The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-11-12
Marine Court.
Before Judge Thorn psOn.

IMPORTANT TO THE MERCANTILE COMMUNITY.
Nov H. --Dar1s us &raasturgr N,1u-The defendants
in this whole sale dealers in fancy eoods of German
manufacture, doing business the of Maiden
and William street. in this city On the 10th July last
person by the of James Wells went the store Of
the defendants and stated that he intended to open
in Williamsburg and he wanted buy goods to put
into it, and that be had note Of Prescott for $780,
which he wanted to trade off for the goods Wells gave
defendants copy of the note, together with reference
TO parties in Fulton street to the responsibility of Pres
cott The defendants told Wells to call again. and in the
meantime they would inquire concerning the note and
then let hi know whether he could have the goods
mot M Y. :s, II two and T. .S
said he wanted the goods Immediately The defendant
Nuhu told Wells that If he in hurry for the goods
factory he might take them away Nuhu took the note
and Wells commenced selecting the goods in
extraordinary a. to excite suspcons that everything
not exactly right. When Nuhu would the price Of
anything selected, Wells ami his two friends did
not know whether the articles were sold by
his two friends and took with him several articles,
which amounted to about twenty five dollars. In the
meantime clerk of defendants went to Fulton street,
and the reference. The information now received
wholly satisfactory to defendants and when Wells
returned in about two hours for the goods, and Nuhu
that be could net have the goods Davis the plaintiff,
called defendants after and told them the note
belonged to him. and that he wanted defendants to de.
liver II up. Nuhu refused to do so, but said be would
give to Wells if Wells would bring back the goods or
pay for them. The plaintiff is liquor dealer on the
corner Wall and Nassau streets These are the mate
rial facts of the The action is Brought for breach
Of contract In not delivering the goods.
DECISION.
This action cannot be maintained upon the facts ds.
closed upon the trial The goods to be delivered
provided the defendants became satisfied Of the RESPONSE
bty of Prescott the maker Of the note In other words
WAS left wholly optional with the defendants to deter
mine whether they would accept the note or not and
until they determined positively to do So obg toa
rested upon them to deliver the goodsno contract be-
tween themselves and anybody else existed. Moreover
the contract, If any existed, made with Wells and
suit could only be maintained by him The contract
any, was made with him. 1t made no difference who
owned the note the credit given to Wells-defend.
ants knowing nothing about Davisin the transaction
Judgment for the defendants.
Before Judge Philips.
Hunt Us. Hoboken Land Improvement Company
action brought against the defendants for damages
caused by collision between of their boats the Rum
sey and the compliments steamboat Manhattan the
18th OF June last which IL proved occurred through
the carsessness Of the pilot Of defendant steamboat
happened through the carelessness of the complanans
pilot The complainant laid his damages at $500 The
jury after deliberation rendered verdict for the
plant n, of $685..
Fsndleyts L1rkia This action brought for the
recovery OF commits ions So 900 sold by plaintiff for de-
PENDANT. Verdict for defendant
Hoqreo9e u.s. Whikhedd.--The plaintiff in this case
brought action for nuisance against the defendant hs
landlord Who It seemed rented the plaintiff portion of
the house ll3 Elm street The complainant alleged that
dirty water and other matter constantly making
their way into his premises from OF the upper floors
and that II extremely annoying The Court dismiss
ed the case the ground that II had no jurisdiction la
such matters