The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-07-18

Before Hon Judge Thompson.
JrrY 10 Sicily g. Hoaghey Or tue lo.s hsy is. 'ns
phin,f Esd defendant partners under the hem y
sse', Houeh.y They hello demsrd oil ts'ee huoureu
ard foryiwo collars ard s.veoty cents ~ .iars ono
JAMES Ionneiy upon which there as balance enc ~
both psrbes- uppo ed al hundred and four ooi-
lars spd three On The osy tue "opa'no mp
was nutusl os oved, each pSrnsr taking one hst ia
smount # the debts due 10 the Ths demand
srsust ponlely Was smongst ether, tAtes by skehf;
by ss'ly sgapst pobp.ny Ia this court and ast
smopgst ober thrgs, Douneiy proved on the trial Of
ths' sot that be bad given To Housbe, for the frm
check on the Groeers Bank Tor oLe hundred doiiars
VII CD he Jim had rot credued him with aud tina,
judge Mccarthy Who presided AZ that trial jndg
ment Tor nu.Y for she Of tprtyoDs dollars sBd
ff,y cents which Shelly had PAID The present suit
brought from H.nghey the OF uodred
doiarr UPON The cheek hitch Hougbey received IF
pobpelly snd ~h,cn not credited - him at tia
The set ne cf the psrtnsrsh,p sGsrs Of sksly
l. Hou.hsy the 10th OF Nay together with oee half
the la.u,tnt Ieudered ssDse IN Tho suit against
DonI.lly as 20 much pad by Sicily for and
o Ho gbsy. Upon This branch Of the csss the
Evidence DISCLOSED ths.e act-:-fhs original amouss Of
the claim of Shelly H~uEtey sgsost Dunssy sas three
hundr.d end fo,ty two dosrs ard seventy cents Don
nelly hse gs-s TO ho"sh.y fer no nm 0pe. tai az
dollars Of which ehecks no lghsy present
ed to The bank apa pAiusot VAS refused ihi, casck
soos sfer lot by Houahey AUD noncs gwen 70 tas
bark sot 10 pay It, Upon facts in this the
Court held that b, tho mutu arrangement and oi-.oa
ton q ,he arm Sicily aoushsy tue 10th Of May,
Sicily became he snd holder Of the entire
demand, and I'll evidences Of the demand sga'>t Doa-
p.ly that the giving Of 'hs cheek @heh W., la.t 70
nsnc held sgap.t hico by the firm Of Skey 'NlsasJ;
and that the liability OF Doanely to Shelly still eKists
so far the fcts OF this cooce~asd the check
never hav b.en paid; that there had existed eas
ts OF fscta upon which Sicily Hooshsy surprised tAAs
the rtsl amount due them from Dopneuy Ices tsau
the supposed 10 be Que, then Hougney would
ssIssle - sts, fer The difference. But from the svi
dsnce sere adSucsd. the amount dne thaa
suppoed 10 be due the parties themselves Judzas
iheI sfois rendered for The defendant with cots
Before Hon Judge Mccarthy
AeEn 16-Lymdn Bailey us Dudley W NILS This
srtio IA dn4 lain
settlement Of q psrtoersh,p uansactoa !. appeared
that ps in aud tue deesdant foruels carried the
grocery bosire in jersey City a. partners that in
August 1852 they closed their busine and bad &c lie
mtIt. There ~ss no witness 10 The trausac ia The
defendant was placed the stsrd and testified tat
wbeo be Leaving Je: ser City the paiutn Called
him and $3.50 his hare dsfen liant iosised a.
tie time that there nothing due pin1f but rsthAe
than he nerru ted ia col this debts due 10 jersey
City he proposed give plaintiff $3.50 ia two notes and
juoap against named Woods for SIS which
accepted by plsinti in full sltissctoa TIE udgm-u.
not paid hence this suit Defendant insistsd-1st,
tbst nothing due plaintiff I'd If thog due there
settlement bet-esn ths parties The Court
tanned this view ard judgment for the defendant