New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-24

ard float with the tide judgment disussing the L.
be was given in each and appeal male. Argument
presented Mess. Benedict and Van Sanivoord for
of choorer and cargo and wm II. C. Cowles for
owner OF the steamer
CIRCUIT coURT-Befor. Jads. EpxosDs
Mac, / c Geud at Edward and salem L,ns
Of property Commercial Wharf Brooklyn the consider
alton expressed in the deed for which $50 900 but was
in fact to assume two mortgages for $4,000 which existed
it, Pay $500 give note for 81 ooO and certain guam
ty of gum arabic amounting TO $4,000 and to pay inter
est but that except paying the 500 defendants have re-
fused comply with the said latter terms. and suit is
brought 1900 alleged to be due making the
consideration s24,7o0. In defense it said in estimo
ny, that plaintiffs agreed to collect the rents pay interest
the mortgage and that the price of the property and OF
the gum arabic both understood TO be nominal The
Court permitted the TO be amended in accordance
with said testimony and the trial went over on payment
by defendants of costs of term TO the next term OF the
Court
SUPREME COURT-ssEcI,L TEEs-Beore Judge EDsoSos
CONTRACT FOR REMOVAL OF oTFAt, &C.
The People ofthe state relation Of wm B.
ReynOd A1aIah Flags Controller Of the City Of New
Order for the Controller to show why mandanlus
should rot issue requiring him to pay to the contractor
sll,o5O, as directed by the Common Council &e
Return made yesterday by X. j. Dillon Esq, coun-
sci TO the Corporation, the part OF the Controller
,Iessr Whiting and Blunt being associated with Mr. d.
counsel for Mr. Mr. ReyhSd. Me willard An
derson and Sweeny and +. b. Cutting. proposition
made instead OF arguing the case at Special Term
II at the Judge would send il forthwith 10 be argued at the
General Term. decision in regard to which proposition
will probably be made on Monday
The that the time Of the execution Of the
contract set forth in the present writ certain regulations
had been established and then in fu force by ordi
nances OF the Common Council. pursuant 10 the Charter
whereby ordained that all contracts ordered by the
Corporation should be daily advertised with view to re
Ceving proposals. Sc. In the giving out OF the present
contract the equations not observed, but the City
Inspector late directed by resolution to enter into
contract with Mr. REYNOLDS Ii also ayerred in the
turn that the prices allowed in said contract were greater
than were being paid that time for similar work Also
that by virtue of the charter then and IS ordered
that the Controller shall examine audit adjust and settle
ell accounts whatsoever in which the Corporation con-
cerned either debtor creditor, and that neither the
City InsI Mr. Reynolds presented to him any
vouchers that such amount in question is due.
The return admits the passage of the resolution direct
ing the Controller pay said slo50 but denies the right
OF the Common Council 10 pass such resolution
Ii AYERS that the contractor has not performed the con
tract in the manner and form alleged in said writ-a copy
Of the contract is appended
The return concludes follows
THAT this respondent admits that he has refused to
comply with tie resolution alleged in said writ and has
also refused 10 make the payment draw the warrant as
therein aeged-and he submits 10 the honorable Court
that he has not thereby violated the charter or ordi
nances or his duty in the premises. A T. FLAG.
The probability is that the will go immediately 70
the General Term, TO be argued early in October
Before Judge RoosEvELr
DECISIONS
Isaac NJ Wrish ag Joseph Delsieli and others
Judgment that defendant Delaed cause to be executed
aconveysnee Of the proPery-tha plaintiff Pag me Prdd
respectively in this suit and in the suit on the notes
and that ereupon the conveyance be delivered to plain
ti. Question Of allowance reserved.
ThoEss B. Coddington as Jane sloan
Report of referee in favor of setting aside conveyance
made by r. Cunningham defendant ton the ground OF
interest possessed by creditors of Mr.. c. Confirmed.
FIRST DISTRICT COURT-Besore Judge GREEN.
