New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-07
COURT PROCEEDINGS.

CoURT OF COMMON PLEAS before Judge
Woodruff Washington Agate against VIM M Mars
toa Stdnhope Marston and FREDERICK frye:-io re-
cover The mount OF note for Sg25, made IL 1913 oy
WIN NJ. NJ. atlhrec months, and endorsedby Messrs.
s. NJ. and Frye, also by Joseph Agate;
The defense is Usury, in Mr.. Joseph Agate, at the
tine OF the original discount having taken SO Tor
interest and that he, III fact instead OF piamti, Is
The real owner.
The latter denied 1t was also denied that Mr..
Agate took $25 interest," but that he retained that
ann unit to ward debt Que him, by the party getting
Inn 10 discount II. Verdict for defendants.
Hm III. Els against Ddrid and Joseph NsWman.-
To recover value OF quantity OF cigars purchased
but not delivered, ALREADY referred to. The amount
claimed was 1913 and interest but II was said that
the actual paid on purchase they were bought
through a brofer) was les. than that. The Jury
brought in sealed verdict, but the Court thought 1t
gular, and told them the simple question for them
TO find for plaintiff or defendant, and If the for
mer, the amount. They retired and came into court
with a verdict for plaintiff, S6Ol IS.
Cityof Neic- York ag ains charles n Marshall David
g. Baiiey and Luthtr B. Wymda TO recover under
the stem to emgrant passengers, before the law
establishing the once OF commissioners OF Emgla
tioe. S2l 46, for the board of an emigrant In the
Aims House for 10 weeks, a, 50 ptr week, from May
| Is TO August |, 1916.
The srit is under passenger bond for $67 500
| given by the captain and owners Of the ship ork-
shire, on the lat OF August, 1915, conditioned that
none OF 225 Immigrant passengers brought at the
| time in the ship, should, within the period OF two
| wears next succeeding, become an expense to the
| Civ Among said passengers bonded was one en-
| tered Thomas Adams. aged 49, place OF birth and
last settlement, England owing allegiance to Great
Britain, and having no occupation" The person
admitted to the ms-House, in April, 1916, was de-
sciibed in the Aims House books IN the same man
nsr. ard as having arrived IN the Yorkshire and
suit is brought fIom that time to August at tue ex-
piletiOn OF TWO years, although It vas SAID he re-
NAMED In the Hospital, and CIed there IN July, 1917
for TIE amouSt Of his board
There are aoouG ffty similar suits to this IN the
CORPORATION Attorneys Office against different Cap
| nd lat
was tired some time ago, and verdict given Tor
plaintiff but the yeToct set ASIDE on the ground that
the IDENTITY of the person at the Aims House was
OF sufficiently made on. as tire one which had ar
ved the ship for which the bond in that suit had
been given.
A similar defense is made in the present case, and
iii coLt nded that the entry the books in the Aims
House cannot be taken evidence of the fact that
IL was tie same man also, that defendants wished
and offered 10 provide for those they bonded but
were not permitted 10 coso.
TIE chse is On.
Edrerd Z. Burbank sgt James W. Barker: To re-
cover Of Mr.. Barker, merchant IN CatherIne'st.
gold watch and chain, worth Sl25, which paInflH
alleges he left with Solomon Sllverman for the pur-
pose Of repairing, aDd that sait 5 S, without any
authority whatever from plaintiff, illegally and I'M
lawfully delivered the SAID watch ana chan 70 de-
fendanf, who received them, knowing thatihey we're
not the property o. ana has converted the prop
erty 10 his own use, &c.
In defense, it is denied that Mr. Barker ever re-
ceived the watch and chain, or hal il In ownership
or possession. II was also stated by defense, thar
there had been some difficulty as to goods stolen oy
some persons in his employ from Mr. Barker, ana
that Mr. Busted, his counsel. went to Mr. s, ana
the latter, on a claim made handed to MIR. Busted
land not Mr.. BarkeT) the watch and cham, MI d.
supposng it TO be SIS, &C. The case Is on.
SUPERIOR Court Before Judge Oakley.
William d. Murphy sgt WRliam NATURALIZATION
TO recover damages for alleged malicious prosecu-
ton already referred to. The Court, IN its charge,
SAID there can be idea that there was any fraud
or intention OF 1t, on the part OF AID. NJ the ohiy
question for the Jury IS, whether from the circuh-
Stances they existed there appeared to have oeeh
sufficient probable cause to justify the complaint
Verdict for plaintiff, slo0.
Maru SkipInGa agt. John Loctarf To recover dam
ages from the frst mate lat the nme) OF the snip
Bremen for al eyed assault and battery, wniie inc
ship was on her way from this port to Manila.
The plaintiff is young woman, NAIVE OF Ao
land, " no went on board as alleged, as waiting ma
10 the captains lady who, With her cnioIen. 49,
in the ship, and that the captain after Saro WISH WISH
her TO perform the duties OF sse wardess Sne cnas
that she was severely assaulted by defendaht' pu
irons and con fined 10 her stae room, and tha' d. M
lila she was treated ILL., and compelled 10 remain On
board the vessel alone among the men. Anosss..
suit Judging from the opening, has been ofousH''
the press nj is for the assault and battery
Capt Staples, Of the ship, appears, dieo a. ma