New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-02
SUPERIOR Couar.-Before Judge Bos-

contracted 70 co the carpenters work IN the cree.
ton Of building No 223 Second St for the &c n OF
500 The present sui, is on claim for balance and
| extra work, alleged 10 be due by Mr.. .
MI Newton insists in defense, that he owes noth-
ing and in proofproduces receipt book, In which
Received Of n Newton three hundred and twenty i've
or account Of Carpenter No syy s's,n s.s1sY
The body OF the receipt in different hand writ
ing from the signature. Mr.. FARLEY denies that he
gave any such receipt but the receipt he gave on
that DAY, he says, was for 75. he having received
| payments Of $40 and $l5 and that the words three
| hundred were added after gard, and are forgery.
Testimony was taken as TO the work done, &c.
| The Jury founu la .avor Of plaintiff for full amount
| OF his cla,m with interest, being $235 40.
| CMr. Farley subsequently made an affidavit, de-
Glazing that the insertion Of tue words "three hun
dIed." in the receipt is forgery (the receipt Is
| written in a memorandum book, one. eighth Of a
fold Of writing paper the word three is at the end OF
the first iine end the word hundred at the beginning
OF the second line, In smaller writing than the rest
Mr. F. also states in his affidavit that ne receipted
but for S25, and he has reason to believe the WORDS
"three hundred" to be in Mr.. VS. own hana-
| writing The Court ordered that the receipt-o0ok,
with the affidavit, be placed in possession OF the
Clerk, to be retained by him until further orders
Fyonc,, N,r,,t ast iyarsmer Iivngson-To re-
cover $l,326, alleged value OF goods belonging 10
plaintiff on board the ship Zurich from hayfe,
stranded st Squam Beach, and the property SAID 70
| have been lost, already referred to. Ihe sun Is
| against the owner as common Garner
| Plaintiff was a steeIage passenger, and the goo1s
| were placed or board without bill OF ladlng, OF
knowledge it is said of the captain, and Tor defense
O. is claimed that the owner is not liable The Court
held that as the goods had not passed through the
| regular channel there would be question II there
was not an intention to evade the payment OF duties,
| in which event the goods would rattle. belong to
the Custom House than that the owner Oh the vessel
! would be liable for them. The complaint was dis
| missed
| fSome goods were shown in Court, and Custom.
| House officer who vas present a witness, wished
te seize them, not having paid duty but me Judge
SAID he could not DO IN the Courtroom, but might
| do as advised afterwerd. The amount vas small
| Before Judge Bosworth.
| Ncrifz WenSckcnck agt. Alfred II. SptnfT-Plasn'
tiff says he is peCdier of oil and sprlt-gas that De-
ing, it'll his horse aud cart and goods, opposite the
cbar-store Of Mr. s, in Secondary, ON 18th July,
the said without cause or provocatlon, struck the
plaintiff, and ALSO with rocking beat the
horse OF plaintiff so as to make hlm entirely useless
that said horse was worth $3.50, besides which the
plaintiff lost the services of the horse and much time
In the care OF him, &C. He brings action TO recover
| $500.
| II was shown that the horse knocked over the
chair and it was stated that he had done once be-
| fore. II was shown Mr.. ). struck the horse with
the chair beating i severely but 1t was denied 'ha'
he was the cause Of its death.
The horse was taken to Hoboken and raled, so
that in six weeks it was supposed to have nearly re-
covered, but It relspsed ard IN about TWO weeks
| slightly fractured The jury found verdict Tor
plaintiff S93 49,
Hannah Kobn against Jacob Kohn Suit in divorce,
| on the proce edings and papers and on motion OF
| Martin Van HoveDburgh. plaintiffs attorney. DE-
| vorce granted anIulling the marriage contract
General Tern. Louisa ID. Kane, by
Aler. ". Bradfora, her next fiiend, appellant, agt.
| William b. Astor and others, respondents ar
eument in this case, already referred to, was con-
! Cluded Friday.