BOARD BY THE MONTH
Robert Letson agi Peter 5 sehntt 49,,
This action was brought TO recover for one months
board for defendant and his wife for the month ending the
9sh Of June last, at $50 month The defendant ad
mittod owing s3l 49, and pleads tender before this ac
The plaintiff proved that defendant and his wifs board
ed with him his boarding house in Hudson st from the
2sh Of April last to the middle of June He also proved
by of the boarders that the defendant told him that
he boarded by the month, at $50 a month.
The Judge decided that where party agreed TO pay
board by the month at stipulated sum- he Is held 70 pay
for the iu month notwithstanding he leaves in the mid
die the month and therefore rendered Judgment for
plaintiff in this action for $50 the full amount OF his CLAIM
and costs.
COURT OF GENERAL sEssIONs-Before Judge BEEDE.
The LIQUOR DEALERS.
Sept 23Ihe greater portion Of the day was spent In
arragping number Of persons arrested IN the dna
Eighteenth. and Twentieth Wards, for selling liquor
without license The following persons from these Wards
on n DSg sSSS ,e until ednesday the 9Th Of
FRoN THE THIRD WARD.-Patrick McFulton, John L.
Seller Carl Roener, William Patterson John Do'eher'
John Linn, aud Mrs Mary Hyde Total Seven
SIXTH WARD-Thomas McGOwan. Total One. 49,
sEvLSrH WARD-lhomas johnson Patrick smith;
John Lynch Denis sullivan John sullivan kdwaTa
Henry O'Bren, Tonges Joost John McRafery, john
Cook. Charles McElroy, Catharine Donahue, Mary A.
Kelly and Mary DAILY. Total Seventeen. -
1ESIH WARD-Henry Straus Herman Holm, Phihp
Smith Valentine Perst Barney Seayerel, l. John Merr
Jacob Lended, Ernest Bernet.
ELEVENTH WARD-George Delmage, John higgins,
Henry Flanagan Anne Mehem, William Roach, PaIrlck
Gil. Luke Beatty Simon Mcl-arin anu Patrick fitz
gerald. ~ r.
THIRrEKxrH wARD-Albert Ganty, Morris Epstein
Frederick Bentsel, John Godfrey and Nicholas STAN
ecker. -,
SEVENTEENTH WARD-John Farlen, John Lee, John
Nc;inpis Thomas Carey Peter Malone, Michael Nc Nuly
Frcderca Schwartz John Smith, John Higgins, Thomas
Higgins and Patrick Mccormick
EIGHTEENTH WARD-Lieut. Flandeau brought IN the
following named persons from this District Patnck
Brady Michael Dougherty ThOs Hannigan, Ihos 1homp
son ihos Dermody John Philips Mr.. Dougherty, Luke
Munna Andrew Hereea, Patrick, Patrick DAILY James
Wallace Csthnrine Fortune, Mary Comfy, Mary Cahll
Bridget Guinness Bridget Mcclure and Francis Murphy
IwESIIEIH NARD-Peter Thaier John H. CorneI
norman, james c. Stead, Henry Thompson Chas Koran
Chas Knapp, VIM. Golden, Margaret Carngan Bridget
Full Mary Carriean and Margaret GaiDor.
Ihos o Conner was then placed at the par, eharged
with tabbng Henry Lewis, the foreman OF Engine Com
pany No 81 in several parts Of his body which injured
lin that he was confined his bed for two weeks ne
defense set up that the oense not committed oy
the defendant but by named Mcintyre VINO was ~
the eray when the stabbng took place This case occupied
souae two or three hours and not concluded until
o'1lo>k, p M., when il given 10 the Jury VINO az a
late hour had agreed upon verdict Adjourned i'r
the day.
COURT CALENDAR-Ths Dsy.
COMMON PLEAs-Nos. SCI, 525, S2e, 1876 80 oJl' o32
SO, 81, $40 54l, 542 5i3 545. 54s, $40 -.
CIRCUIT -Moaday-Nos. l23, l5l, l5z 20 lo3
Motion day Supreme Court, Special Term and L. D
Ditrict Court.