New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-06


The Court considered the testimony satisfactory in
favor OF lien ON the snip. Decree for amount and
interest
jeremiah johnson and Oihrs agt. The SANE Bill
for iron-work during repairs. The Court considers,
from the testimony. ina. they have lien on the ship.
Decree for amount ana costs
George Budke az. Stephen Ostrsa Against the
owner OF schooner Mary Harvey, for ship stores and
supplies furnished her IN this port The Court con
sieered the testimony 10 sho~ that tho lioellant
Knew the master had chartered the vessel and was
70 supply her with stores Also held, that "nen the
Paies and master reside a, the place where the yes
sci belongs, the p'esum 1tos OF law is against the
master having authority charge the vessel for sup
pies and repairs The cirect or implied sanction OF
the owner should be proved in such case. Libel
clmissed, with costs.
SUPERIOR CoURr-Before Judge Camp
bell.--Van Wycke & cobbe sS,. John AfefafosA-ro
rscoser the amount OF a note for $a,ot3 IS, drawn
by Thomas Mclntosa & Co, and purporting TO have
been lneoIsed BY defendant, but the latter denied
the Endorsement n Is SAIL oeins forgery, already
referred to- Testimony vas taken. The Jury, after
being out some Tine could not agree, and were dis
charged.
Nathan r. Lafkrcp agt. anthony B. and Richard L.
AHen-To recover damages for injury 10 plaintiff
arising from quantity Of plank and other lumber
falling. and portion striking hun, by which Of
his legs was much injured. and subsequently, anpu.
tated, and he put to large expense, as alleged for
PHYSICIANS bills, &C. The damages are laid as
$4,000.
Plaintiff alleges that he was employed at the e.
tablishment OF Thomas J. Sloan 4 Co, Twenty.
hith.u, known as the Empire Iron Works. Messrs.
Allen were manufacturers Of agricultural instru-
ments and other articles. and occupied the upper
part OF said building Plsintif says that while On.
gagged with others rolling into the front door Of the
establishment large iron wheel weighing about
two tuns, persons In the employ Of MessFs A. & Co.
started to hoist plank and other timber by means OF
the hoist wheel. which run through the different
plank, &c was insecurity fastened, and while being
hosted got from It's sings and fell, or Of
the planks falling upon plaintiff that plaintiff was
n OF ' he to hs
HIM, aid that they req1ested Messu. A. not then %
attempt tn hoist, but taeir request was mheeded.
For defense II Was said that II was necessary to
hoist ND some timber, and that ordinary care WAS
used in hosting It; that plaintiff, If he had mind
to- could have got cut OF the way, and defendants,
however they might resret the accident, deny that
il WAS their fault. TIE case Is on.
Whiiaa d. Murphy sgt VIM. H. Hazard and WIN.
Monfeath-To recover damages for alleged mali
cious prosecution, already referred to. The evi-
deDce not appearing sufficient to sustain the SUIT ~
to MIR Hazard. the complaint against HIM was DIS
missed. motion fer nonsuit as 70 Mr.. MonteAtn
Was unsuccessful. The case Is still on.
CouRr OF COMMON PLEAS Before Judge
DAILY = Hugh Nelly agt John b. Orerton-To recover
the amount OF a note given by Mr.. Overton in re-
pe~al for another on which he was indorseE:
plea OF usury is set up IN defense, IN MesNs McMeA-
tmy & Thompson to whom the note was payable,
charging the rate of 10 per cent instead OF per
cent per annum for one month. The original note
vas for furniture. drawn oy fsnmeI, MnIney 20,
married and going 70 Housekeeping. Inc over In
terest alleged by plaintiff to have been mis-.
take. Verdict for plaintiff, 1898 IL, being amount
less some little offset.
Dtiliam H. Ellis AIT Darid and Joseph Newman-
Plaintiff in Sept 1850, through broker, bought OF
Msssrs. Newman & Co, William St, 81 500 Cigars.
for s46s. tyaluing il at 5000 and the balance in
cash. and re ceived bill but the cigars were noS
delivered 10 them, and they oring action 70 recover
the highest market price OF the cigars gu was saiu
they had 10 per cent IN the market immsoase-
ly after ward) since the time of purchase.
The defense is that the note was to have oecn
satisfactory note, but on applying to MI Iegal No
said he would not pay the note and defendan!s OF
fered 10 return the note and money, but painun DC.
clined to receive them. The question for the Jury
is whether the understanding was for satisfactory
note or not.
CouRT OF GENERAL SEssIONs-Wednes.
Sav-Before the Recorder and Aid. Compton ana
Tweed Trial for Forgery.-The triai o. john ~
semi Rink for forgery. was resumed al the opening
of Court the defense producing witness 70 snow
that Iutz the comp ainant, had endea vored 70 IN
duce Rink to leave the City by an oer Oh voo ioI ~
doing Counsel tor defendant then suMme1 w
coItendipg thar the complainant, Lutz, had signed
the note himself and no" swoIe ~ 70 DC MWhSH,
for the purpose of rddiDg himself oil the iiaohisy'
He was followed by the Assist DIsuict n.o, NY
ro.., So 49, r-si. --i--s-.y s.r.~ se~
prisoner. The case was then gwen 10 inc suty, un
der the charge OF the Court who after an absence Of
about an hour came into Court with verdict OF &C.
Quiital. r~.u I..n.v NJ a
sailor,s boarding house was placed ON Mai,
chaIged with having on the goth of December
last Violently assaulted James White master o. sne
British ship Pnela, at that time wing az pier NO o.
r. r. The allegation 10, that tho prisoner went on
board the vessel for the purpose Of collecting the
baggage telor sing to some Of the seamen attached
10 her, and after first striking the mate, ihnlctcd
vic ont hOWa with chain nook upon tno
ne,son of Capt White The case was still on when
The Court adjourned for the day.