The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-06-29

Before Hon. Florence Mccarthy, Justice.
., jun 27;1yohn M.rd ggsin:t George Gssssis |.
was IN action to recover back t220 purchase money
for alleged fraud in the sale TO the plaintifb bv
the defendants Of all their right title and interest To
the fixtures and good will Of certain stand IN Full
ton market There was written contract TO that
eaect. It appeared by the testimony that the plain
TIN had possession Of the stand Formerly occupied
by one Of the defendants) and fixtures and sold but
Yer iGr Two Gays on the same, and that Afterwards
the clerk OF the market turned the plaintiff or the
stand, and removed the fixtures because plaintiff had
come there without permit from him or the super
intcndent Of the market, and from this the acton
on the ground that the plaintiff had bought &c
stand and fixtures, and right to occupy the same.
The court ruled that there was no fraud on the part
Of the defendants that they sold only what they had
right to sell by the good will and fixtures OF the
stand; that the stand itself was corporation property
and under control Of the superintendent that thu.
permit which the defendant, Scofeld, held to occupy
the stand was only from day to day, and that upor
the plaintiff subject to the action Of the superintsn-
dent of the market and that the plaintiff should have
inquired of the superintendent whether the same
privilege would be extended to him. Verdict for
defendants.
s. Kelley against Donndly.-This was an action
70 recover for work, labor and services rendered by
plaintiff for defendant in tagging premises. corner.
OF Twenty'sxth street and Second avenue. Plaintiff
caiied as witness his former partner, who proved
the work. but admitted the receipt of two checks Of
800 each, on account, but claimed balance due Of
after crediting defendant with six tons Of coa
proved an overcharge of from two to four cents a
yard for the laggiug making deduction Of thirty
odd dollars. The defendant was called to the stand
and swore positively that he gave the plaintiffs part
ner three checks the Grocers Bank for 500 each
on account Of this work which were severaly paid.
Judgment for defendant, for $3l so and COSTS
Before Hon. Judge Thompson.
ACTION TO RECOVER MONEY PAID UNDER THE STA.
TUTE AGAINST STOCK JOBBINa.
JUNE 28-Dedn against Hamilton.-In this case
wick, gave Hamilton 800 for the privilege of deliv
erng to the latter sixty days after date hundred
shares Of Erie railroad stock, each at SO per cent.
A. the expiration lion Of the sixty days plaintiff offered
ton refused to receive. suit was brought IN this
court, some time ago to recover damages for the
breach OF that contract. The contract being de-
clared void, on the ground that the stock did not
as the property OF the plaintiff judgment was their
rendered for the defendant This action brought
to recover for money had and received. 1t was also
admitted in this suit that the contract was void The
question then was whether, under such circum-
stances, the 800 paid aforesaid could be recOv-
cred back by the plaintiff
The Court decided that the statute declared ALI
such contracts void, but not Illegal and that there
covered back Besides, the statute expressly de-
clares that money paid under the statute against
stock lobbing may be recovered back. Judgment
for plaintiff for 500.
Before Hon. Judge Mccarthy.
Ryder Us. Sm,th.-This was an action to recover
$l23 for clothing furnished to defendant and to one
Pindar. It appeared that before the articles were
inquire about his solvehcy, &c. Defendant repliei,
500; will see 1t all right" The defendant pleaded
the statute Of frauds as to the goods furnished Pin
dar Defence admitted. Judgment for plaintiff,