The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-20
Superior Court.


MARCH 18.-G Merle ct ais Charles r. Roberts et
al This is action to 500, the storage OF
in Water street in the early part OF 1850 ON
the 14h Of October In that year fourteen cssks re-
manned in the store undevered. On that day an order
was sent deliver the fourteen casks to the defend
ants cartman The plaintiffs directed their porter to
raise them from the cellar in which they stored
and to place them in such position as that the de-
accordingly lifted up, and placed In an sleyway
gusger subseq sent; he gusged them and 1t
The sound Casks taken away, and the unsound
left. cooper sent for and while he was at
work Ct one Of them himself person who had
sary to EXIT III In doing So the cask was broken and
the molasses spilled The defendant now insists to
set of the value Of this cask against the demand for
storage On the other side, the plaintiffs insist there
was delivery to the defendants, and that they are
not accountable. Adjourned.
Before Judge Paine.
MARCH 19.-Me,rel ct. al. Us. Roberts st ai.-rhis
cause was brought a conclusion this evening. On
the part of the defendants, 1t was commended
that the lifting of the Casks from the cellar
to q gang or passage way not legal delivery
that they should be placed on the sidewalk
cart but even there was leg delivery as to ali sx-
cept the cask that destroyed yet that was still
under repair in the possession of the plaintifs that
tifs and their warehoussman left the store, and
during their absence 1t was broken while In
II: 'ss 81 Sss paO
nrst point it was replied, that the casks were
delivered according to the usage OF Il.intis e.tao
way and place that Gil other goods stored
with them were delivered TO the other point they
replied that the cssk in question under repair BY
the defendants own cooper, who should be considered
as their agent that 1t put In the same place IS
the other casks and II there Was good delivery Of
one there was good delivery of the other The judge
charged the jury in favor Of the two proportions laid
down By the plaintiffs counsel. provided they be-
verdict in favor Of plaintiffs for $62 TO-
George b. Mcrecood and others rs Leris r. BatteLe
and others.-rhs Is an action brought BY plaintiffs
against defendsnte acontrsct for the sale OF S032
gallons Of nseed OIL 1t appeared that In he begin
ming Of March. 1877 the defendants, through Mr..
ehase the oil in question A sale was accordingly
made, at TIE gsllsn and note Of 1t made and de l.
veed the time of the SALE the Oil had not arrived
In this city; but the of sale stated that 1t
on bo.id the ship or brig. Sarah. i further sp
vessel had rallied twelve weeks before, but that
she had met with accident, and had to put into
Sa to IN S
In the inca nime the price OF OIL In this market
reduced to 20 cents gallon but previous
TO the arrival the vessel began to rise Upon the
arrival Of the oil the plaintiffs notified the defendants
and offered to deliver II, which was refused They
then caused to be sold 1t sold at cents gallon
the difference the plaintiffs bring the present lscton
The csss tried before when verdict was rendered
for the plaintiffs. Exceptions were taken to the
Judges charge and the verdict set aside, and =
new trial granted. principally on the ground that
there w8f variance between the contract ana the
counterpsrt-oBe stating that 1t nseed oil, and
tn. other that 1t was English lnseed oil. Adjourned
Before Chief Justice Oakley.
/ Stephen Wrog rs The Mayor, aldermen, Sc.-rhis is
an acticp TO recover compensation for damages to
the plaintiffs property, In Warren and West streets,
caused by the building OF sewer from Broadway to
the Moth river IL appears that the plsintn lie
Of four tenemeuts two In Murray street and two In
West street occupied grocery and liquor stores In
le4I an ordinance was passed by the Common Council
for constructing fewer from Broadway, through
Murray street, 10 the North river. The plaintiff al
leges that the sewer was sunk several feet below
the point At which the water rises at ordinary
high tides, and he sse alleges that the sinking
and ditehiDg was 90 negligeutly done, that the
water fowe through them in several places into his
cellsre, by which they often filled several feet
above the bottom with water thereby greatly ipjuring
thsm II not altogether rendering them unfit for
aud that the water which flows from said Is i'm
prsgnated with all the filth and Off OF the houses In
and Wholesome sfiuvis from said water, not only
the raid cellars but the lofts above them are II not
altogether rendered uninhabtable, greatly deterio-
rated In value, and esi to have sustained damage
to the amount Of SIS, 0o0. Adjourned.
TVS FRrE SoiLrRs or yERaorr AND CHARLES Sow.
~tn The Boeton Commonwealth 81 the 10th instant,
says The free democracy OF Vermont held grand
which the unconstitutionsty OF the Fugitive Slave
law and the right Of slaves to ruA away from their
MASTER and be protected Ia the tree States fully
snerted On the second day of the m Getting the fol
loving resolution, presented by Judge Hutchinson
adopted -
Received That the formation OF the Union party at
Washington professedly to support the late compro.
ni,e system, including the Fugitive Slave Law, Is q
declaration Of upon the liberties Of the Northern
States that u II the duty Of the fre.men Of these
Dg their political action In favor Of liberty with the
full assurance that the national oontes to and