New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-11-21
La W INTELLIGENCE

pura ClnPSELL Do,wosra EMxEr aad HoTTs.a
Mi Stephenson .rt The sewYors .nd HAl,. Railroad Ca
BoswoRTH. THE plaintiff. physician and slrgeos.
upon I. Tebai. who injured by being run ovor by
defendant cars The services rendered upon pre-
viOus promise Of superintendent OF the Company hS
the latter would pay for them The powers OF the Sipsr
niendent according to the evidence gwen 81 the ta re-
lated solely 10 running the trains a. prescribed % me
COMPANY EMPLOYING men for the purpose and providing
for the accomplishment of this result He had mol. oa
any other sson employed physician or surgeon ne
had been held out by the Company as having ach aa
horty ard bis in this had not been ratified by
the Company IL did not appear that fenat was Injured
by the negligence OF defendants The plaintiff was non
suited. and from the Judgment rendered he appeals.
judgment appealed from affirmed, with costs.
weserelt 4 Bog,r .gt Msrk Levy
BoswoRrH, J-One Pgrss contracted TO erect build
ing for defendant and did balance OF 1851 81 be-
ing due Purss lie assigned the contract to the pis.nis
they bring this action TO that balance. The do
Tense that mechanics and msterlL-men claiming to
have liens for labor aud materials had taken the proper
steps 10 create lien the house and lot for such sums
a. they should prove TO be due on their claims which
amounted TO than the balance owing by defendants
The did not aver did defendant prove, that
these claims actually valid, and that the amount Of
them was actually owing, but merely avered that tho
proper seTs had been taken to assert the claims and Gro
ate liens for such sums IS mis- sPear 70 Do due Juis
ment was give in favor of the plaintiffs for tho amount
due. and from that judgment the defendant appeals.
Held that the service of notices under the lea
law and taking such proceedings as 10 Greats lien IA
favor of the claimants for such amounts they shall
prove 10 be due is no bar to action by the original
C. nracor against the owner being shown that such
D
claims valid that anything actually due on them
Thomas Patton ct al.u ~ V weserselt
BosvoRTH. This was an action Tor falsely returning
three ox cutions KuHa iona The defense that two
or three executions held by the Sheriff when these
hs hands and that the property was only sufficient
10 satisfy Of hem being in favor OF Iyse which had
been satisfied, and let surplus OF some 50. which
was apIcabet the other being in favor OF Icr. The
plaintiff insisted chat the 70r execution was dormant
and the Sheriff was 20 bound regard that the TJier
payment confessed with interest TO hinder delay and
deraud sdors that the Sheriff had been 80 notified by
the plaintiffs while all the executions were in hands
and therefore that facts might DO proved this trial and
If proved would show the false and the PLAINTIFF
entitled to recover The Toler execution had been acta
ally returned HVa bona before this acton was brought
The plaintiffs nonsuted and appeal from the Jud3
neut entered on the DoDsuit
Held that the Sheriff not bound TO treat tho Iotr
execution dormant that the plaintiffs could not show in
this action that the Toer Judgment was confessed with in
erest to efrsud creditors that the defendant could not
Justify the return upon the plaintiffs executions by show
ing that the Toler execution to DO false That ia order
e. Justify a return of RHAa b0Hd where the debtor nd
evabe property he must show either prior execution
fully executed and application OF the proceeds ~ the
property upon it, such prior execution in his hands I'M
returned aud the power and duty continuing to Apply tho
rsmair ing proceeds upon H. Judgment reversed NC"
trial ordered, with costs 10 abide the event
The Mayor Aldermen Commony Of the City Of NswYors ss
49, Philip Msbae others.
poswoRTH, IA lessor who has put his lossee IN pos
session of the demised premises and Turing the torn tor
tutousy inorieres with the beneficial enjoyment oil the
p mses but does not do any acts which amount 20 to.
or partial eviction when suing to recover the stipulated
rent be subjected to recouPneat OF inc damages
resulting from such conduct The remedy OF the lessee
Ly action for the misconduct in which action no VIII Do
entitled to recover his whole actual damages Cram o)
Dresser Sand, s C. H. 1885, reconsdered and approved.
