New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-06-10

The Board then adjourned to Friday afternoon at
o'clock
SUPERIOR CoURT-Before Judge Sand
ford.-Pcter Roy sgt. John n. GnRn-To recover dam
ages for injury to child by selling tincture Of opium
instead Ct tDcture Of rhubarb.
Plaintiff alleges that defendant keeps druggist
apothecarys store at No AT Greenwichst, corner Of
Laieht-that on 10th Oct 1851, little daughter Of
plaintiff about seven years of age being somewhat UNI
well It's mother sent sister Of the child, young lady
about fourteen years of age to the store of defendant
to get three cents werh Of tncture Of rhGbarb-tha
the young lady there lad, clerk OF defendant to
whom she she told her errand. The clerk placed in
tunbler she had brought with her for the purpose what
abe supposed be ncure of rhubarb which she took
home and her mother administered it TO the chid-but
subsequently found that the child became ILL., and phy
stefan was sent for 1t continued for three or four days
in imminent danger and it was discovered that tinctuIe
Of opium had been the clerk at defendants store
instead of rhubarb The suit is to recover $780, expense
of physicians bill, attendance, loss OF time to plain
tlf &c.
On behalf of plaintiff, it was said that defendant was
not druggist himself but kept the store to make
money, having In charge of 1t Mr. Patterson, who is
acquainted with the busnessthat complaints had been
business and had made mistakes before and Mr. Patter-
son suggested TO defendant discharge him, but he was
retained having been recommended by physician who
sent prescriptions to the store
In defense II was denied that the lad incompe-
entit was also said that Mr. p the agent had charge
Of the business, &c. Verdict for plaintiff, $50, and
costs.
Hannah Brophy, ddmr., agt. KiPp y
Broon-To damages arising from death of hus'
band Of plaintiff, run over by omnibus in Canalst,
already referred to- 1t shown that deceased was
nearly blind passed in fr mt of the omnibus In question:
and, meeting another nearly line with it, became
alarmed, and retrested in the wake of the one that
struck him. the driver o! which instantly endeavored to
hold up. The Jury could not agree and were dis
charged.
Before Judge Oakley
William MOOtTy, assignee Of John Iay-
lor agt Sherlock HmGn.-To s. 800 alleged to
have been obtained at gambling by defendant from Jno
Tsylor at the houses of sad Hillman first at No l53
Broadway, and subsequently to where he had removed
bis establishment said to be gaming house, in Liber-
ty.street
Mr. Taylor it was said, belonged to Danbury Ct,
where he had comb mandatory. The claim having
been assigned he was called a witness. He said, in
end shorty before December 1885, he played faro at
w. N~N0-~
ant removed to No 81 Liberty street, where said I.
subsequently os at one time $50 at another SO5l, at
another $780, and another $500
On his crossexamina,ion he said he had visited two
other houses-they were in Park placemight have lost
500 or $780, Was at another house In Broadway but
lost nothing there-might have been at No. - Barclay
street. Occasionally won little, but the the
other way.
III was said that Mrs Taylor wife of the witness re-
ceiye about $1,000 from her fathers estate. Mr. T. also
borrowed g. 900 from his mother, being about half
tina, she possessed, and for which the mortgage
forcclosed-he had fine establishment II was said, as
comb mandatory but failed for some $4,000 orsl5-
OC0-he and bis family reside in NewYork, where
be pursues the business Of carman. He 10 said to be
a sober man, but became infatuated, at the period
spoken Of by visiting houses for gaming The District
Attorney Counsel employed) of the county in Connec
tcut came to New.York, behalf Of the mother and
the creditors, and this suit was the result
Tie particular point of defense was that no consider
alton had been shown to have been given by plaintiff for
the claim that plaintiff is the attorney at law and that
the statute prohibits debt being sold for the pur.
pose of litigation The Court said 1t was question for
the Jury as to whether there had been any consider
aon or not. In regard to the main question, if the
MONEY had been obtained by defendant represented
he is bound, in law, to pay 1t back,
Verdict for plaintiff s2245 being amount proved to
have been lost.
Special Term-Beiore Judge Duer.
Mdtth6l0 Morgan, and others, agt. Gus
tarps Brooke Him. Ni5lO and Chas. DOnat.-Applica
ton was made by plaintiffs, owners of the AstorPace
Opera House, to prohibit defendants from exhibiting
series of pantommic performances, by troupe of ami
mails consisting of monkeys, dogs and goats, styled, "Do
nets troupe of performing animals" it being said that
the Opera House leased to Mr. Brooke with the I'M
derstsndng that it should be used for theatrical perform
ances of the most respectable character The tempo.
rary injunction was granted, with an order to show
cause today The counsel for defense appeared to op
pose the motion to continue aud TO make motion TO
dissolve the temporary injunction. On the part plain
t it was alleged that defendants were in contempt and
could not be heard, having violated the injunction by
performing To this 1t replied, the house filed
before the injunction served. An order to show
cause why an attachment should not issue was granted
returnable at o'clock.
In the afternoon, the parties appeared, Judges Daer
and Bosworth on the Bench doubt arose in the
lesse had been nnged, and 1t decided rescind
the order for temporary Injunction the matter being
left with Judge Bosworth to consider the proper con-
stIuciion of the terms of the lease.
CIRCUIT CoURT..Before Judge Ed
wards tlapare and hudson Canal Co. sgt William
TaompsoR To test the validity of levy canal boats
Nos 2ll and 273 Mr. T. lie constable and levied upon
the boats executions for SO and $50 against George
jones who, it was alleged, was owner of the boats
This was denied by the Company who took them back
giving bond to abide this suit Verdict for plaintiff
tha s,b;c ~ -
the Court
Frederick Baily, agt. Isaac NeVtoa.-
Plaintiff says that in December last being his way to
Newly fork, from the West be put board the steam
boat Hendrick Hudson between and o'clock in the