New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-04-14

Dcrcc Of be Suprcme Cont rst Re-, sa', j.; he Supr,,ae
the I'r thgac,~ 81 @1peai-Wrght and others ap
peants agt Miller and others responIeu1', fuskc for
Decree rcrcrsed and ne dctcHdaNt &C. email porfions
% ma, ne co~s be RENTED he Conrt 1lor Tlta LIT
hans o,str n d,c,cc accordiagiy r'm COSTS ~ .a
br'oir INT nrithom costs 10 efther parry 20 "'''
T pne X rel Davis and Palmer Respondents ~.
Sturtevant appellant and s5 other Ike es annellanfs
r. pom oT camses from Judgment order OF the gem
era term of the Superior Court a'udgng 'hu T. Ia,;or
contempt for disobcdence OF iWuncions ior;ny fnex
~ the broadway Railroad NewYork, and ordering "ieS
for such contcmpts; denied with slo oos'' '"' w.
mouonD IL, n,oh.u, and
another respondents. ag Pcee and another aPpenm
Tin respondent agt Porter appellant Burrows Receiver,
&C. appellant agt Tolforl. respondent The SUN au'us
Insurance Company, appellants, ast Inc 'i"yo' N''
New York. respondents
SUPERIOR CoURT-Before Judge PAINE.
Peter Gruber Daniel Sahern , -
Agans, an Officer to recover damages Tor aegeu "".s
full taking of the stock of cigar store No los Avenue
In defense it is said that the property was ukeh on =
small execution obtained by Sarah Dobbin agt mr.
and that the latter owned the store The later was ueou
plaintiff having bona fde purchased the store ana s.och ~
MIR Jeckel Verdict for plaintiff $50 which carries co'''
Plaintiff states tina, passing the street on truck
loaded with timber, when opposite the blacksmith snop
of defendant defendant dragged him off the truck, ana
severely beat him. Action is brought for damages.
In defense it is said that plaintiff on careessy driving
fast struck wagon with his truck and the wagon IN con,
was broken tNat aSN'&
plaintiff to stop till he could get the wagon out OF the way:
but ne refused to do 1t is alleged also, that paint
approaching defendant with stones and that latter used
no force than necessary tn protect himself YER
diet for plaintiff So which carries like amount OF Costs
BABE Belts ast John Fsm@s Caleb D. Giderleeve and Peter
w Langley
To recover S662 charter money alleged 10 be due on
steamboat c. Durant Plaintiffs say that defendants, in
ISL were propretors of land at Srattenpor H. L., near
Flushing. (which laid out in building plosl and they
made an agreement in that year, hire the G. Durant for
one year to ply between New York and Flushing plaintiffs
To find and the vessel and the defendants to pay $40
per day charter, and have the privilege of keeping on
board bar and refreshmen and also collector or
drectorand if any profit accrued over the $40 per day.
plaintiffs TO have quarterhe agreement to be void on
the failure of payment of said $40 per day. and > 800 to
be paid plaintiffs as qudaed damages They say, in lat
part of October the sum now sued for became DUE ana
action is brought for the amount.
In defence is said by Mr. Flammer that the agreement
was made with him individually his private account
that the agreement signed by him John A. Flammcr
4 Co: that Messrs and L. partners with him in the
land Transaction but had nothing TO do with the steamboats,
that plaintiffs failed in their agreement properly to provide
said steamboat with fuel and with hands, and that much de-
lay in consequence frequently took place to the great IN
jury of the enterprises and that he tammerl had given
plaintiff much they Justly entitled to- Ii was also
denied that the $500 to be for qudated damages bnt
be for penalty and separate suit has been brought
for that amount
The other defendants also say that they had nothing to
do with the steamboat with Mr. Fammer in connection
with her In reply il said that he their agent
their business and that the employment of tho
steamboat with view to aid the property Sraten
II
Of the engagement The case is on.
SPECIAL TERN.
Alex ID Munson sgt. Lydia M Munson
Divorce granted.
COURT OF COMMON PLEAs-Before Judge Woodruff
Robert Marshall ast John Smith.
By tenant to damages for alleged injury to pre-
misses already referred to- Verdict for plaintiff ESQ which
carries costs.
Henry Godey sgt Be,t, Brothers 4 Co.
