New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-10-14
NETWORK TRIBUNE.
LAW COUR rs.

nteotaoit note passed IN pdS iIent oi preexisttng
debt bona Rds and without notice j. not subject, 9
by the laws of this State 10 tue equies between the
original holders, though u ne ga accommodation
note II passed on tn assurance business paper.
and not accommodation. II does not amount 10 a
payment Of the original te'' nor does 1t II 1t
stated BY the asSIgnor that The par, the note
were in high stand ing. when ne was doubtful as TO
the matter the parties beng ont OF the State,
known 70 the creditor The creditor on returning
the note after II is dlslOp0-ct or naerng II ~ the
asSignor IN Court on iriAi. nav maintain an action
the original debt. Decree ot sSl5 30 and inter-
est
James Deroe ag;. the siocp Fashlon-The chsrterer
OF a ship for voyage. On time, and agreeing 10
yctual and man her. and has entire control Of her,
renders hun owner fog the time and the real owner
Is not responsible for the contracts of the master II
the creditor had notice Of the hter Ssop or cra
navigating the waters OF thls state. or rs vicinity,
taken by the master 70 vlctuai and man, ana d.
VIDE her earnings with The owner, II the arrangement
known to the seamsn or hands, the vessel l. ex-
ompt from liability TO them Tor wages. Lloel dhs-
missed with costs.
Hm. N Merritt 8 Co agalnStJ Y W. Brsmer The
owner of a vessel residing IN Maine, paid 20 a mer-
chant IN this City oil for storts, supplied the YES
81, here BY order 81 the master. The master suisse
Qucnty ordered from the same party other stores ON
Average for Manila. II IS 81 the creator also
furnished some cash 10 the master, and alleges 10
have shipped goods on bOard of her The master
cled - Manila, and II vas shown by the admls-
SionS OF !he master who succeeded him that part
OF these latter goods were appropriated for the ne
cesslties OF the vessel Held that by paying the for
ner clll the Nner gave auknority 10 the master
TO procure other supplies, II adapted for the voyage
and delivered, and Was ChtrCable Tor them. The
evidence is incompetent 10 charge the owner Tor the
part OF cargo SAID 10 have been used the remedy -
on the bill Of ladlng The owner Is not responsible
foe cash advanced To the master unless for the ne
ccSStes of the ship 10 be proved 10y The creditor a.
also the advance for insurance. Reference or
dorCG
Abraham Cddabs & 90. agt ReRS0a ReH,an A
master obtained supplies credit for the vessel
He was aferwlrG discharged from istebt under the
two-thrd act of this state bu, he did not pat thi,
debt his schedule nor l. II shown hesgave notice
To the creditor The Court considers that there beng
no evderce OF fraud. the omission does no, affect
the discharge. which Is binding IN the United states
Court as between citizens Of hs state, AMI the de0t
berg contracted IN this Safe. lIoel dismissed,
with costs
james Phalon agt. The srsr alrarGio The master
signed bill of fading 10 return 20 Kegs OF brandy,
which did not meet with market at Chagres. After
starting on her return from e. the brandy being on
board, she was struck by lightning, and had u put
back for repairs. The Captain mate and three sea
men were sent TO Newly ORR sick An agent or ship
keeper was put on board. and there being no means
to repair her 40 ChagTcS she lay there hye months,
and finally Was repaired ~ her owners sending oat,
and brought 70 New-l ork when the cOnSlgnee de-
manded the brandy, but 1t was gone The defense
is that the brandy was lost by leakage. &c. The
Court considers that the owners of The vessel should
have had the brandy reShnped by steamer or other
vessel. the voyage beng IN tact broken up AMI that
the sickness ofthe master aad mate does not exonc-
rate the liability Of the o~rer on the bill of lsding-
the value of the brandy 10 taken at thagres al the
time of Shipment, but the owner may snow loss Oy
leakage &c. before bill OF laiing Unassigned Refer
ence as to amount. -
samuel Acker agt The steamboat Ra,nbow.-The
sloop Transport was anchored In the night near the
mouth of Newark Bay, and about $50 yards from she
Staten Island shore The RAINBOW, rom Nmooy,
was proceeding ~ SIX knots. g. New-fork, with
several baIges IN tow with food tide and came In
collision with the T., causing considerable injury To
her There was haze or FOG on the water, ana the
pilot OF the steamboat CID not see the soop hi
within 100 feet Of her, when he stopped anu Oached.
