The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-02-24

Superior Court.
Before Judge Mason.
Frs. H.-EeUard Stone u.s. Peter Duff and John
Brown.-This wss action TO recover damages for
pisintin. Mr.. Henry A. Mott Conducted the case
ior the plaintiff. and kr Russell for the dsfsndants
Tss y. :ns
the defendant. Bro.n oS MSt, driver II .gps.s:d
the proprietor Of the Irving House 70 establish line
Of stsgss from the docks to that establishmsnt To
that he and his drivers SHOULD badges with the
words Irving House." which Was intended to guide
Sy ..ss o and hack drivers Tls
considered BY the defendants to be an snorosoh-
msnt on then rights and s1.s In1
Of device annoy and thwsrt the plaintiff In his busi
and their last device was 20 adopt similar badges
which compelled plaintiff to go into court et
shsavy expense, to obtain injunction to restrain
them from using wearing them. The oircu instance,
cured on the 80 Of March last sppssrsd that
early on the morning Of that day, the parties with
for the arrVs Of one Of boat. The Il
showed heavily; and just as the boat was coming up
.,uos hm nS ~nG s. SoGo %Ss n s
there . bard substance thereby knocking his hat
into the boat. The hat was taken up by one Of the
hands on boards general rush then made towards
and the best and preventing him Rom rsosios his
Duty amongst the rest sot sesSssn the pi.insin ana
the boat asked deck hand to give him the hat aud
the hat fell Into the water; amer which It was show:
that both Duffy and Brown threw several Jumps OF
nhs - .naha nat N ensrs
proved by two witnesses, named Lacy and Bennett.
The defence set up by the defendants that there
genere snowbaling match between all the hack
men, and that IL defendant Duffy did strike the plsin
tiG with snow ball It was b. accident and there was
mined for the defence, but they only svore they did
not know who II vas that threw the SNOWFALL which
the hat off, and that il sunk in the ds.2 and
lost while the plaint witnessesswo positively
that 4 y .Dusy who threw 10 His honor the Judge
they believed the SNOWFALL was msliciously thrown ct
the plaintiff he was entitled to verdict, and they
would give him such damages as they thought ths CAS-
justised The jury rendered verdict for plainsin
English Laws and .american Jurors. - In the case
of jas. Hutohison VS. q W & Q: Comstock re-
ported yesterday action for the value OF horse,
the jury having been In consultation for considerable
the court questions wore put to his Honor Is to
whether splint' could be considered unsoundnsss.
the jurors stood IL to the dssentent being Eng
lishman (or Cansdian). who asked the judge fer an
jurors, . Hibernian by birth. emphatcaly declared
that he did not care what the laws Of England we're
English law. in this country" loud laughter, The
jury again retired but not being abls to agree
discharged. The trial term for the month wss then
adjourned.
Before Hon. Judge Duer.
In the case OF Decker VS. Mathews and Gardiner, re-
favor Of the defendant, Gardiner, but for the full
amount sought, $G,3es 40, as against Mathew
vas to an o "a sss
sons found against the defendants for false pretenoes
in which Mr.. B. Cutting appeared for the parties
accused and argued against the validity of the indiot
ment Mr. Barrett appeared in support Of the indiot
m.nt 1t appeared that the defendants were charged
James II. Hoiensn. by fraudsntly representing to
Holsmsn that valuable quantityc Of straw goods, al
Of and II afterwards turned that the straw goods
In the Language Of of the witnesses In civil
suit, not worth 30 much ~ There vas
tanned against the defendants for ss65s. Decision
reserved.
GENERAL TERM.
Before Chief Justice Oakley and Hon. Judge Paine
FgB. 81 Judge SANFORD being III and uusbls to at
tend the argument in the case ofBsglsy Smith was
Defaults taken In the cases OF John Morris vs.
James Campbell, and James Thompson vs.. A. Liv-
.ado,phus F. oekvhausen ads George Coiyer Motion
to set aside report OF referee denied with costs.
Adjourned to ii O'Clock Saturday.
Frs. 22-.qugustus X. Gardiner, P,spr vs. TIE Board
q Health Of the city Of Neg York, nppiants Order Of
Court below modified Clerk directed to strike Of
roll certain clauses and Ale same anew No costs to
ithsr party.
Before Hon. Justice Campbell.
Frn. H.-Geerge Psyte, against Charles T.. Young,
and al - judgment for the plaintiff for the smosnt
Simon Wiicor, against s TOwnsend.-Demurrer
nowsd with liberty to plaintiff to amend the usual
I'm. j. Lippineon and al against .4Jred .fshfeH-
Demurrer overIuled with liberty TO defendant to an
swer in ten days, on pay ment OF costs
.7ugutte II. Bahe and ais. against Marcus r. c. Kim
ball ard aIs.-Mstion for new trial denied.
fun Jennings against Mary Am Jenn,rgs-Judg-
nent for the plaintiff the demurrer with leave to
defendant to appeal without security.
Darid Jones' Ggainst George Te.6en. Motion for At
tachnent sgainst the Sheriff Of the city and county
Of New York Granted
Margaret Brsea against John w'odh,ad ard d
giles Erq to take proof OF the matters In controversy
Berjamin r. Mouifsn and al against Isaac T. Snih.
Motion to set aside referees report granted unless
the defendant consents within i've days that JUG
be enteredfor the plaintiffs for the Of $50 %
nj nj AZ from Anil Ath,