New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-12

~ su PIEAs-Par d dN Sei sos sOs 3O 500
eso sss 1884, 2s5, ss., zs'' '''' wv
~ Insane as yesterday.
srprR1oR CoURT.-Before Judge OaKiey.
Im<-maa agt VIM H. knsepfuI CO
recover back cheek ior s's ~ yn Il is alleged
Tsssrs X. Co. w.ongfully detain. aid M
defense IL IL alleged that the check was pau ~
K & Co in due course OF trade Tor gooos 11 vas re-
m its being presented at the Bank pay ment wa re-
Snsed. ana action since brought IN the oon i.'g
peas 10 recover the amount due, and tha' piai"'i
csnno. MAINTAIN the SUIT ,ha Con,non
NJ A in reply states that the suit In the common
pleas has been satisfied, the money beng pal1, ou'
that The check is still detained lie claims us re-
turn or the value. 90 ,hs s,ore ~
ue.s,s X A. Co with the check, and directions 10
yet receipt 10 certain tlme out the receips was
moi sven comfortably to the request, ana the TAU
ed 10 have the receipt taken back and the cheek
returned 10 him. but the request was not acceded To-
Payment of the check was stopped at the Bank 10
" Before udge Campbell.
John S. Never agt John La Farge.-TO recover
81 400, alleged TO be cue on con'rac. 10 40
the carpenters work, sashes, &C, OF I'VE ssoiy
store north side of Reade st, adjoining Broadway,
and similar building In the rear, eacn 70 UNITE
with the Broadway buildings. The contract plice
was t4,600s
been finished by middle Of Oct $780, but we're not So
and that In the event Of their not being hhshed AT
that time M n. agreed 20 pay $4,000 as ilquldateo
damages. Mr.. La +. gays ne has pald $3,4vv, anu
there is balance considering himself entitled to the
o. 600 due him. ~ -,
Mr. Never denies his liability for the $4,000. lie
svys the buildings were completes oY -, ~, te s
Gifted BY being able 10 get to work as soon as ne
had been promised, The tenants III the ola oliilfngs
reftriug lot beng able 10 get other place - leave
Till LIST May partlcus to the La Fargo building
with which they were TO uuite and also mat the
work was impeded by alterations, and 10 the mason
not being able proceed sufficiently fast 10 enable
Mr. M 10 complete at the time. The case Is on.
Before Judge Oakley.
yossph Voght agt. Peter Schqfsr AID pYe-Acnon
for slander. growing out OF some little misiader-
standing. Vercict Tor plaintiff, cents.
Adam NJ Vultee agt. Henry Schrieber.-For assault
and battery growing OUT oil SOFT OF foug
BILE fight in a bar-room on a Sunday. Verdlc! for
plaintiff, cents. a.
D. W. Graues q Co. agt Herman Friend Mr.; F., a
manufactured had been in the hao DR. OF pi nd
chasing goods Of plaintiffs. and in July, 1911 nanoeo
TO them q note drawn by Isaac Clark, for SOY, IN
part payment OF an indebtedness, and got receipt
for the amount signed Balance snS of 500 5o Mr.
Clark about three days afterwaTd stopped payment,
and the pre- sent suit is for the goods sod conendng
that the note had not been accepted IN payne1;; n,
For defense it was said that 1t was usu al In the
dealings between the parties for Mr. + TO turn OUT
notes that he had received in his business for indeot
ness to plaintiffs and that this proceeding was Ill ac
coIdance with the rest, and the note IN question hao
been accepted as cash
On the other hand 1t was said that MIR. Graves was
away at the time, and that his partner authorized tne
II
be ali right, and that it was usual for Mr. to leave
the notes for week or so, when ne wished them
taken so as to afford time for inquiry. Verdict Tor
plaintiffs, 1886 22, subject to the opinion Oh the
Court
Before Judge Campbell.