The Court considers that the steamboat was guilty
of three faults IN her navigation LIST. In keeping up
so great a speed In that narrow passage. "a by at
tempting 70 20 IA shore OF the SlOop thcre pehg
safer passage outside. 81. Espe laily IN running
without a lookout stationed or the deck and forward
part OF the boat. Decree that the steamer De con.
demned IN the damage sustained by the sloop. Ref-
ereIce to ascertain amount.
SUPERIOR COURT before Judge Sand
fOul.-Pafrick Crttdon against Patrick D'ckie-Mr Z.
hired of the Broadway Insurance Co, the basement
northeast corner OF broadway and canaEst, Oh
which premises Dr. Dlckle Is owner. Mr.. &. alleges
that on the 10th Feb, 1850 the water, through the
lnsuffciency of leaders and sewers, overlooked the
floor of the efectory nine inches, causing 70 MN
great damage III the loss of provisions, custom Tor the
time beng, &c, and sues 10 recover 500 IL Is
denied that the owner is liable. The case rs on
Before Judge Campbell
Forrest against Forresf.-Thls cause was on the
Calendar today but as Mrs L. obtained PEE mission,
some time since, to be allowed special, or struck
jury It did not come in.
So,b,a Tsb,r against AItred Flock-Mr +. hired
front shop al No GIG Broadway, nut gave II up on
% Oct. The present Is an action for Sll2 81, the
quarters rent 10 Nov. l. The defense Is that Mr. +:
was compelled to move in consequence OF the iooi
leaking so badly 10 make the place untenantaole-
also that improper persons we're permitted ny Mrs.
4. TO occupy the back premises which IS dehled
that Mr. F. rendered - Mrs L. the rent to the time,
and also the Eey, &c. The case is on
SUPREME CoURr.-Genera raj Term.-Case
- lnstk.
Jordan and DustanJ a. also The District Attorney
opposed were IN count awaiting an opportunity for
moving IN this case but at the tine oi our gong 10
press II had not come on. carnal Vas present.
CouRr OF COMMON PLEAs.-BeioreJ Judge
Ingraham -Cuiamme ami Lndooic chncsi against
GO Barciay.-The plaintiffs are merchants OF Har-
seles. The suit IS, IN fact, against Barclay Law
ngston, but the latter beng consul Tor the Ageh-
tine Republic, and also tonsul-henefdl f0r the
Hawai- Islands + not subject N cyl suits, 10 the
jurisdiction OF the state Courts plaintiffs say they
CONSIGNED in 1911, to John Mitchell a quantity oil
otto of roses and also lO3 bags gum senegai-thh
Mr. NJ was not IN the CITY, and thai Mr.. John l.. Le-
berthen claiming TO act as the agent Of Mr. W.,
pledged The property 10 Barclay Livingston ior an
antecefeHt debt and balance-lhai Nj VI suosequem
liz stopped payment and plaintiffs were NOT PAID Tor
SAID goods They claim that M. l.. had no rlsnt 70
pledge them, and the suit is 10 recover a0out 3oo0o
The defense is, that B q l.. received me g0ods In
the regular course Of trade a. rom Mr.. W. 10 whom
they were credited. and that M NJ stll Owed them
A elance Of some 5000 The case Is on.
Before Judge DAILY.
Ioop,T & Van ZGndt against Hm. Letirgy Hm
cousins ant Horatt0 ". Parker p antifs claim 70
have ow ned, by assignment from John FishDlau Tor
value the liquor stock, materials and fixtures OF No.
235 Bow ery-a.l Of which, II IS alleged we're wrong
fully taken away and sold BY officer Parker, on an
exc Ut on for 500 obtained by l.. e. m the Marine
Court against Mr. f., said levy and sale having been
al the instance OF l.. Z. In defense II Is contended
that + owned the property. The case Is on.
MARINE C0uRT- Oct. ll.-Before judy
Cowles-Patrlck McAnaiiy sgst. Mary Goodytn and
Otren GooGUus.-Mr. McA. sues 70 recover tor the
alleged unlawful taking and OBTAINING OF a horse,
cart ana harness.
In defense, II was shown that Mr.. McA. had mar
ned d niece Of Mrs GOODWIN that ne being poor,
Mrs g.. furnished hlIn, " h view 70 his OBTAINING
a livelihood, with horse, cart AMI harness, having
he mimi u Them. hnt