New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-11-17

The motion for confirmation OF referees report
wac prsnted-Ccfend4htt, board AZ such place as
shall he desIgna,ed 10 be aIO@ed by plaintiff SO
per month during SUIT from Is, Sept last. and in
certain time from peHcement Of suit 20 pay 800
tn sad defendant for counsel fees TO defend the slt
and $40 for costs o; reference
Before Judge Mnchel
La Fargo against Ha~idnt Ease already referred
to-Mr. La Fargo claims specific performance Of an
agreement 10 ade In 1919 for the conveyance by Mr..
How and of the South Ferry property and four
stores al Atlantic cock. one OF them called the
"Eleyattr" store. at Br Joklyn. estimated to be
worth, in all. Sl50,0O0-and TO take IN payment for
it four parcels of real estate IN NewHo!k-threc Of
them Oh cas-. aud west slde Seventh av., between
Twenty fth ard Twenty -sixth-s!s Newly Ork con-
taIitg several lots-and one parcel with house
ard FIVE vacant lots-and another parcel, being
number OF lots on Twensy-second-st.. near Lexing-
toH-av.
There is mortgage on South Ferry property
(Which is said to be worth Sl200OO) OF $57,O00and
mortgage on the four stores at Atlantic Dock (sild
10 be worth $40, O00) of $33 600 There are also
large mortgages on the Newton property.
The fghlment of the contract is reslsted'on the
ground that 1t was entered into at time when de-
fendant was under pressing necessities, and ne was
induced TO enter into an engagement from an expec'
taton that he should receive about SIC, o0Oln money
that it turned out the property m New York was not
what it was expected TO be- but OF much less value
and II is also contended for defense that MI L. at
tempted to interrupt him in the fulhlment OF the
contract by buy ing up, through his brother n-laW
certain mortgages which 1t was expected Mr. L.
would pay, and the brother-in.law foreclcsng them
Defendant says he was induced to take convey
Of the Atlantic Dock property from Daniel MIS-
ssm of Queens County, so as to add it to the South
Ferry property and convey BOTH with view to OBJ
tanning funds. He says it would be unconscionaele
to make him carry out the contract, and he should
lose $50 600 He claims that in consequence OF the
Interruptions &c aforesaid, the Court should re-
sciDd the contract and pay 10 him his damages and
costs. The interruption is denied Decision re-
served.
SUPERIOR COURT-Before Judge Paine.
John krohs and Catherine, his wve, against Le,eis
DGut To recover damages for injury on Mrs. h,
being over in 1877, already referred to- Verdict
for plaintiff, $2OO.
CIRCUIT COURT-Before Judge Edwards.
Hiram c. Bennett against Fred'k c. HaiL-TO recov-
the ground Of false recommended sns, $163 H.
amount Of goods sold to Benz p. Frink, OF New
Haven, on the recommendation OF Mr. Hall, who also
belongs to New-Haven, that Mr.. Frink was respon.
sble. II is alleged that Mr. ii. previously had SOLD
out to F. who had been his clerk taking his note FOR
most of the purchase money, and that before the
notes became due which had been gwen to plaintiff
fos the goods bought OF him, Mr. H. bought the stock
back again, at discount from MIR. F. IL was denied
that Mr.. H. made false recommendation, &c. Yer
dict this forenoon.
CoURT OF OYER AND TERMINER.
Of Lopez, indicted for the Murder Of Mr. Fostv.-A
principal cause OF the adjournment on Friday even.
ing was the necessity of Mr.. Smith, counsel of pfis
Oner leaving the city for Fort Hamilton where his
family is his lady being veryill Saturday forenoon it
announced that her indsposltion still continued,
and he was unable to attend The Court appointed
Messrs. Romeyn and A. A. Phillips, associate cOun-
sci to Mr.. s., to proceed without him to-day,
TO which time the case was further adjourned, should
he not be able TO attend.
A gentleman named Harris, is attending the trial,
said to be on behalf of the Spanish Consul, who is
taking an interest in the proceedings we have heard,
and has probably employed Mr.. Smith, Lopez being
a native of Spain.
Mr. Harris was requested to ask Lopez if he would
consent that the jury separate till Monday Zone OF
the Jurors was stated to be ndlsposed, which was
ground of adjournment till MOnday,) the neces-
sary assent was given, and the Court, after the
JuCge had admonished the Jury not to permit any
one to converse with them, nor TO read any news
papers containing an account Of the proceedings,
adjOumedtO Monday.
CoURT OF COMMON PLEAs.-Before Judge
Woodruf.-.Jul,us Sampson against Frederick Hoet-
To recover damages for alleged malicious prosecu-
ton, already referred to- Verdict for defendant.
Court OF COMMON PLEAs.-Special
Ttrn-Before Judge DALY.-LorenSo De Angels agt
Susan De Angelis-In suit for divorce. Mr. De A. was
diected to pay SIS for counsel fee and $40 for cost
of motion, which has not been done. An attach
mept accordingly was asked for. Granted.
The People agt. John and Patrick Lerins.-On re-
coenizance, SAID to have been forfeited, Judgment
was obtar ed for $500 Motion is made to vacate the
Judgment, on the ground that the complaint agamss
the party was dismissed Motion granted
CoURT OF GENERAL SEssIONs.-NOv. ii,
1851 Before Judge Beebe and Aid. Dodge and
Smith -Tfiai for BWrgiGyy.-Wilam Carroll was
PLACED at the bar TO answer an indictment for bur.
alary in the first degree, in having, on the night OF
tie 2lst of September last, broken into the room OF
Col Alvah Mann, at the Carlton House, and stealing
there'rom about 10 dollars. The prisoner was caught
in the room with the stolen money in his possession
The Jury found him guilty OF burglary In the second
decree and he was remanded to prison to await the
re suit of the trial of Henry Martin, implicated with
him. -
Grand Larcsnu-VeTnard Schmidt was tried and
rvicted Of grand larceny, in stealing, on the 2lst
OF October last $l75 in bank bills the property OF
his Smployer, James Bradman, grocer, dong busl-
ness al No. 81 Madison. ST. He was sentenced TO
the State Prison for two years.
Mary Nc Dermou was tried and convicted OF sun,
liar ofense in stealing, on the 18th OF October $36 W
in gold ard silver coin, the property OF James Hell,
fereau of No 80 Mulberry.st. She was sentenced
TO the State Prison for two years.
Se.Iv Brennan, 4 white woman, was tined Tor
grand larceny in stealing, on the 5h OF September
last 5 spoons, knives and forks, dresses and 2
shawls valued at $64 so. from the house OF John H.
Coon a colored man, with whom she lived IN the
capacity of servant. The goods stolen did not, IN
the OPINION OF the Jury amount TO more tnan 40 IN
yalue-they therefore convicted the prisoner OF
peiit LARCENY only, and she was sentenced to the
PenitentiaIy for months