The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-08-02

| OPINION OF JUDGE TBONPsOH ON THE MECHANICS
LIN LAw-KTEkEsTlN0 70 OWNERS or BUILD
| Nss, C0NrhACT0Rs, LABoBERs, MATBxlAL MEN
AND OTHERS,
Are keenan, Waller d Cunni,.c han The ma
Eneh 1888 The defer can't ounDnss-n sgrs.d 70 erect
two bunonet for he ceer dapt Waller sg ee,be
.s oas'pss ard Jeois ttoos, ard 70 sonoiess the
sane On or before he twentieth day of May succeed
hbffh wAs 70 furnish at his proper eossp and
charges All manner Of erals aud labor. sesf,disg.
he ,sv.ral s,soaens sbsun The sOasrassor At suy
tine sursE the progress the raid works
the should Rave Il: power to provide material.
shc ~oii men after three days notice ia writlog psiDs
sn to nlsh sAis works AID the expense ~ould be dc
oest.d from the amount OF the tact" In the lore
Isrt o. Nay 1858 Keenan, the plaintiff contracted 18th
70 put =. coats Of paint on tn, saiidog'.
put one coat q paint upon the outside Of The build
irgs. Ncss ~as put upon the inside because this
BY ard between Keenan, and Walter that the further
psu'g Of the houses shoald be deferred until the plss
notice caused b. served BY WaBsr upon Cunpi.s
BAN a. PROVIDED for In their asrssment rsqurisg the
latter to proceed .b more de patch in the erection Of
,sid buildings or the former would prosesd With the
sane himself and deduct ths expense shereo. frou rue
amount agreed to b pais by the ssrns Of said agreement
Upon the scs Of his notice Cunsio i'm
quit the b. About the 10th Of June Keenan, vent 70
waller offered to sste the pais,iag wsea Waller
Informed hin tbas other he been Dyed for
that purpose and the time refused to say Kseean
for what be hac done the Buildings On the 18th
the psni the .nouBs 81 his claim fer psiosi.r
ksessn In pursuance OF IAN act for the bette security
Of nteh.pie, and oher' erect bulldogs and ,a..6
ing materials therefor In the city and county Of New
York. filed notice Of his claim In the Office OF the
Csrs Of the CITY and county of New York. and the
DAY pSties thereof 70 Waller toge her with
. furthor Lo'ce TO appear before this court
tom Day for the purpose Of settling the asouut Of
On The 2Sh day Of Joy 1853 in osedsnse 70 the last
nsnt,cped notice the psrsss appeared before me by
Their counsel ane upon The ial Of the cause
cls'ed In the fad esusee-When Gu. ninshsm ths con-
trss or quit wc.le uson these budins. on the l9sh
day Of Nay, Waller had paid HIM, Ia sash $751; The
whole amount agreed to be paid 70 runnughsm BY al.
Ter, for the Whole jon was 81 600 husA OF the carpes
waller had to have It dore over sgaio. Tue aaoa a
pic BY Waller to fully complete the erection Of the bud
bg scoeoing to the to nus Of the rAst nets ecu hn
., Cunningham sfsr the latter had left the b,
81 21s 10, which INCLUDED the Of $3.50 damages,
arising from the eformanoe of the work mdiog
hsn and Waller The due Keepan for the paint
ng was eS2, upon which Cunningham had paid the su@
be eemsnds judgment Counsel for Waller contend that
inssnuch % Waller had paid to CUNNINGHAM, he.
s thar .s, S IN: tho on the Of a
the d.iesdsnt Waller. L. support Of this position,
cdsd at general term Of the New York Common Pleas
May 1882 In that the Court held that Doughty
cleo lis
-ss made in sosa faith and according to the terms Of
WHEN the Was nads-probaSy, however before
the act Of July IL took effect cannot fosesr here to
Pleas intended 70 apply to like the under
advenent, then, In my Judgment the sdjuasatisn 10
utterly q variance With ,hs spirit Of ths statute upo.
