New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-06-11
LEGAL ITEMS.


L. $. DIsTRIcT CoURr-Before Judge
Judsou-J7aaaA Baksr. OSnsr Of schooner Clcsyv sgt
james L. WOrth Suit To test whether coal dealer can
set up short weight comp red TO the bill OF .ading
on Il eight bill The action IL 70 recover freight
cargo OF coal being l60 tuns at 81 ~ per tan, being
S232 The respondent (Mr. W. weighed the coal IN
his yard after receiving from the vessel aud alleged
that only l55 received aud rendered 10 the
hbean (Mr. b. the freight thar quantity, which was
refused aud the amount after suit being brought paid
into Court Lbelant also claims for denurrsgs, the
ground that the respondent unreasonable ength
OF time In taking away the cargo.
The Judge decided the fret part, that the con-
sgnors having agreed with the master 10 put 100 Of
coal on board his vessel, asd induced him 10 sign bill
OF ladipg for that amount, they were bound 70 pay
freight for that amount and that the consgnee by
ceptine the freight adopted his contract and also be-
comes liable AS TO the second point although no de-
mUrrsge l. expressed Il Is implied, and where the par
ties unreasonable length Of time In getting away
the cargo they liable In this case however,
four days, which the Court does consider un-
reasonable Decree for the freight bill in full amount
Dinners Of brig Lucy agt 0cnrs Of steamboat Bay
SasTo recover damages for collision In tbs Sound,
already rCierrtd to- The Court does not consider that
the brig was 10 blame Decree for hbellant reference
to sscertsin amount
Jacob Far agt John W. Kemp:os, ITO recover
S4S6 for joners' work, board schooner Mon Bcdei
The claim is for the value of IN work done On the
part of respondent II said there contract TO
do all the work required inboard aud cupboard similar
to another schooner named The Court considers that
amend without cost % set up the contract and
claim for work Unless he does within 10
dSys libel TO be dismissed
CIRCUIT CoURT.-Before Judge Ed
wsrds-The suit against tho owner Of steamboat
Henrck Hudson, TO the value of goods (con-
tanned in trunks and placed luggage IN the bag
gage Toom) damaged from bad weather, already re-
ierred 10. was concluded.
The Court in ia charge held that II the shape and
appearance OF the trunks were OF character to pat the
agents OF the boat on inquiry as 20 whether they
tanned f gh baggage, they bound TO make tho
inquiry and paiI Tiff would be entitled t. recover but
II the Jury believe that the trunks put board by
plaintiff, with a view to avoid the payment Of tho
freight, then under circumstances would he be
entitled 10 recover. Sealed verdict
SUPERIoR CoURT--Before Judge Sand
iord-George H. MiHiason agt Wm. LObscs and j. n.
SchcpLr-Queston 10 whether aft pay able In
silver should be paid In United States currency par
value, or whether when silver 10 at q premium, said
premium should DC added.
The suit was bill OF exchange for $50 drawn In
Mexico on Lobach & Scheper. New-York payable To
Jose Gonzales de Cueto, accepted by L. IS, aud In
dorsed by De Cueto to plaintiff The bill drawn In
Spanish, payable In platter" IL presented for
payment In December, 1851, when silver was at pre-
MUM. L. & s. offered to pay 1t In current funds, but
plaintiff demanded should be paid In Mexican dollars,
which would make 1t equal to $751; l.. & 5 refused to
do So and hence the subtitle being defended Ii
said with view 10 legal decision 10 the prn
ciple.
witness was produced, who showed that In Mexico
the WORD "pls,er meant Mexican dollars.
In defense il is said that payment was rendered in
United currency and refused also that where
bill of exchange is not to be paid in United States
rency, II Is not bill of exchange within our lava.
The Judge held to this vie OF the ease decidag that
If the amount not to be paid in United States cur
reDcy Is not bill of exchange within the meaning OF
our laws, and dismissed the complaint Toe plaintiff
counsel excepted and the case Is to be brought up for
argument
Befpre Judas DALEY
John Boardman agt Theodore Bcsson-To recover
damages on alleged wsrrantee, In an exchange Of
horses. On the l7h March, 1851, defendant by his
agent and the plaintiff traded horses defendant giving
plaintiff bay horse, and plaintiff giving In exchange
mare, said 10 be worth Sl30, and $50 in money The
agent it is alleged warranted the horse 10 be sound
but II was a, the Time otherwise Plaintiff gave notice
OF the unsOundness and requested a reexchange but
defendant refused Plaintiff then after giving notice of
his intention caused the horse be sold aud Ii brought
Sol Plaintiff claims that he Is entitled to the expense
Of keep and of the horse besides the value Of the
mare--in all $l65
The defense is that the mare d also been warranted
sound, but she proved 20 be vicious unmana xeable
animal that would stop when she pleased, aud refuse
TO STIR and not til for any kind of work. and that plain
tiff knew that there was variance OF the horse,
and II was good rs represented Tals was denied.
The Court charged that If agent warrants az unt
directions his principal is not bound, and IL IL doubtful
II he is unless be directed warrant In either case
however If principal has been notified Of the
tee and refuses 10 rescind the contract hs becomes
liable. The Jury will look at the relative value Of the
horses and the expense Incurred, and decide accord.
ingly Verdict for plaintiff S59 IS.
Court OF GENERAL SEssIoNs-Wurs-
day. Before the Recorder and Aldermen Denman and
Ward Trial for E,abe--LenenL-Tne trial of John
McAlpn, which not concluded yesterday, this
morning RESUMED et the opening OF the Court and
suited In verdict Of guilty being rendered by the Jury
The prisoner sentenced ~ the State Prison for two
years.
VIM Grant, witness who testified for McAIpine was
committed 10 prison 10 charge Of perjury, the
Court deemiDg his evidence 10 be wilfully false.
Tire trial Of Geo. Brown, implicated with Capt Rowe
previously convicted forgery Is set down for this day.
(Friday)
The Courtfned several jurors SIS EACH for nonat
tendance, and then adjourned tor tbs day
Court CALENDAR-ThiS Day-CoURr
or COMMON PLEAs-PMt Nos Cos l0l, I,l29, 1,l31,
ll33 1l35 1I37, II39. 114l LAS. LII LAG, ll5l.
1ls3. lI55, 1,I57, LI6 l63, I,l65 l67 li69, LII.
Part ll-Ssme as yesterday.
SUPERIOR CoURr-Ns 365, 25l, 423, 463, 585, 2J5,
63i Ge GG6 Go 63419 693 557, 40, 6l6 65 $685. Co.,
COS 500 7O, 702 703 7O4 705, FOG, 707 70s 709 10
H. l2 1l3, ia, us, ZIG, III, 7le, 49, 100 72i 72
723, 724, 7.5.
U DIsrRrcr Counr.-Nos. AZ, ~, A, 46. II, 4s,
80, 81, 81 p.
SUPREME CoURT-The General Term viii meet 10.
day with view 10 decsions
CIRCUIT CouRT-MOnddy Nos 32g 33l, 373, $50,
g. 1914, $780, 397 $685. 400, 40l, 4O2, i05, 400, 4os.