New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-07
Superior Court - fRiDlY. junae =
Before Judge Paine

Before Judge Paine
Samuel " Moss against A6r1A0rf y.
Por'ss-To recover damages, amount Land at $SoDo,
for injury sustained IN being oy horse and
earl belonging 10 Mr.. Prrlee. Mr. Moss who Is
somewhat aged man was crossing Waikct-St. az
Mott. on $50 August last. lie was knocked down
the horse running - the tmel one Of ms eyes
much injured TO ~ HIM the loss Of tS sight,
and one OF the wheels run over hrs stomach causing
20 HIM injury. IL was Sn8 the man driving the hOfSe
was the worse for liquor as the time.
Mr.. Peree a, the time keys wood yard, and u
was commended. IN defense. tAat the man driving the
cart was not IN his employ nent, having hired the
horse and cart of him for ~ purpose OF carrying
wood about for sale.
The questions for the Jury were whether the MAJ
diving IN the employ Of MI T. or n0t-li ne
was, and there was no fault ON the part OF plamnh ne
IS entitled 10 damages. The Jury were OUT several
hours without being able 10 agree-eleven were IN
favor Of verdict understand Of 5000 10 81 400 for
plaintiff but the other, rs he stated himself on the
Jury beng brought INTO Court considering that PLAIN
uf much 10 blame aS the driver.
DANIEL COtRedi agt. Seymour L. Trout
psaa--m Dec. lS4s, Mr. &. entered into an agree
ment with Geo. w Trou,man now of GraSdst..
MlamSburghl and nineteen others, that the twenty
should form company for the purpose OF going out
To the gold dlggungs IN California, each paying him
$l0O, and giving hm each bond for $500 for faith
ul performance and he 10 transport them providing
good passage and provisions, Sc. 20 san Francisco
furnish them with all necessary materials for the
work and supply them with necessary provisions for
twelve months after they got to California they in
procured.
In view ofthis agreement MIR C. purchased the
bark Rolla ut cost OF $sOo0-the cost to him OF the
outfit for necessary implements portable house, &c,
between $4,000 and $1,000 and for provisions. &C.
for the years supply after arrival there, $2,soO.
The present SUIT Is note at ~ months, gwen TO
NJ. &, by Seymour C.. brother of Geo w Tor 500
The defense Is that Seymour gave bond for, his
brother pursuant to the above arrangement, and the
note IN SUIT was subsequently given by HIM To Mr.
Cothea IN payment Of the bond, Mr., L. having re-
hsu q .h lNaaN tai n
the ground OF Geo. W. not having performed tho
contract. but which he subsequently understood not
t0 have been the case. II appeared that George w.
and another went pioneer, cross lots asst Is called
that IS overland, with a view To make arrange
mentS at the gold dlgglngS for the company lie
arrived about fortnight before the Rolla, IN July,
and proceeded 10 the Interior but could not ind the
company subsequently, tIll after the elapSe of some
tuue when had broken up, the enterprise not nav
NIX been successful, and ther getting but hlle god
II Is conlended that II so broke up at the suggeson
of Mr. Cs agent, IN about two months, and that It's
doing SO was Tor the benefit OF Mr. G.. as ms contnu-
ing To furnish them must have been attended with
loss MIR 4. has entered suits on some OF the other
hondSl The question for the Jury was whether MI
Geo w had broken his agreement ar not. The Jury
thought he had not, and found for defendant
Before Judge Mason.
.SHas H. JeSSup against John CdivIn
S1l,h-Dr Greenley residing at the corner OF Grand
and Mulberry SITS being out Of health sold his prac-
tee 10 DIR Brown who gave HIM therefor the note OF
Mr. smith for 1920. endorsed by himself The pre-
81 mt suit Is on the note
In defense It Is sand that DR. Greeney died before
he had been enabled To go round with DR. brown,
and Introduce latter to his patients, and that IN con-
sequence consideration Vas received lot the h9.e
also that the gentleman acting tor the estate OF DR.
q was notified of the facts but he passed the note
afterwards TO MIR. JeSsup, who Is broker ina. u
was So passed, not for loan OF money OF saiue put
To have It in the hands Of third party, to cut on
deense-and that Mr.. JeSSup merely gave ms que
bill for H. which was retained by the party land that
sufficient occurred by which Mr. j should have lnsu-
tuted inquiry.
The Court in It's charge said, no matter what was
the motive OF the persons passing the note provided
Mr. JeSSup became bona hde business holder with
out the circumstances facts of the case having been
communicated To HIM he Is entitled to recover. Ga
the other hand. ifthe Jury think It was not bona
fde Transaction and no value received, the suit can
not be- sustained. Verdict for defendant.
Court of General Sessions. FRIDAY, June o
Before the Recorder and Aid lIaws and Miller
Tr1ai # Edcm Henry for Forgery, m
me- third d,sres This trial, which was commenced
Yesterday, was continued to-day several new wit
nesses were examined the part of the prosecution,
but no new facts IN the caSe.Nere elected. The de-
Tense was opened BY James r Whiting, Esq, AMI wit
sses ere introduced two OF whom swore that they
say, note IN the hands OF Mr. Henry before It was
signed The note, Of which tins indictment Is based,
being shown 10 these Witnesses they swore that they
had no doubt this was the same note. Inc note
which they saw was for a large amount, over sl,co
Some witnesses we're introduced To prove good
character for the defendant The Court TOOK re-
cess az haifpast O'Clock, intending to complete the
case tins afternoon but OF the jurors having been
taken sick, the summing up was deferred VII MONDAY