Plaintiff employed for three years AT establishment
defendants in the cutting department lie claims that
there of salary due TO him, and brings action
nu..G. To- Al. IL
ment with plaintiff was to pay him - per week which had
been regularly paid him every Saturday and that instead
of their being indebted to him he them s75 for bor-
rowed money they having loaned him Of SIS and $50
which he has not refunded and defendants claim Judge
for that amount Verdict for defendants $50 which
gives to defendants their costs,
COURT OF GENERAL sEssToNs-Aya a-Besre judge Brpxr
and Aid. WARD and DEsMAs.
THE CASE OF THk TWO POLICEMEN CHARGED WITH BURGLARY
At the opening of the Court this morning counsel for
VIM Kennedy and John n. Smith, the two Fifth Ward PO-
cemen who indicted short time since for burglary
ed that their clients be placed trial The motion was
opposed by the Assistant District Attorney who stated that
the District Attorney wished to try these cases himself
but that AT present he engaged in the Court Of Over and
Termner and could not therefore attend The case was
therefore postponed and the Judge nmated that unless
it twas brought trial during the present he should be
in favor OF dschargng the recognizances from further
spOnsbily.
John White and James Davis two youngsters indicted
for burglary pleaded guilty to grand larceny and were
senenced-Whe to the State Prison for three years and
Davis TO the House of Refuge
Charles Ferguson cOored pleaded guilty 10 buroarv In
the third degree in breaking open the Exchange office of
John Ireland No - Veseyst, and was sentenced 10 be
State Prison for four years. VIZ
John a. Carter, aias Henshaw indicted for GRAND lar
ceny in stealing plate TO the value of s73 from The nre;
OF Miss A. Rogers No 500 Broones ST. pleaded ,u;v
and was sentenced to the State Prison for two years
James Hazard indicted for stealing two rolls of carnet
ing valued at 60 from the store of VIM Rowe Jr No
279 Hudson St. in February last was placed ON trial tn
evidence failed to sustain the charge Of grand larceny but
proved that the prisoner had pawned the carnetny AZ
shopln Sprngst where was found He was therefore
acquitted OF the larceny and remanded 10 prison 10 |
an indictment for receiving stolen goods '
Henry WILSON, young man of geneel appearance was
placed on ral charged with forging check for sooo a.,
the Nassau Bank and causing the same 10 b ~ On
Dir. VIM M Parks broker, Of No 81 WalLst vbo oasha%
H. Dehg al e time after banking hours The check vvas
S ara N the name OF Henry Mende Exchange Broker Of
No 70 Broadway; Mr. Mendel was called 10 The ,d nS
testified that the check forgery w '"~ "
p"y hmaed John Hell swore that he presented the
nye b rrks a. the solicitation of the accused who
eaEe nun nan dollar for the service and subsequently,
took him to Milford, Conn where he maid h oypenses
" toward him. "'e" eA'ie"'e'y "e""
ne defense produced testimony clearly controverng in
80! particular the statement Of the boy and
showing ha The accused at home in Iaurens st. with
m y al lhe tne the boy the check was given "a
a 'i s;I Jury nnereupon acquitted the accused and he
"N' seu' Inc Court the adjourned for the day.
COURT CALENDAR-Tms DAY.
oOpLkIok CoURT-Nos III, T. gosh 244 239, PAS, s63s
2y ~ a, 81 49, 1872 2O3 e2s 225 3oo 3O 3o4,
' 80 3l7 3l9 l55, 1856 1872 262, 323, 32o 3sss
J27. 32s TO 1885, 1851
CIEcUI CoURT-Part Nos 492, 5l3, 335, 1886. 1881.
26I, 81, 294, 405, J2l, 522, 523 525, 526, 527.
Cohsos PLEAs-Part Nos 3l9, 4l9, GAG, 66l, 68l.
o.e' IOO 7is to 1855 Part II-Nos 73l to 737 73s TAO
al, 1i2, IA, 7i5 746. 7i7.
u. ). DISTRICT CoURr-Nos 25 es "a 10 40 40
SUPREME CoURT.-~Special TerIn-Nos g. T. Is. s. IT.
q, 81 "a, %, 30. 90, %, TO- So 81.
MARRIED.