New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-15
COURT OF COMMON PLEAs-srEcr,L TrHx-Besore
Judge IssaAHAN

Judge IsGsAHAN
DECISIONS
Bbfa Ann FISHER sgc- Rynier Fisher.
Divorce granted on the ground of infdelity.
NOTE ~ NAN AND WIFE
Zeba r. KeeheeE AID othrs at; John Wright and Lorn-
On note made BY Mr. VIE y. ;,so-..s Nv nj. s and
BY latter passed e plaintiff Il up By de-
iense IA M .As under eoyertare at TIE time she
passed the note mat one OF The parties he wife of the
others aid that the making and delivery Of the note by tie
husband 10 che vile was aunty and thar such delivery
yold and OF no erect The Coar said il inclined to
think the answer coed II defendants we're married at
the time no valid contract could be made between them
the part Of plaintiffs. that the enforcement by the wife vas
the act Of the husband and his agent is
win ue ana with tie fact that tie wife Is s1ed
a. ncorser but even the be detective the Judge
sad, IL Is not demuabe We have rcsea,eiy sld that
under the last amendment Of the Code that does
not seup counter claim could be Gsmarred % Juds
uert for defendants on demurrer
Michael Byrne at James T Berthe
Motion for new trial denied with 80 cosas
s. w. Judsoa sgaiBs, l. Brown and another
JIdsmenf for plaintiff on demurrer with leave TO de-
resnt to withdraw demurrer and answer payment u
Cook asf l. Brown.
The snswer must Be amended to specify nature Of
Friedner sst Nathan
POINT OF PRACTICE
James Haughey and others AIT Martin HUI
Defendant IN answer, deses on information and belief
meDi Of suit To hist denuncd that denial
OF any allegation IN the complaint snd matter
tttnting dticnse The Court doubt
the is defective bat an answer though defc
tive, cannot be demur.d tn The remedy either to
strike out or move for JUDGMENT the peadinss The
counterelai Judgment for defendant on demurrer but
without prej1dice to motion to strike ont, &c
John J Levey ast WIN. Dibblee.
Receiver granted
Patrick Kennedy. assignee, agt. George Bradshaw.
Torecoyer claim Of asa assigned by john Kennedy,
beng balance for some marble materials placed IN two
houses in Ssts between Fourth and fexineton-ays in
adj AZ he Ia nnf0
the houie at the time IL appears that Mr. r. owned i've
lot. en- Sltt he sol them to Thoms. Larkn the latter
TO receive OF Mr. advance Of 5000 and erect honses
of specified description the lots GYM. 70 Mr.. Brad
shaw mortgage the properly for the purchase money
not finishing the houses Mr. Bradshaw do and pay
to Mr. Lsrsn surplus Of proceeds If there should be
the properly The houses came ultimately INTO the pos
seiCn Of Mr. Bra ishaw The price II the mantels
tended that Kennedy did the work and credit
Lskin and tina, be Mr Bradshaw had nothing do with
the transaction between Iarkin aud Kennedy l,scon-
the mAne and also that he made subse luent
promise to pay, which are denied. Sealed verdict
Kennedy sgt. Bradshaw.
On q claim rs 70 services in erection Of build
nss already referred The Jury could agree, and
we've discharged.
L S. DISTRICT COURT-Before Judge WOODBURY..
Case Of Capt. Fitch.
The testimony in this case charge OF snug
cling steamship Washington. bat denied already referred
hrenoon proceeded to up
The District Attorney bis remarks aid he desr-
Of producing testimony support the character OF Mr.
Cooper but unable 10 do account OF the Court
shng the testimony closed Friday. The Judge said
the offer had escaped his attention, or he would have al
lowed IL.
Tie Court in It's charge said the principal witness the
case Mr. Cooper and for the Jury consider,
from the testimony and the circumstances whether case
has been made which shows beyond reasonable doubt
that Capt Fitch known gly aud wiuy concerned
pousy landing goods from the Washington into this
pou testimony in order 10 do H. mus; be reliable and
nom what party puofsses OF his knowledge and not
ON hesrsay In proceeding ns the shpt would only
be neoeaary show the goods had been Unugged The
jury after absense Of about five minutes, returned
dici of not guilty