New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-27


oisim having hssn assigned g. p'sintf
~ dshns re chs gts against Capt l.. d-ni.i !,
i also coi'c Ssd het nothug be assigned thu
t etittt a. dt a. the e.ber owner se not b aat fsf
any az OF yrkrfiess the rarf OF Capt r. the qaes
ton leng vh her the coneci to convey ars n g. san
dnc SEQ htc teen broken through rs fault 81 Mt. Ms
Mott gave i,s;uory, showing that the Captain ~ found
fault with her taking much rarEater IN the m)ruing
10 ssh Wih and aferwai IN various WAYS bysea ling ~
bis wife 10 her founding her feelings asn visiting
her the hotel al Rio the day previous the vessel STAT
ing in which he spoke harshly aud told her he woad be
rracesd in the voyage under the protection Of gentleman
Who had been introduced 10 her By American rm 81
RIO 1t said that this gentleman 90 The vessel being
about TO start midnight offered 10 90 on shore TOY Mr
NJ but that the Captain told him he did that ne himself
u s:iCr e, J@ e;S.d sO sssPS.nAco
The plaintiff Ssth December. 1851 Little before dark.
f through the fourth story hatehway OF No - rsSrs
the lower story receiving considerable injury he
brings action against the Propetos OF the store aner me
ordinance If the Corporation requiring stats to be round
def il said that plaintiffs had been engaged with
Others, in hosting up tobacco and was requested aeF
getting through to secure the hachways which he neg
lected to do This denied. Sealed verdict
MARINE coURT-Bslors Judge MccARrn.
John Gsylsr at Humphrey Cray
To recover damages for alleged assault and battery.
Some difficulty occurred about money matters and defend
ant it is said seized attempted to seize hold Of plain
th by the nose. Judgment for plaintiff $40, without
costs.
spsndins Powers az Mag ct al ,.,n.
To recover for materials and repairs OF building in
Anns' In defense was said the eonraetwas with other
parties Judgment for plaintiff, s2oj being amount.
COURT OF COMMON fLEas-spscr.L rr.S
Before Judge DAILY.
DECISIONS.
Thomss Downing Bradley Goodman Francis Du.yee.
Martin Adam Prh Daniel sker Joseph Cennins Lorenzo
Newer John Levy AloazO Williams and Thomas Osrien
Plaintiffs. caterers for partes claim to have been EN-
poved TO furnish in March 1885, $50 suppe for enter
iainment termed The First Grand Annual Ball Of the
Morgan and Webb Alderman and Assistant Seventh
Ward Association. held at the Chinese buildings The
bail interrupted and but few of the company paook
of The supper Plaintiffs brou gh action against the whole
OF the members OF the Committee Of arrangements the
ueInes sppeatd in the circular for the Ball. 70 recover
ss7 being the amount at IS cts supper esS go %
which they collected for suppers from the company On
the trial various defenses set up among them that
several OF the parties named the Committee not
are Of intention place their names on the circular
and il was done without their assent verdict was rem
der,d in favor Of plaintiffs against AL the defendants Tor
sl66 as Motion is made behalf of Mr.. Martin. that
the verdict be aside All the defendants were on the
Committee of Arrangements except Mr. Levy; VINO was
one of the company and il commended made HIMSELF
by his acts. liable, which was denied
Judge d., in rendering decision stated that IN order
10 maintain the action II essential to show joint IN
dertakng. The fact that party IL one OF Com
mttee OF Arrangements on sueh an occasion Is NOT sum
c nj TO hold him The contract with plaintiffs was made
with the defendant Duryes and unless he was authorized
by all the rest they not jointly liable 1t docs not
make any difference that OF the defendants let It go
by default In pa tnershIp any of the partners usn
ely bind the other but this is not partnership as
~
parties in such this be bound, Il their coming
/, eeher and acting and the vote OF the majority binding
the whole II does not appear that the parties ever came
together in this had been called together George
W. DuIyea i. Duryea ami . Brien met and acted a.
Committee of Anangeme ns-O Brien, President, q. w.
Duryea Secretary and Duryea, reasurer-but does
not appear that either Of the other members met with
them.
The plaintiffs the Court said having failed to show any
Get of Martin from which assent 10 the contract for the
SUPER might be fered failed TO prove joint contract
on he Iari of all the defendants and the motion for new
tIial must be granted.
The following cases, during the opinion were cited by
the Judge
ri r. a. Sprin gfed ed OF 1853 lst Sanders IT, ond Ey
lfJ : c "a OF the Code.
To show though some Of the parties may have permit
ted default the cessity Of all the defendants entering
to the contact Elliot VS. Morgan Clarington and Penn
334 Robson agt. Gardiner 9 &. and Il. 456.
7 o show il is different from partnership Clark vs.
Rcd II Peck 446; Chandler VS. Branard II Peck 2sd
fl,mI vs. Hector Mason and Wesby III Colyer ON
Pant C..
To slow that there must be meeting &c; Fleming vs..
Hector, Mes wills. Ill the Baltimore Turnpike
Biz n,y 4sl Grindley Va. Barker Ii. and r 236 First
Psrsh in Sutton VS. Cole , Peek 2if Andrews Graf
ton, New Hamp. 800 WoOlsey W. Iompkins % Ws1d.
254.
That where member assumes to act without authority
he does 70 on HE respons biy Fleming W. Mees
VI lion III Chitty Contracts 9Th Am. ed. 2ll Deaa
ney W Strickland S,mke 40 Duke of Queensbary vs.
Cullen, Br Padm. Gas 1896.
Us DISTRICT ATTORNEYS OFFICE.
FEMALE DIsERIERs.-A warrant was asked, under the
r atv on hall If the Bremen Consul Tor the apprehen
zion Of two females ldeseiios) who had shipped stew
ardesss board the Bremen steamer Hama, formerly
tie United siates Of New iork but who deserted from
tie steamer arryo here The warrant was granted
hut the ladies not arrested.
COURT cALsNDAR-Tbb Dsy.
CIRcUIT COuET-Nos l59, - 49, 81, lOi' l6f lo' l0'
tn 10