Judgm, Mt affirmed with costs.
George Webb ". Henry Goldsmith and Leon Goldsmith
! BOswoTH IAN acceptance by the payee aud holder
of from the makers of IT, before maturity aud in
full satisfaction OF H. of note made by third person.
though for a less sum- is a valid accord and satisfaction
An ndorser OF note thus settled aud compromised.
vile takes it with notice of the compromise, cannot re-
cover upon it.
Judgment reversed report of referee set aside and
der reference vacated no costs of the appeal allowed
TO either party Answer may be amended in twenty days
and costs prior to the appeal to abide the event.
Anibonyc Wagner sst Charles u Quincy
Injunction dissolved.
Mcn John ssi The A.riesn Mu,u. Insurance coap,ns
Policies on liz insurance can DO assigned Judgment
for plaintiff, with costs
Order reversed, with liberty to amend complaint Costs
" '''1' wm Tos,en AZ, Eli.b. Ruesm.a.
Judgment reversed rule Of reference vacated costs -
Charlie, T. Hrehsra az. joseph ROeAslan.
judgment ethrmed. with costs.
The codAs'0a and oas ,s George white superintendent
Motion Tor new trial denied. Judgment for plaintiff
Ccrnelius :. sullivan VIM A Wo0twAd
Judgment affirmed for s355os, and interest from 'sh
'''''D' 49, by J,iss Emmett
On judgment obtained in Mississippi. The Court con
slider. tie proof Of the judgment sufficient AS the
identity OF the defendant tina, question u not brought up
4
~ CSssiaxrsa az White. ct al
TIE Superintendent Of Streets after posting notice that
urless qUcuty OF pig iron which had been unlsten at
one II The Piers sh0Hld be removed within three days
wOuld be the pdoLc yard eay in the forenoon Of
the hind DAY the wOlkmen commenced TO remove H. and
plsut6 had 10 pay considerable sum 20 get back. lie
brought scit for said amount and recovered verdict
o. sst the >upeDte uant Xe Of between $500 and $500
Aosion is pade tcg rev lris principally the ground
that TIE ias requires membranes 90 be removed within
certain Gue sSreeaoy TO notice and that the notice IN
aralt iA notice
wss n,sde BY taste ui0g il up post OF the Pier The
Rrs ~ ee blown down and the second, which stad
twenty gour hours posted afterwards The Court said
suit must show that se exactly eOnioFmed TO law Judg
unSnL or plaintiff shhr med
Corusia. Sullivan at W. Woodward.
fe recover rensou said 20 have been obtained
hy defendant oa papers procured from plaintiff it is
alleged by wronS representations owing 10 which repre-
.euislious plaintiff agreed thai defendant should reIain
three 4aagrs OF What nc received He received $500 and
psid rsna slgS On the trl the Jury found the agree
a ct 70 Be void and that defendant entitled only to
fog his services ard rendereda verdict subject
wSn Judgment for plaintiff affirmed for sJ55 and interest
SUPREME Court
Judge Roosevelt held Special term on Saturday fore
sssa sa dsS'sies' wee rendered
COUNT on GENERAL SESSIONS Judge Berss
Sarah Newell y respectable appearing woman, was
psssa ehasssd with plkns the pocket Jesvm.n
90, 60 .u.aa eAarss aud she va. acquitted
man named John Smith pleaded guilty TO grand lar.
., NJ 81 hsaawsy IL Was msaas 20 s 81
levy Weeks and james Hasey were placed on trial
etrsd wa Aueekns down and toebns John sv
sAs say.
TuE POLICE COMM SIoNERs
This body met Saturday afternoon at o'clock, In the
Of the Board vi Aldermen for the parPoe fsx
auy frr.eui Judge Reebe wesserve The fol-