New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-10-24
COURT OF COMMON PLEAs-B.io5s Jude DALI

James n Qumby AIT. COrnelus Vanderbilt
Plaintiff claimed to damages for the failure Of
defendant 10 carry NewYok francisco according
plaintiff pad ~" Tor Pssssse from new nor. 20 S sa
Inc No sndreeeyed three sss, GSeto! pa,ss
tor passsse across tns L az Ia a -, ~. ~ ~ @
aed h March 1852 and arrived on The l a. San Jaan
81 Norte but IN 81 some delay In getting s'2. ta
The vessel that sailed for San Frnesco filled By
sfS 70 ss5 snS t g sS s 4s D -ss "fs
then reformed home by the way Of Chsres tws esned y ais
put 20 Going and also the value Of his time from his
deems, wa. alleged that the Contract wih three different
parties wh Mr. Vanderbilt alone and for passage on h'
toned that psrsse the Ithmus the Accessory Tran
sehuy who the sssr.d oss Of the Indspeaa
oss from delay the Transit with which M Wander
bit bad nothing 70 DO thai PaF Of tas route Gol aIa1S ~ au
were all the ofdsnage was only ths
money ependdhe value of too uncertain to DO allowed
On tie part plaintiff that the Oe. whore the
business Of the belonged Mr. Vanderbilt that the
made by him 20 the p-enseT. on the
rsny hat on Independence although belonging
10 schuys. SIR vanderb' control he accounting
he es.s wss argued BY Me. D.n. OoOdm.n plain
Hh iId M .I.es aaJ vat he he @ question to decide was
800 H. eeatr,et Wa sT The continuous Eoae tom SswYos
10 California o. three that In hs judgment this
was an enGs contract bers hs defendant liable
Sps I Of H. n The eontses he hd % Be- r .u.portss 70
sb, bsror snless excused b. ID. Common Law
exceptions that 10 n such exceptions DID not Apply he
% % ..d pr ois b ds. Of b. o.
the hs directed the Jury that the plaintiff
eped all that he had By the failure Of the
This would include AL the outlay Of
had teen going AMI coming and r
lost BY tbs planins osns oohsd
that esimADg that value they must
condition when he len New
remained az homo that tue sd
would have obtained too remote AaA uncertain 70
neither could they allow for injury
would be remote aud uncertain basis OF damages
The Jury rendered verdict Saturday morning tor e7[o
Before Judge IsesAHAA.-DECisl Oss
Renk of New York w MeOrOrtY-saIns ast lilly.
Motion 10 consolidate two actions, one upon a bill OF
1chn upon pr0moTy The prncps upon tho
consolidation Of suits the costs
prohibiting the recovery OF
ecerv Motions consolidate have been allowed except
parties jointly liable the same debt Motion de-
~ WnHsm Small sst Ers.tas Wheaton.
TwOIHIRDs ACT.
Motion for leave bring action upon judgment Cd
tanned the judsnent entered ne hss
oh.n.d hs undar The Two third act Plan
TN saws be and believes and expects 20 prove tnas me
agdusny obtained that tohifds Of the credt
ors thai dentaat e0Hesseda large amount Of
property. -, c-,--I.-. -. t..v.
xnz scn judgment poFd theA sood eass
he shown for sraDtnF application general teasat Of "a
sufficient The ahdayt should be made
b with the erd al the tscts Get fofh
Motion denied Eas without prejudice ~ TO other aHdaVi
COURT CALESDAR-THs Oar
CIRcUIT COURT-NOs. 3i7i, 359 &c., 30, ls2, 5'S 70
T. & DIsrRIor CouRr-Nos p, n to So inclusive.
SUPERIOR CoURT-Published on Saturday