New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-30
he governed by u evidence snd tae rules o law pPo'

sm,nt l. rot a. Gar ,s.rt the weigh. OF ev len"e
ihs' the end NJ o. the C,urt below oaghs 70 Dc
on appeal
D,regsn sgt DcDsdi 49,.
WOODRUFF, Justoe-la &iiioB for wroogini o-'en-
ton snd CONVENTION Of plsiaf goods, II an &c rson
iul detention j. proved evidence OF domsn1 oy
ps tiff b. fore suit brought il necessary rs deienc'
sni original possession vas lawful
Same Sst
NOoDRrfF, Jrsoce-N i-A rent "a pay2Dle VA Adv
TIE right OF the landlord for the period Ct the
ienst sctus occup alton after rent becomes psysb-s no
deiesifd by the dsEosesson of tho tenant under tn7
statute uBtl middle Of tbs quarter.
Munse sst. BosvorthL
WoODRuFP, Justice.-Ihe evidence in this case was
sufficient sustsn the finding of the Court below Jadg
rnent affirmed with costs.
Schwartz rssps sst BsndeL app.
WOODRUFF, Jusnce.-It seems a sufficient ground for
Diminishing appeal tina, the notice of sppe> does not
state the grounds thereof The Court on appeal have no
power after an appearance by both parties and trial b.
low TO order new trial upon the groued OF newly dis
covered evidence 10 this Judgment held not ins
the weight of evidence
Action for injuries 10 real property When the plaintiff
ntemauitd With his present wife, she was IN posses
sion of the land her former husband having died ntesse
DALY. Jusfice-Sae was in possession guardian Of
Der infant children and that possession continued after her
marriage with the plaintiff. He though LIVING win her
upon the premises had not such possession as
title him 20 maintain respsSs. His wife should have been
Joined with him.
WooDKUFE, Juetice-The husband and wife nigh. have
Plaintiff having recovered jud gment in his own name
for injuries done Held that the judgment be affirmed
with Liberty . the plaintiff if he SO elects to amend the
ton may be brought in the Marine Court as possession Is
sufficient TO iintain il against mere wrong doer NO
question OF title is involved unless the fact OF possession
i ia dispute which not being the case here the Marine
Court had ju isdiction, all the Judges concurnng.
E~llyns sss Week E4 - :.
DAILY Justce-Sec lac of the Code does not apply IN
the case of note made before the passage of the Code
but such governed by the statute of limitations
previously in force The Of Ward Thomss Barb
445 dsst FROM three Judges o00currng where the
cepse set up is that the Of action did not accrue
within six years the plaintiff not required before the
last amendm. Mt OF the Code to set up new promise IN his
replication; that did within six years suih
Gent and the question Of the mere promise matter o ev
dence Ingrsbam and DAILY concurrng Woodruff dis
seniing.
ISGRAHAN. Justice-A comPsint upon note merely, to
which the defense is the statute Of limitations under the
banking act is good and yet may reply new promise
Where the defense is a discharge in bankruptcy new
promise only available when made to the h. der of the
note and the mast be ASST gned TO enable any o.her
party upon it, Where tho ndorses OF the note to
whom the promise is made assigns and beco nss
witness to prove it. he is aSgnor within the meaning OF
Sec Of the Code and the defendant has right to be
witness to the same matter ,.,,
IYGRAHAs Justice parol ayr, enent for renting real
estate mace for year TO at future time
Lot void under the provisions of the Revised Statutes
respecting fraudulent conveyances.
Where possession is taken under parOl lease void by
the stQfufp tenancy from yea 20 year. anl
cannot be terminated by either party except at the end of
the year p8r0l agreement for one year t. commence
IN future is not void under the provision of the Revised
Statutes declaring certain contracts void which not 10
be performed within year from the m king thereof
Ebaueh AIT German Reformed Church
ISGRAHAM Jusce-l is too late TO object 20 the rregu
aiv of an order Of reference after the parties have up
parod and proceeded with the reference before The re-
erse II necessary that the judgment should be en-
''''u " VIZ '''' Fisdon sst Jones Quincy.
INGRAHiM Jus'ce-Whore goods are sold upon aa
agreement take note of third party in payment and
deliver after receiving the note, the vender has no right
the note is not paid maturity to return s and demand
payment of the goods from the purchaser. Where the
note given by the maker to the payee upon promise
deliver stock for at future day and the psyee passed
the note third person to pay proceed mt debt or tor
good consideration the might Toe recovered from the
maker although the person to whom the note trans
ed had nOce OF the promise TO deliver STOCK Tor the
note before he received 1t.
JNGRAHAM Justice Proof that dog had bitten keeper
and that had been said he had bitten person before il
not sufficient evidence TO establish that he accustomed
to bite so rs to- render the owner liable.
ISGRAHAM Justice-N here a landlord agrees with the
tenant allow him certain privileges in the use of Croon
water the yard woodhouse &c and atterward deprvos
linn of the OF them, an action may be maintained on
The contract for damages therefor Such claim may be
assigned and an action in the name OF the assignee
ISGRAHAM Justce-Where master has knowledge that
his apprentice, who is such, employs physician and
ssens to such employment he is liable for the service
rendered condition in the indentures that the master
shs not be liable for such service il not communicated to
the physician would not under the circumstances of the
case relieve the defendant from liability.
schleninser agt Bushnell
Judgment reversed.
ISGRAHAM Jusce-1he voluntary absence OF the de-
PENDANTS attorney attend 10 other business for hour
after the time appearance in the service of the
is not a good excuse The defense Where sppeals
brought On n Judgment by default and the defendant ex.
cuses the default be also show by affidavit that mani
fest injustice has been done by the judgment rendered
the Court will not order tri ordinary affidavit of
merits is not enough the of the defense any
should be disclosed.
DAILY Justice-Pa nuH proved that he worked for de-
PENDANT nine weeks as carpenter wages at the time
fourteen shings day that he was good workman, and
upon this Dyina facia rested claiming s24 balance
The defendant then called witness whoswore plaintiff
was paid in full at the rate Of ten and twelve shllngs day.
which he him take and go away az appeared 70 the
witness satisfied 1h9 Justice gave judgment for the
plaintiff for the full soount. Judgment reversed.
Dawson sgt Lsfarge.
Ia,rge defendaot being indebted TO plaintiff and plain
iih being indebted In equal amount to Weeks. the
plaintiff requested Weeks TO 90 to Lsfarge with his BILL
which be did Ind LaaTge agreed TO pay il, and Weeks
payment Of pntis claim against Laarge 10 Weeks that
Laarge by hs promise to pay Weeks became bound 10
him that twas not promise to pay the debt OF third
person void by statute but promise 10 pay bis own debt
Ia a particular manner; that the agreement OF
Weeks 10 charge the debt due hm by the plaintiff to La
fsrge might not Of itself discharge the plaintiff from his
rabityto Weeks but where il coupled with an ex.
press promise by Large made AZ the plaintiff request to
nav Wskss claim against the plaintiff operated both
respecs the claim Of Weeks against the plaintiff and the
claim u the plaintiff against Laargs as an accord and sat
isiaCtion. o
DAY. Justice To for time lost by the plaintiff
worlanen on building through the defendants neglect in
not turn hing materials il is not necessary for the plain
III, ~ .bo tat he has paid the workmen for the last time,
if IL appearthat he was liable 10 them Is sufficient