corner OF DIVISION. Also, = recover
damage for alleged nuisance from stable, &c already
rcier1ed to- The jury considered tina. the alley way
should be kept open, and gave verdict for plantni
assessing his damages Ton account oil defendant
closing ~ al $3.50, and for alleged nuisance soO
Lsqac Noses afnr d.. against Sun Mutual fnsu'
rance Co-Plainuf shipped quantity Of provisions
or. board the ship Mason, Of Philadelphia for san
francisco, worth $1,000 and insured them aytinss
,be usual nerils OF the sea at the sun Office The
VOYAGE was a long one and the passengers, IL Is
ayerred, took quantity Of the provisions TO the
amount Of nearly $500, which the cargo 'eli sa4t.
The insurance NIX and action Is brought to recover
the amount After the hearing Of testimony, monop
va made % dismiss the complaint me couIs heIu
moi liable and the recovery, II any, mus. be against
he ouners OF the ship. Complaint dismissed