The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-02-26
Superior Co urt.
Before Hon. Judge SANFORD.
A COACH WIrH FIVE WHREI.S

COACH WITH FIVE WHEELS.
FrB. W.-,John c. Ham, EdUnd y Little The
plaintiff keeper Of carriage repository, No $50 Broad
way, applied to, the part Of the defendant, to
plaintiff was to pay him $3.50. A carriage with five
wheels was built and delivered to defen iant in July,
1861. ~ sound and first class vehicle, but which de-
PENDANT alleges did not correspond with The agreement
being made Of inferior and secondhand materials aud
which broke down the second time 1t was used II
repaired and sent home and broke down second time
Plaintiff sent in his bill but defendant refused to pay It,
and returned the carriage which plaintiff declined to
ceive. Plaintiff denied the guaranty alleged by de-
on $780, and also SIS for repairs The proof Of warranty
being conflicting, was left to the jury to pass upon
that question, who returned verdict for tbs plaintiff
Before Chief Justice Oakley
Alleged Sldnder-Robef ~. ShufeiA Us Cornelius Bo-
the United States navy aud was arst officer board
the steamship Atlantic when the absence Of that vessel
caused so much alarm for her safety When he Allan
tic put back TO port in Europe, MT shuteldt
New York. where hs family resde and shortly after his
arrival he surprised to find his house entered one
morning by q custom house officer aud that he was
charged with smuggling. The plaatif would prove
that that elsnderous charge orisrsted from Mr. b.
gsIdus The defence u.s. that MI Bosardus being in the
custom house, the communication was privileged one
samuel Lcfsrge being examined for the plaintiff de
pevd-Thst be resides in sachett strsct Brooklyn
knows the dtieDdant and partially knows the PLAINTIFF
was inspector Of customs in February last; had an
intervsw with Mr. Bogsrdus ct the custom house but
can't tell the month without looking AZ the sliayit;
private tecIetary togsther Mr. Bogsrdus said that the
frat tctr Of the Atlantic had arrived in the United
States snd be Bogardus) informed that he had in
biz potseson rome twenty Ave thousand dollars worth
Of diamonds be then told me he would meet outside
the collectors cice, and finish the conversation; he
Their gave me- the psticuars he told me that he in
formed that Mr. shufsldt had exhibited the diamonds
at flee IN Nassau street that they in his pos
session ia parcels entrusted to him he believed TO de-
ver to parties here without paying the duty and that
be (Bogsrdus) believed the information 10 be cor.
rect end recommended me to maks the affidavit,
and maize The search he stated, at the same tins,
that while he thould claim to be the H. former yet
anything GENE out Of H. be should give the proceeds
TO the person that gave him the iniormston we then
.peTaitd, and told Mr. Bogardus that would take
liie time TO think Of it; ihorty sitter met Mr. DO.
eaIdus AZ the Of Pine aud Nassau, In company
viii Mr. 6iinsud be said to me, Mr. Lefarge here Is
nor Gihinsud, who gave me the Information he then
requested Mr q to tell me what he had told him which
was done; we went to get directory TO find ont the
reiictncs OF Nr shueldt which ascertaned don't
know whether II was mr Boyardus aiinaud who gave
the name OF the fret officer OF the Atlantic the name
that was given was shufeldt Q-whst did you DO after
that
Mr. Sanford objected to what the witne., did being
given In evidence sgsiDst the defendant
Mr. sandford moved for dismissal Of the compia,nt
on the ground that the communication, made at all
made by Mr. Bogsrdus In his capacity a. an osiaI
In the Custem House TO . Custom House ofioer The
complaint was thereupon dismissed.
WILD Cars ABoUr.--A large Wild oat was shot
In Ulster county lsHweek,