New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-30
SUPREME coURT-srrorAL Trnx-BefOrs

Bridget Bartlett agt. WIN. Bartlett
Motion made for reference
IN TIE MATTER OF ELIZABETH M'cARrER.
Motion to confirm report in her favor allegation as to
want of sound disposng mind Motion opposed Decision
reserved.
COURT OF COMMON PLEAs-GESERAL TsRM-Before Judges
INGRAHAN, WOODRUFF aud DAILY.
DECISIONS.
Jndemfnf rerers6d nth c0st rfE Henry GOndier against
John and George Comack Jonas Gurneo sgains, John
Kenny isaac Simonson against John Meyer John Sal
Ivan against Ulysses D. Brewster; Charles sle,nger
against Jane Bushnell; Abel Tucker against James Ger
raghy. James Munson against John Riley Joseph Barn
hart against Geo Conkin.
demeht affirmed pi costs ri. Patrick Bonner against
John W. LetsOn; Owen Matthews against Anthony IRIS
tel; John c. GOttoberger against VIM III. Harmed Fran
cis Reddy against Geo r. Jacques Thos Sparks against
Peer Dawson; John 0Donnell against Ihos W. SMITH
Ihos W Elton against Henry McGurkeni John W. la
german sgainst Otto Hoppeuburgh John Dewey against
Hiram Fisher Horace Gushing and NJ. Henderson; John
Shelby against Jeremiah Cowley Oliver Davidson against
Girosns D0nnadi 2cases; Louis Swartz against John
g. Bendc Jeremiah Fowler against Geo Colyer Jas. A.
Munsel against H-nry Parsons aud james L. Bosworh
John Ferden against Abner Jones and Charles Quincy
AleS Dawson sst John Lafarse.
Judgment reduced 49, 10, with the costs OF trial and
Judgment belOw-no costs of appeal
Lewis Meyer sgt Seba Teenker
Judgment for si5 and 60 Is.
Geoge Loyeti AIT. German Reformed Church in Forsyhst
Order appealed from affirmed with clio costs.
James Muiig sgt Thomas J. Hagan 49,
Judgment affirmed with costs plantin may II ne THINKS
! Oliver H. CLARK ag;. Samuel Atkinson
New trial ordered costs to abide event
Jacob Esselsyu sst. Hlard b. Weeks
Judsm. Mt at special ERIN affirmed, with costs.
WIN. Taggard Clinton Roosevelt
Judgment reversed, referred back TO reere costs
to abide event.
John Ebaush AIT German Reformed Church In Fouyt't
judgment set aside plaintiff wave the Obe tiOn to
appeal and that defendant appeal from decision of
referee
The following abstracts of opinions prepared by
tie Jude e. themselves
COMMON PLEAs-GESERAL TERN-S BASco-Beore Juds IN
oRAHAs DAILY and wooDRUFF.
DECISIONS.
Mathews, respondent, sst. Fiestal, appellant.
WooDRUtF Jusiice-ln action for injury to personal
property committed by WIFE it being her sole act her
husband not being present orin any way asserting thereto
husband and wife properly be eDjoned as defend ns
In this it did not appear by the return OF the justice
IN bat manner he disposed Of material question TOUCHING
the admssiLity Of evidence The was ordered to
stand er for further return on the coming on vi which,
the Judgment Is affirmed with costs.
Kemey appellant, agt GueneH respondent
INGRARAM Justice In action to recover goods which
were stolen and sold defendants wife, she knowing that
they stolen the defendant IN the absence OF any les
tmOny show any knowledge OF the transaction, = not
liable without proof of demand and refusal Where
a witness impeaches himself by admitting the com.
mission Of larceny several occasions evidence Of his
honesty oTmer occasions - not proper 10 sustain his
''''' ssseucre at. Kllppsnburgh.
INGRAHAM Justire.-N here person having mortgage
upon personal property the premises and assignment
Of the lease security turned the same to defendant upon
agreement TO pay tie rent and taxes and defendant
neglected pay the taxes held that pautn could pay h7
taxes and compel repayment Of the same by sciOn
aeaI the dcfendaDt-~uch payment was not volun airy
payment which could not be dered back Apary who
i personally liable for whose property subject to dis
trtss for taxes may default OF the person who ought to
make such payment discharge the TAX and compel repay
ment
WoouRJTF, J.s,ce-Defrndauts in blasting rocks on
tie own lot had right to throw the lot Of the
Plaintiff held BY him as tenant 10 extend their blast
a. rcby 70 split out the rock the plaintiff lot and TO
undermine the foundation OF his house and render !! in
secure -
Whether this IS done negigently or by the Of al
reasonable care the defendants are liable
The ulsuti in such RECEIVERS for hs injury 10 his
rosseson not for an injury 20 the freehold and may
cover for any damages be sustained for Interference
VII ~ ioPsnnsI Respondent, sss Smith, Appellant.
WooDnJfF, Jusiics-Nhere DEBTOR underneath a bill
rendered 20 by bis creditor drew order upon the
defendant 10 terms Please pay the above and charge the
same 20 account Of and the defendant, upon the
rreseIinenf Of the bill and order wrote thereon, II
,oi. 20 nav the above on or before Saturday, o. Nov
-5H and signed L. Held that such order vas bi Of
eY,hs ge ard that the defendants promise not within
the sta ME Of frauds void for the want Of coasidrs
ton expressed in the promise.
ReSdy Respondent, sgt- carper'sr e a. Appellant
WooDkIFF. JHtce-ln an action tor work labor, and
mstersls upon bis employ men 10 DO particular work,
the defendant neither set OF nor recoup unqldated
damages alleged By him % have been sustained by the
negligence " unskalness of the plaintiff IN the perform
snce other work, different time and place having
NJ connection with arising ont Of the Transaction to
which the suit relates
suIEyaa AZ Brewster.
INoHAHAN JuSflce-tne len law, passed July - Ar0l,
applies o. where the contract was made before rs
usfsage If tie labor performed the maerl2s fur
nLed aftervsTd Id not in that respect
The claimant must show that payment has become due
from the before he Is entitled to recover iadg
Of nonsui dismissal Of proceeding on the triA Is
clear to second proceeding TO enforce the same lien
GossseIesT az, HarIae. -
ISCRtHAN, Justee.-Nhere Judgment = obtained Dy
default and defendant shows that he mistaken unl
the day OF the return Of the such error may
be ground for ordering new trial The defendant must
also show that manifest injustice has been done and the
affidavit Of the defendant is not sufficient when the
Is conradisted by the defendant and Of witness
who proves the claim. Where a defendant seeks to
obtain tT under IA circumstance he shoald 10
addition 10 his affidavit furnish the testimony OF Wit
ness 10 establish his defence
Banner agt LsissL-
judgment from Justices Court affirmed, VIII Costs
Tucker sgt Ger1hty. - .
WoODRuFF Justiee-Undsr the mechanics len law, II
is not partial defect in the notice 10 the answer TO appear
in proceedings oreccss the lien that the notice does moi
state when the lien fled
Where sealed covenant for the erection OF building
provides for such alteration and additions as the oTne
may direct the making Of addition or alteration Is moi
such consideration for paro agreement BY the owDe
modifying the sealed instrument vii make such paro
agreement binding on the owner.
Meyer. Appellant, Te1ksr, Respondent -
On trial in the Justices Court the JudgeB not ~ 10
ery TO indulge in loose speculation with view TO do whs