New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-23
SUPERIOR coUar- Before Judse OAKLEY.

Gee. Cary j. and janice Brown ast Ado plus W Flint
Plaintiffs provision dealers At Toronto. L. G. Ibey
say a at defendant. 30h April agreed through Ar
Moody broker 20 buy 81 them 2o9H pounds Of hams Il
% cer per pound bui aiter~ard refused fully to comply
and the balance ot hams Sold producing s23s ~ less
than agreed price for which amount the action IS brought
In defense il is said that the hams were not offered tobe
delivered within the tune limited aud thsi they bsi
quality, and further that there WIS Ho agreement in VIII
tu end plaintiff under statse frauds cannot claim Corn
pn dismissed the ground that the agreement not
SPECIAL TrRA-BeAre Judge Duer-Dscrsroxs.
William Niblo asi. Jas. L. Smith.
Demurrer 10 answer ovcryuled. Defendant may with
draw demurrer and 20 strike out irrelevant matter.
Mary Walter against Hiram Barney and others
Reference granted, terms.
Before Judge EMMETT.
r. Caldwell AMI Others AT. John Allen.
summons behalf of creditor To appear AMI be exam
n'd as TO whether or not possessing property must specify
that the appearance to be beinre the Iu,e that is
sued the order Motion for attachment denied and order
% appear set aside II Is not necessary in the order 10
saw that transcript has been sled presumed that
both judgment and execution have been issued and If It
shown they have not BEEN the order win he set aside
20 appear j. not sssry confined TO any parcu
lar number Of days but may designate any time that may
WIN. and John Calvin sss Clayton shoards
Injunction 10 prevent the taking down OF buildings in
Centre - The buildings, it appears, are down and
the adjoining parties having claim II any At law Injunction
is notnectssary. Motion for attachment for violating in
Junction denied and for dssolyng junction granted with
cut costs.
Order st aside without costs and restored to Cal
endar
Thomas Dunbar and another ag'. Andrew Hay
Motion tor attachment granted
Befo'e judge BoswoRTH.
Loenzo Higgins samuel T. Armstrong and samuel C. Bshop.
Complaint dismissed without prejudice 10 bringing n
action against Bishop and permission for accounting
with latter in this action.
Charles Kubeus agt Flora Joel and Others-Judgment
for defendant on d, murTer
L. hoy X SIN th agt David Patterson and Giles Shaw
Judgment for Shaw demurrer unless plant rs amend
by striking out his name party and paying his costs Of
the action
Horace Andrews agt. Aston Bank-Judgment for plain
tn demurrer with leave to defendant to withdraw de
murrCr and answer.
Bowie agt Augustus Brahe.-Judgment for plaintiff on
the verdict
John 4. Gleason agt Augustus K. Moen. Demurrer
overruled with liberty defendant TO withdraw pay
ing costs II demurrer
Margaret Klein by her next friend sgt j. and NJ Hentz
Judgm for defendant on demurrer, &c.
TEESa
Before Judges OAKLEY PAHE, DuER, CAMPBELL und EssEr,
NLhemina Heer agt George r Ooerng
In all where the general term IS asked 10 review
questions of facts whether from tri special terms,
whether Of law equity the testimony taken before The
Judge who heard IT, must be presented in making the case
Order modified and ease SEPT back to special term.
Richard L. Smith agt. Abraham Rigs.
Tie recover damages for norpertUrmance OF agreement
sell certain real The wife of defendant after he
made the agreement refused to become party 20 the sale
He offered TO carry out his agreement but tho property
would be subject the wife DOVER The referee decided
favor of plaintiff but the price 70 be pad fully
the worth Of the property the referee gave nominal dun
ages of cents Plaintiff then claimed it being mater
involving title full costs and they awarded MIN by the
Special Term Appeal il made The Court does not con
sider il a involving title, but a question Of
contract Plaintiff himself had title to the property and
the title Of defendant not questioned. Order allowing
costs to plaintiff reversed without costs
Sarah Long Wilhelm R0pks.
- qrp ID from al mad with