New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-02-13

bail might De reduced. Motion denied aud DO.
fslSsnt RENAMED.
Superior Court. .WEDsxsDAy, FEB. 10
Before Judge Mason
Rsbt E. LdURttE rs. Abraham Msserole-To
recover for paintings by Mr.. Whitehouse, already
refered TO- The testimony as to the point wheth-
e. the portrait was likeness or not was contra.
n. tory. The picture had not been returned The
jury found for plaintiff, sll6, being amount OF
claim.
Augustus Hhilock rs Philip Woodhoase-
Defendant sold to plaintiff horse for 500, which
was soon afterwards taken 20 the livery stable OF
Aid. Barr, and subsequently, il was said proved
to be stiff and lame. He was kept for some time
on pasturage at Staten Island. The present suit
is to recover damages on alleged warantee, the
horse being said to be worth but s15. and also
$50 expense incurred in the care Of the horse, &c.
Ii was denied there was any warrantee, or that
the horse was insured To be continued this
forenoon.
James Scy.ymSer vs.. Charles J. SpeRcer.-Plsin-
tiff occupied the lower floor and office OF No. Ill
Wall st. as brokerage and commission estab-
lishment for the sale of goods. Mr. Spencer was
In the employ of Messrs ] X X. Osborn. from
whom Mr.. s. hired, and who kept in the second
story. Ii is charged that Mr. Spencer entered the
store of plaintiff, applied insulting and abusive
language 10 him. when plaintiff asked him TO quit.
which he refused, and struck plaintiff severe
blow on the head. Action 10 brought Tor damages.
amount laid at 81 000 There were several per-
sons present. brother Of plaintiff testified that
he came into the store Just after IL had occurred.
and his brother said that fellow had struck him.
The defendant became extremely violent, and SAID
that ny brother bad paper OF his that he mad 1915
by mistake, and he meant 70 have II. 1 tired TO
appesse his wrath, but he Immediately turned away
from me. | told him that bis conduct was wrong
in another man s counting room. he made me no
reply, but walked up and down the Office IN very
clustering manner. He then turned to Mr. Os-
born, who was there, and said " MIR. Osborn, you
had better go back to the Office take care Oh
this chap; / am going to stay here l am not going
away till / get this paper l proposed 70 my
brother to leave which he did, defendant still act
ing boisterods. -, g.
ON the part of defense it was said MIR. Spencer
was the authorized agent for Messrs. Osborn
that he sent by a lad to plaintiff lease Of the
store for another year, which he kept without
sending back a counterpart-that MIR. Spencer
went for this and plaintiff refused to give IL 10
him and nsulted him, &c.
In reply to this it was said plaintiff wished to
make some little arrangement with Messrs Us
born as to the hoistwheel, and told Mr. spencer
that he would see Mrs. Osborn.
high character was given to MIR. Spencer oy
Messrs. Osborn-as also to plaintiff Neroics tnls
forenoon.
Court of Common Pleas. .. WEDNESDAY feo'l
Special Term-Before Judge Ingraham :,
Predertcai Bauer VS.. LOUIS BGger.-sait Tor al.
vorce. ON ground of inhdelity The parties were
married at Adorg, in Saxony, Germany, twelve
wears ago. and soon afterwards came to this coun.
try andbaye resided together, in New.York and
Williamsburgh, till the Spring of last year, when
defendant returned on visit to Germany, and
came back in September Mrs b. at that tme'
resided in Spring. st. when a dispute occurred be-
tween him and Mrs B. and he left. They have
no family: he has now a shop in the lower part
of Pearl.st and lives with young woman whom.
il was said, he had married but no testimony In
proof of that, was shown before the referee d.
vorce granted from the marriage tie
Peter A. Kelly vs. Mary Ketly-Tbls was also
an action for divorce on account OF intdety. The
parties were married at Newark In Dec. 1892
and resided together till May, l846, when defend
ant, from some cause, deserted her home, came to
| New.York, and subsequently, under the cogno-
men of Anastasia, was found to be Leading aus
solute life Divorce from the marriage tie granted.
| Elizabeth Wender VS.. John Wender.-Motion
for alimony and a counsel and retaining fee, and
to discharge the ne exeat, together with oil the
other points in controversy referred.
Trial Tern-Before Judge Ingraham
Patrick Cuddy and Eliza Cnddy, his wife, vs..
Wells LiringstOn d. Cot is charged that In
May last, as Mrs G. was crossing washington
ST. and had reached to within four feet OF the side
walk of Nesey ST., an express wagon belonging
to defendants, driven by one OF the men IN tner
st. turned short into Washington, the horse
struck and knocked down Mrs. O., treading, APP
parently, on her foot, which was much famed,
and she was under the Of a physician for
aome time and not yet fully recovered Mr.. G is
norter ia the store Of C. & L. Depnison. Tho
nresent suit is to recover damages-amOunt laid
at 81 OOO Ii was denied that the person driving
the wagon was to blame. Verdict this forenoon
Samuel Miller vs. Joseph and John 4. Hopayd.
Plaintiff alleged that he is licensed cartman,
and while engaged in February, 1850, cartng
"a qtpambOQt
north side of Pier No. ., North River, his horse
backed off the pier, owing 10 there being no
string piece at the point and was drowned he
claims against the essees OF the pier sl5O the
value of his horse, $40 damage to cart and har-
ness, $40 cost of getting them raised, and ~ Tor
horse blanket, &c lost
The defense is negligence on the part OF plain
tiff himself also that the SUIT should nave been
brought against the owners oil the pier, Messn-
Whitney and others, from whom Messrs' ii. leas-
ed it. and through whose fault II any, 1t was de-
fectiye. This latter point will probably be again
brought up. The Jury found verdict, saying
thar there was no negligence on the part OF plain
tiff, and giving him damages, $3.50
Cont Of General Sessions. "WEDNESDAY, lAh.
Before tie Recorder and Aid. Franklin and Dooley
Grand Larceny-Mrs. Kane and Thos Katen
were called to trial charged with grand larceny
in stealing 23s lbs OF wool, worth ss3 81, on the
9TH of Oct. last the property OF Royal Chapin:
The evidence failed to sustain the indictment, and
the prisoners were acquitted.
Thai for Burglary Patrick Cannon was
tried on charge OF burglary in the third degree.
and petit larceny in feoniousIy entering the store
of Iobn n. Budke, III Center Market place Inc
ev;5ence showed that the prisoner entered the
store by raising an unfastened window. The
charge Of burglary could not, therefore, be sus.
tanned 1t also appeared that the boy had NOT
stolen any money as Mr.. Budke caught him be,
fore be had time to do so. He was convicted OF
an attemptto commit pettlarceny, andsensenceo
~ the Penitentisry for three months.
ROb6eryi an the First Degree Miles stanton was
mt on his defense, charged with robbery 10 the
6rst degree, in forcibly taking SIS 81 from !onn
Cnrlev NJ a Porter House in Cortlandst, on inc