New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-07-12
LAW INTELLIGENCE.
SUPREME cOURT-srEcI.L TERN-BefOrs Jaise MrrcasLL-
DEcISoN.

W. Moore and Others sgt John Erler and Jul, C. Esr
The said Julia sued as endorser OF a note Inc an
denied protest and notice OF protest An inquest
taken from which IL appeared that she married
womsn aud that the endorsement made by the hus.
band in her name, and there authority TO endorse
or her II also shown that the endorsement for
goods sold To her husband and that she party to
the transaction lnder the circumstances the Judge said,
hsd she properly pleaded, judgment should be given Tor
the WIFE and h ud not BE- given against her for defct OF
pleading contrary 10 the m-ri', Judgment may be en-
tered for said Julia T. il the plaintiff wishes H. "a give
him opportunity TO except and appeal, otherwise no
Judgment " 20 be given
COURT OF COMNoN PLEAs-GsSEEAL TsRN-Be6re judges
DAILY and wooosvTT
LewJ Updse Thomas Campbell npls'ded with Herman
Tie action 20 recover s1ll, rent alleged 70 be due
on premises No. Howard St The principal defense
that the PREMISE had been let % defendants for unas
iu aud Illegal purpose. viz for the playing OF game
called ieupHs also Tor playing With cards and dice NC
bat bowling saloon Is nuisance and therefore unaw
fol- Thinner sgt Trustees OF Albion, Hi, l2)-and
pla'Itu could not recover.
The referee considered the testimony insufficient to how
hat p'snt knew the promises had been hired Tor
lawful purpose ana gave judgment in favor Of plaintiff Tor
DE amount p'iendaot lihonp'onl contends the eyi-
dtnc- have shOvI that he had such knowledge and ap
pest Is made. Argument was presented. Decision re.
served
MA Gs1. GoC CTIn j ,i I P%t"'
To recover rent Of premises No 90 Prince Il alleged 10
have been leased on written agreement by Mr. : who be.
sides certain amount q rent spu sted have made
an addition of two stories 10 the building A an EXPENSE II
- co., he ot of Mr S it said having been TO III
uD asa Masonic Lodge. In defense said that Mr..
went 20 the Office OF the agent and signed the papers.
bit Mr. not being there AZ the time left them for hun
also 10 execute subsequently, Mr. G. exscute the lease,
but Mr. refused 20 carry Il ayerrng that the cbara,
tor OF the property had been incorrectly represented a.
bur, be having been informed that the building had
twelve inch walk, Uhereas the walls but eight inches
in thickness and that the architect informed him that thu
additional stories could not be placed walls Of that
thickness. Judgment for defendant.
SUPERIOR COUBT-Bef5Te Chef Justice OAKLEY.
IMPORTANT DECISION
July 9Heuy J. Oyermann Fad Gruner Peleter
Tbs D. ACOh brought 10 recover certain had
and received alleged Tor the plaintiffs by the defend
ant their agent IN that behalf and upon the afdtyit5
the defendant arrested the ground that he held the
noury the amount Of AZ trustee in fducia
~ acty for The plaintiffs and 10 bring the
within the meaning Of the Code Of l-52 g. arrest aud
bail The ahidavs Of the defendant up that he
principal and the plaintiffs bis agents and contract
wiring to sust sB this allegation, ana that he had from
10 time yurcased vessels his account for the
Australian Packet Line, which he originated and which
belonged to him that for such purpose and pursuant 10
contract The plaintiffs had advanced certain sums OF
money 20 him. taking the vessels security therefor 10
large amount. for commission Of five per cent thereon
that he had r. nbursed them the whole sum- except
small amount comparatively iOr which they -ii hold
curiiy ihe VESSELS purchased by him The whole
matter mott 10 yacate the order Of arrest
upon which Chief Justice Oakley held that from ths papers
before him. and be facts elected thsr-from hs had
t. the cOncusi0n TIE defendant the principal and
the plaintiffs bis agents that he charge Of i've per cent II
10 be merely r advancing money and not for other
services also uurOus and therefore void and that
ndsp evidently Of that although was shown tina, tbs de-
endaL ~ accOLLt for and psy over TO the piantis
daJ tie receipts lOE freight aud passage money
account Il merely matter Of contract. aud not OF
trust beseen the parties ID that ih rfofe the order Of
arrest must be vacated and discharged For plaintiffs,
sanford Porter & striker and WIN e. Noyes Of Counsel
For Del. ndaft Charles T.. Black and Francis H. Cutting
ard Daniel B0gly, Ok e. unel