The object of the suit is to set aside the sixth
| codcl OF the will of the late John Jacob As:or,
| made July q, 1896. Mrs X. is daughter OF Mrs.
Langdop, daughter OF Mr.. Astor) IL is SAID neI
| grandfather was not pleased al her marrying, but
! became reconciled to her and her HUSBAND after
wards The codici says as to such shares OF stock
referred to in my will to be given to Louisa, daqgh
ter Of Mrs. Langdon, hereby give instead, oae-haf
of the said stocks to the other children OF Mrs H.,
and the other half to my executors, the income Of
which, to be appropriated to the use OF the SAID
Louisa during her life, and afterwards to enure TO
her children, if she have any If not, TO go to her
| brothers and sisters.
. What was; devised to her after the death OF her
mother give to her brothers and sisters.
The two legacies OF $25 600 each and the share OF
water stock, which she would have been entitled
under my will | revoke
authorize my daughteT MTs Lsn nd 6 Gy %,
to her and their use part not to exceed onc-half
| ofthe personal or real estate alluded to- &C.
| Mrs. X. was to have hose which had been
devised 10 her and it is said the income to her for
life IS large It is commended that the hnitations as
| to Mrs Langd0n, in regard to what sne shouio 9e-
! v;so ~ har sad daughter and other matters renoet
the codcil Difficult. to be construed, Il not invalid -
md that Mrs Kane should be allowed, equally with
her brothers and sisters, to come in under he WILL
particularly as Mr. A. became onciled to Mrs H.,
and il is supposed the cSdic being retained was an
| oversight OF Mr.. A. Decision reversed
CIRcuIT CoURT.-Before Judge Ed
wans-Tayior q Putnam agt., The Kings County M,
| fuai Insurance Co-To recover amount OF policy 81
| insurance on machinery and stock at Nos and
Haguest., destroyed by the explosion and FIRE, al
ready referred to.yerdict for plaintiffs s56oS 3D.
being amount and interest
| The Court then adjourned FOR the term. There
| will be no term OF this court in February
L. s. COMMISSIONERS OFFICE Before
Commissioner Brigham horge Of Larceny at sea-
| George Cousin. seaman of the ship E G. Scranton,
was examined on a charge OF larceny, IN taking from
the chest OF Arthur Steward, another se.man, as
stated by the latter, ffock coat tso oiue jackets
two pair of uowsers, two satin vests, NO black SIX
hanGkerchefs, white shirt, pounds OF TOBACCO,
four pars of yellow soap, ID thread and other ar
,cles, worth altogether $50 10 slO0
Steward, IN his testimony, stated that ne was IN
toxicaed when he went on board the vessel a! TINS
port, She vas beand-to Liverpool Next day ne
discovered that his chest had been broken open and
the articles gone and he stated the TACT 10 tue ON
Gers On the return voyage to this port was told by
one OF his sbipnates that some OF his clothes were
in The galley and found the coat, one OF the jackets
the two vests and other things OF was said Cousin
had asked the cook to let him leave some things ID
his room) Cousins chest was also searched, anc
some things, which steward said were ms, iouno
Cousins trunk was Searcneo ana 0'heis Oh she a.
toles found Cousin said that the shirt was MS
and James Young / shipmate, had gwen MN inc
Others Cousin ran away as soon as the ship ar
rived back at this port.
Steward testified he had not seen the things since
the day before at his boarding house
The Commissioner IN his de cision, said there was
no doubt as TO a larceny having been committed
but there Was doubt whether il was after the chest
had left the boardizE house, on their way TO the YES
sci. The complaint was dismissed
| Court Calendar..-.T THIS DAY.
| CoNmos PLsAs-Part Mos. 81, 81, 6l. %, ~
| ll3 us. lilF l47 ISL, 1873, l55, l5', III i79-Par
| U-Nos4 "a, l34. las, $50. l5f i56, l5S, lt2, iei
lG6 los. 10, l72, ia.
| SUPERIOR Court Published on Saturday.
SUPREME CouRr OF THE UNITED STATES