New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-12-03

the attorney sr,res nay yt b. erSorcee Opp
a., 1so occUp6rrof, JUDGMENT RgyERsxo VIII cos1s'
DavidE Wheeler agt AbaeI Bar5sss Ia,
rsOG ,,o1n ,be ee psS =. 80 rent per sns ass t
there balance of Ell due which Wa oo,rs 81
S,m.1s o ~ ,sst nm There should have besn sns e'
denee Of the period Of term that defenda, ~ s,;o3
.sD;ss ~ sTb.Se thst amount Of rent OPinen ~
ps'y > ,rncnt.r AFFIRMED wITH coeIs
pe,;.s Ia ,.on and ano sst- Michael Van Dye,
mr. can ne no ia, for the good vail Of eusness 80
The parry claiming vas oosnn ~ s-reJ on When CO.
n.rtner admits by bis s1sygerth ne retane" -S.
solution pa,I =, he denies the alleged AID u
,s but declares he readiness TO snow tne account sal
manner agreeable 70 justice IS o.. ~ be n55v
by he copsrtDer hs separate Use aud may clam 70 De
paid oOe halt re value Ibs PSre' Hsd ;,, y so9
to after Referees report 70 rase the objection thA 40
su was the nature Of aD action at lay when "o0o n''
he a. between oopartners Opinion by DAILY J.
JUDGMENT AFFIRMED WITH COSTS
Patriet Csss sgt New-York and New Haven Railroad Com
Where u,ooertv il wrop1iy detained by the defend,
AIT the owner NAY Vugn ns title 70 the piOpfIt eo
the assgnee may MAINTAIN scton Of royeT SitsI
tre.b demand Of The pToperty demand from the Direct
ore Corr oTatiOu, vino common csfiiels y
,sy IN such case when appears that the agents Of u ~
oso ~ vbo, H. derad wa made were charged "i,n
errv NJ reeiypg keeping and delivering prop
erty bad by Them for carriage. Opmon uy "O''"'N'
'"oF' ,UDcnEST Affirmed WITH costs.
Richard Brazil AIT. Ralph H. lsnam.
T., ., srtan ioJ worS labor &c where the answer
merely the allegations IN the compliant the deisn
cannot on the Ita mist on @TsIo 81 49, 5toses
10 b. gwen evidence under the general issue n iasnit
which IN truth avoidance rather than ndena ~ lhS
seclsrsnon abrogaed by Che Code u SCENE n l1o
n1osdn 10, & rs,r1ent If he very money o- winch
oct he ne
suo bar action brought for the orisDa c's o. ae-
ton uness the award has been paid But whee ne aware
~ Ion the performance OfcOatea ats delivery OF cola p
rel articles q substitute for IN fsiicOn OF the oaey
nght OF the money - gone Opinion by Woodr1n, J.
,oTioN FOR 4 NEW TRIAL GgANTEO on PAYNETT %
cosrs UNLESS PLAINTIFF ELECTS 70 REDUCE TIE
yESDICT 10 goo IN WHICH CASE TN MOTION IS
John Giisan AIT. New-York aud Harlem Railroad c..
In an action against the defendants for the loss Of servers
II the plaintiffs con, oeused by an injury received through
the negligence Of the defendants servant. Tne plaintiff
for the prospective lose unless ne Tag O.
eared specially therefore He - confined 10 loss OF
wees before brought The panth cannot, IN such
case recover II the negligence Of he con concuued IN
the injury Ia determining whether the SOL wac
negligent not, the Jury may consider all the Orcun-
stances affecting his conduct at the time although the eots
third person cannot be made the ground OF recovery
Opinion by Woodruff, j.
JuDcmseT REVERSED AND NEW TRIAL ORDERED, COSTS 30
ABIDE THE EVENT.
