The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-03
Marine COu {,

Before Hon. Judge Thompson.
july 2.-Lqn;wuthy us. NeU York and Harlem
Railroad Company-About the 9th OF May last an
agent Of the plaintiff delivered quantity Of artf-
cial flowers, OF the value of $ll7, to the baggage
master of one of the defendants cars, at Harlem to
be taken to Morrsiana. When the train rea ched
the latter place the agent went to the baggage car
for the goods, and offered to pay one shilling for
their transportation. which was refused, and fee Of
two shillings demanded Just as the cars were 10
the act Of proceeding the agent then offered the
sum dem Anded, but the continued on their way,
and the goods have since remained in the pJs-
session OF the defendants. Soon after this oc-
currence. plaintiff sent an attorney to demand
the goods VI the railroad company. The at
torney made several attempts to find the super
inteDdent of defendants, going to various OH ;es
where the freight and other business OF the
company usually attended to. The demand
was finally made upon clerk, but not upon any Of
the officers attached to the company. There appeared.
from the evidence to be dispute about the facts OF
the case Counsel for the defendant therefore, moves
for non-suit upon the ground that the notice Of de-
mand for the goods should have been served upon one
OF the officers Of the company-the defendants them
selves. Counsel for plaintiff contended that no de-
mand was necessary since the baggage master refused
TO deliver mp the goods at Morrisana at which place
the agent OF defendants offered to pay the sam OF on
shilling which the usual price heretofore paid
by the agent for similar services. The Court held
that defendants had right to demand the Of two
shillings at Morrsania, and that proof OF different
prices before paid for the same services was wholly
irrelevant and that the demand Tor the goods should
have been made upon the president, directors, or
company, or any one OF them. Judgment for de-
PENDANTS.
Before Hon. Judge Mccarthy.
Thomas kinzis ps. John b. Huse.-This was an
action Tor breach OF covenant for the plaintiff leased
from the defendant the first floor and basement oil
premises No. 0 Seventh avenue, for four years Fl ON
first May la.t-premses to be used as CRATE and fen
der makers shop. Previous to first OF May plaintiff
took possession Of the basement and made extensive
repairs and improvements the tenant in possession
Of the first floor refused to surrender the same on
the first of May, alleging that he had a lease Ia
writing from the defendant, for said premises to ls
May, 1854. The plaintiff commenced proceeding
under the landlord and tenant act to disposess her
when on trial she proved her agreement. The de
PENDANT denied the proceedings, saying that it W.
collusively carried between the plaintiff and the
tensnt; also denying any damage TO plaintiff ant
| Insisting that the acts OF the defendant were no
| injurious to plaintiff Judgment for plaintiff, sl6t
| and $40, allowance by statute.
| Terrence McCdtM rs. W,uiam Kipp.-This wa
action for dan kes wilfully and negigently done
to plaintiffs borseSr March fast. 1t appeared tina
\ the plaintiff drove a. srse and cart, and while TAX
ing In load. the cart being backed up against tn
sidewalk, the defendants clerk, while tackling al
his (defendants) horse, the horse was frightened
and ran away and IL is claimed that the wagon raj
against plaintiffs horse and injured him 80 "a to rem
der him utterly useless Defendant denied any neg
Iigence on his part. The jury found for the plain
til, damages 900, and the court allowed $40 costs