Daniel AcCduiey agt Thomas Carntey, SherlH-
To te Al The o1nershp of some horses levied UPON
at the stables of Mr. Wm Martin on execution
against him, but claimed to have bean previously
bought of Mr.. M. by plaintiff already referred TO.
VeTcic for defendant, yaluing the horses at Ss75.
SUPREME COURT- General Term. --PeO- |
pie, ast. SuliiUda Same agt Cldrk.-S. d e., II Is |
known are under sentence OF death for murder, the
former in Cliff st and the latter OF policeman, but
Iespise9 with a viev to the hearing OF argument on
exosp tiops taken in their behalf The points are |
exceptions 10 the Judgoe charge. il being coniended
that 1t should have been manslaughter Instead of |
murder. The District Attorney insists that the con
viction for murder was correct under the evidence
Messrs Robert II. Morris and John Mckeon appear |
for the prisoners, and MIR. Blunt District Attorney,
for the people.
Mrs Sullivan wife OF one of the accused, was also
present in Court, basing with her two OF their ch
dren, one an infant.
The argument will bs continued this forenoon.
SUPERIOR CoURT.-BefOre Judge Oak
ley.-Amsrman sgt knoepfai q Co To recover a
check alleged TO have been wrongfuly detained, AL
ready referred to- Ii appeared thai after the check
had been sued and the amount due paid AMI settled
that the check was offered back, but the counsel re-
fused TO receive II unless certain costs were paid.
Inc complaint was DIS missed
u. >. DIsTRIcr CoURT II Before Judge
Betts.-WHiiam Tyson against August Belmont, Con-
sal OF the Emperor Of Austria. Mr. 3 in January,
1s4s, chartered of plaintiff the ship Proous. of 6iI
tuns, to proce ed TO Apaachcola, and take board
. caTee.of timber, thence 10 Touon or Brest, Sub
sequently changed to Lverpool) Action Is orsught
20 recover about 90 600 for damage, went OF iui
cargo, and other matters, the Liability OF MI BIO
pay, which is denied. To be concluded tins lore
noon.
Sentence james Vasser, Jr., clerk IN the fos'
Office, indicted, and pleaded guilty several months
snce for purloining letter from the Post con-
tanning property of value, was brought up for SEN
tence There were other similar indictments, and
the President Of the United States has refused to
State Prison for FIVE years.
CouRr OF COMMON PLEAs-Before Daly-
--Deppsrnann, tai, against Brouaiag.-To recover
the value of groces cart, aud other articles levied
upon under attachment against ii. Rusk, already
referred TO. Verdict for plaintiffs, SOS.
IAome: porn.sg, E, al against Joas = Levy and
NJ IS cents each, furnished to the Morgan ana Webb
Association Ball. in March, $780, at the Chinese AS
sembly Rooms. Some difficulty occurred, or ac-
count OF political Jealousy, IN some outsiders break
ing IN, and the bail was in measure broken up.
The action is against thirteen gentlemen. forming
the Committee OF Arrangements, OF whom, 1t is
said Mr. Levy is the most responsible The case
was tined before, and verdict fgiven for plaintiffs
but new Trial allowed The SUIT is defended prin-
cipaly by Mr.. Levy, who saws his name was placed
upon the Committee without his knowledge To be
continued.
CouRT or COMMON PLEAs.-Before Judge
Woodruff -Wtliiaa BtgdeH agt Harley B,rdeli-
To test the ownership OF u quantity OF household
furniture, belonging, IN his iiie time 10 the late
John Burdell, and contained in house No. = Union.
place.
It's alleged by plaintiff that In an action for d
vofce or separation, between MIR. John Buraell and
ms VIE, and suits aising from It. Mr. j. ID. became
hum mortgage on his household furniture winch
plsinnti bought, The furniture was sold, subse-
Quens TO Mr. BIS death, In March, 1850, an execu.
ton obtained by Mr. Harvey Bnrden nrsyions -
MI ). s death. and bought by w IL b. William
claimed 10 own the furniture and gave bonds To the