Frederick A. Spies SC, Thomas j. Boyd and another
debtor mOrtgaged the IA Of his and dwelling
house and also such personal property may hereafter be
such articles may he sold IN the OF my
Held that against Carter the mortgage, was void upon
uorsagee There question OF infant in such ~
be submit Jury what the parties intended, appears
upOn the face Of the instrument and the question whether
or not 10 in violation OF the Statute IL question Of law
1t has been decided that the question Of fraudulent
intent IN such a nust be Jeff TO Jury mortgage
containing such trust viii not against creditor, give
title to 50 much Of the properly as may be derGnoea as
whole instrument for when any part Of de,d IN yo-
,on Of statute the whole instrument ~ VOID wlI nor
alter the that the mortgage took eson the credit
ole having acquired lien upon tie property when he exc
eu,iOn delivered TO the Sheriff, aud the sheuh h1yrg
levied before the mortgage took possession Opno1 oy
DAILY, }. ..- ue
Elphalet Lyon agt Elizabeth Duff
Opi,ions of witnesses amount OF damages eus,ned
in consequence Of trespas admissible Damages
sustained by peon residing with the plaintiff no ground
81 damage in fuch an action. Opinion by ln1ahan First
JUDGMENT REVERSED WIN cosrs
WIN. s. ingraham aRt EnOr y. Wsr-
When the Nstignor Of the plaintiff IL examined under
1893 Of the code the defendant can offer himself az witness
TO the motterOnly TO which the assgnor examined
But when the sssgno teshes not only to the Performance
OF work labor &C. and the price value thereof but eo
TO the amount % payments made by the defendant Ca &C
and the balance remaining due the defendant may o.
Ter himself and show tat greater amount hef boea paid
Opinion by Woodruff j.
JUDGMENT REVERSED AND CAsE REFERRED, WIFE COSTS
TO ABIDE EvENr
Frederick Kapp as. Gu Bsrthem, ct al.
Ia action brought for tho dissolution OF partn ershr
and the taking account. TIE referee # he finds upon
the issae oned for The pains shonld 20 on aud tako IA
account and report of referee that the plaintiff ent
fed 60 recover against hs cOpanef las share OF the capital
account taken and the plant share or ntooe aser-
tanned he must apply 10 the Court 70 order sale OF the
Joint edec,e When the issue of fact joined in such
acton the cOpartners who have i the
petent witnesses tor the defendant the effect Of their
iimony would be 20 discharge claim of which thoy
iolntly liable. clause constitution of the society
that all matters In dispute between the members snail be
70 ST@s ~. % not SsPys me R %, h
been an amended answer the issue Is to be tried upon Ii
sssubstute tor the original answer which is no LONGER to
III, n plea M MT hec hv
MOTIoNIOR NEW TRIAL DENIED WITH COSTS
Benoni BaIb~ impleaded &C, ag George Ward AID nno
If Court OF Record has rendered IN another State 70
Get that he authorized the be brought with.
OF his authority His remedy isio apply to tho Court by
whom the judgment rendered for relief A. long
remains Of record, he ww bound by H. One partner after
the dissolution has srsht TO commence suit IN the
OF the firm to coilecta partnership debt The night TO COLI
ect the debts and 20 commence uts tor that purpose
incident to the partnership which survives the dissolution
and is,nherent either partner So far respects the
award Of that night partner bound by the ACT Of the
other fully he would be by act done in rsseng
the affairs Of the partnership Whether the assignee
bankruptcy Of the other partner shoud have made
apMty: Queye. The objection however II good
available only by plea attainment Judgment recovered
by the defendant against party pl for effect
ed by that party discharge IN bankruptcy although the
action brought 70 collect debts existing ia favor OF the
party who has applied for his discharge in bankruptcy the
night to which has been transferred to his assignee Op.
ION Day il lnrshAm Fist Judge concunine A notice
OF special matter cannot be given with plea OF nu ts
record since the revised statutes Opinion, ingiahsu
JUDGMENT REVERSED, WITH CosTS.
Tinothy n. Main against Cornelius Eagle.
Ia an action for the recovery OF work labor and
sons sale Of ship where there evidence OF en- eS
pres agreement between the parties specifying the oondi
honsuron which commissions shall be allowed, IL Is not
competent to that by the of brokers
sons are allowable though the conditions not complied
with Whether party sRtaed to commissions or not 10
ACQUISITION OF law, uponproof Of facts and the spniou Of
witness that the plaintiff, upon supposed case 10 entitled
20 his commissions is incompetent To enttle the pant
Go claim commission the that such case hro.
kers accustomed 20 charge and comm oDs AMI
that he has oontoued the brokers in the conduct
of A AZ ia a hrNter Duo
Woodruff J.
JUDGMENT AFFIRMED WITH CosTs.
John :. Jones agt. William HggenbOthatn
When tenant has taken down brick all upon ID, de-
missed premises and sppropAAd the materials TO hs own
he liable for the value thereof He not excused hv
showns that the wall out OF repair and IN aeondton
dangerous to othss and he under rep ar
That would the taking down Of the all repac
ng but rot the wrongful appropriation of the materials
Opinion BY Woodruff, J.
JUDGMENT REVERSED WITH coSTs.
Cornelius Cronkright agt William Thompson
To maintain nrncre.iinc under the Act tha ketfar