WAS tie Hxd LtsntoB Of the Iegsature In passing the
act 10 render the liable to all borers, material
Of all The ms,eri. provided and al the labor psr.r.si
by them, in the erection Of his budsg, to the extent
os 'bs tpu atsd the original contract And which
or kV
vicus Ijusise appIebeDdsd by the Common Pleas flom
such soDsses:n Of the ast In Its practical psation
to tered into before tho tsok ess may
mace At OF CO TO disappear When contemplate
nent cay in xits the AID tbs
case not drasn up euch . manner TO protect
Tie o. the the sub tractors and the
ccpb.s,or ihs party dra. Ing the Agreement possibly
might not bavs tsy soDprsbeAded the real spvit aud
myort q The statute And here lies all ,hs oihicaity
Of ihe care And Yet ihSn the Ia ooSer. the
foipg nsierialm snd the honest sob conactors b
psjudietd ~ either the sporspee or tire carsansss
dspsytd Ia constructing the scntJAert IL would have
BEEN etsy enough tor the 10 have his contract
mined upon as to sisstusy prseat tue lsburer,
uiuric usy affecting either him elf his original
psetcr, na Uncut driving every burer, who IS not
slIsaSy an as,sd torture foa tne asskst Ind grias
aHsiopoly II al the building TO xeslthy ineo" Ths
&c. referred to vas paced with view Of securing 10
The hone Industry q tie po,r aborsr whose daily toll
tie material the value of his gecss and Of Ii cid
rg both irt N ire dehoaesty careessnoss in5sSiy
Of The fFiit ard intent u the &C. Of July H. snd be-
Lev tia. abe law laid down in the csss Of D,uehy
revelD. wss never in'ardsd by the learned judge,
Who oelrer.c ba opinion in mat to apply to eAes
Ike the p-sens Jayrert must, therefore be g'sso ia
this fer the plaintiff for the Of his elsica
with costs.
Before Hon. Judge Thompson.
AUGUsT l.--Willidni J. Roome v. Sidney II.
StuaYt-Tbs was action for the alleged illegal
detention Of $50 in money, and quantity OF
jewelry, valued at s75, brought by the plaintiff as
assignee Of young lady named Caroline Briggs, re
siding at 81 Mercer street. against the defendant,
police justice OF this city 1t appeared from the evil
dence Of Miss Briggs that she had assigned the pro-
petty in question TO the plaintiff and that on the
l4th Of July officers Paine and Hill came to her
house ard took the money and jewelry out Of her
drawer in her room, and also conveyed her and one
Market, where they charged Miss B. with passing
counterfeit money, but the complaint was dismissed.
1t also in evidence that the property was taken
by the police on the information that 1t belonged to
owned any of the property in the assignment in
question. Stratton owns FALCON at 81 Mercer
street. and Caroline Briggs keeps the upper part OF
the house Mr.. Russell, attorney for the plaintiff,
deposed that he called on Justice Stuart, who re-
fused to give up the property on the ground that the
Sheriff had lien on it. There was no appearance
for the defence. and Judge Thompson gave jadg-
ment for plaintiff for $225 and COSTS
A HoRRYp MURDER IN OHIo.-On the 9th nit.
a most horrible murder was perpetrated In Carlisle,
Lorraine county, Ohio. 1t seems that some difficulty
existed between q man by the name Of Abram Full
mer, and two young men named Barber and Lowell.
There young men went in the forenoon about quar-
ter of a mile to Fulmer's house, and talked with
him. They soon after left About six and half
O'Clock in the evening they returned, armed with
rife and shot gun. Fulmer in the field with his
wife pitching hay. They said that they had come to
fight, at which Fulmer was about to rush upon them
with pitchfork, but was detained BY his wife who
held him. Lowell fred the rifle az Fulmer. but
it missed him and passed through the face OF his
wife, fracturng her jaw in q most shocking manner
Lowell then took the shot gun and discharged the
stantly. The alarm was given by the children, (of
which there three little ones) and the officers
arrested the young men about ten o clock. They
confessed the crime The is still alive. but in
very precarious situation.
WORK FOR THE NEXT LEGrsL ATURK OF GEoRGIA.-
The Augusta Con stituttonolia and Cassville Stan
dayd, anticipating the ascendency OF the Southern
rights party In the Legislature, have marked ont a