The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-31
Common PIeas-Hencral Tern.

Common PIeas-Hencral Tern.
Before Hon. D. p. Ingrsham, First Judge, All
Judges Woodruff and DAILY.
DEC. 30.-Hm Erdm %. Rossen.-Judg1ent
affirmed with costs.
Ehh Is. Mtyr.--Ingrahsm, IA Justice
should not adjourn . case after the plaintiff hes
rested TO enable the defendant 70 procure evidence
which he might have obtained prior TO ths COR
mencement q the trial. Filing Pss~. - create z
to an action for the value Of the goods against Tic
purchaser. Judgment affirmed with costs.
.I1PPleby rs. Srang-Daly IA Justice = en-
expiration Of the time named in the summons, and
where, upon the plaintiffs proving his cAse. the jus
tice renders Judgment, he mas no power to e6er Il
upon the defendants coming immediately aftsr and
asking 70 be let in TO defend. Judgment affirmed
with costs.
HarpeH rs. Ltvin.-Ipgrsham, J-whers q
plaintiff calls the defendant a. Q witness 10 prove
the plaintiffs claim and soch defendant on cross-
examination, in bis own behalf, proves . counter
claim AZ q set off In his answer the plaintiff may be
examined In reference TO the evidence Of the d
fen cant on the subject o. the eounterclam. Judg-
ment reversed with costs.
Thompsow and another cs. tVaiter.-Ordsr ct
chambers affirmed with ten dollars costs, TO abide
event Of the suit.
Aldrteh %. KschSm & a.-Judgment affirmed
with costs.
Fish vs Po1s.-Ingrahsm, J.-After the retsrn
10 made on appeal II either Of the parties ID A m
FAINT, q motion TO compel an appointments Of the
not to be made unfit after the return, unless some
special cause be shown therefor. Order at special
term affirmed, without costs and without prejudice
to the renewal OF the motion hereafter.
Jacks cs. Day,yn.-Daly ia check IL bill OF
exchange within the mesu,Dg Of the statute author
iz.Dg recovery upon y lost bill OF exchange when
tie bond Of indemnity. required BY the statate, y
rendered to the defendant upon the trial, and part
If tha IF ha
giver.
The 9iet,m in Cowens Treatise, that il . bill
81 exch ~ lost after action brought, no recovery
car be k4Mpon 1t without producing the instru-
msnt snown 70 be errone ,us. Judgment Reversed
with costs
Gilespie &. Dean o.. Durand.-Ingraham IA
party who purchases goods ia bond y not liable for
demnrrage until after the vendor has obtained
permit for delivery from the Custom House. Tho
consent Of subordinate In the employ OF the gev-
eminent to such removal, before the proper papers
the rule. Judgment reversed, with costs.
Hanche rs. BakT.-Judgment affirmed. with
costG.
Daguid Us. Ogiire.-D DAILY, J.-whers cause
the purposes Of justice equires IT, reopen the eaoe
and hear further testimony. Where . plaintiff
who claims to recover fOr &c vices rendered, gives
his prommjss0ry note to the defendant long aner
the services are rendered, and pays II when fAlg
due, 1t creates presu npton that no previous IN
debtedness existed tie part Of the defendant 70
the Plaintiff; but when the defendants az Amtne-
tion it appesrs that tho note was given Of the tenn
polsry oan Of sum Of money by the defendant 70
the p ain.lf-b held, thai the presumption WAS 10.
moved. Judgment affirmed, with costs.
Marsh vs. Wheaton, Order appealed from m0di-
fed, SO far as to strike out the fourth paragraph q
the answer and In other respects affirmed, with
costs.
Psrya and ,c;fe rs. MoRer.-Ingraham J.-Ia IN
action for damages from tie bite Of dog, an allie
CATION in the peadings that the plaintiff was In
q place where ne had no right TO be, does not put
the title TO land in issue 20 as to entite the plaintiff
to costs APP cal dismissed without costs.
Mowntfcrf us Hughes and acknowledgement 70
vers d with costs.
Dougherty vs. Gallagher Judgment reversed
with cost.
S.ikmonn ps. Alen.-Judgmsnt reversed with
Watts vs. Cieaveland.- Judgment reversed with
costs.
Sunivan vs. Conn., Judgment affirmed with
coste.
Bultr ps. Hudson Rtper Railroad C0nspany.-A
package delivered by traveller to be carried on a
Railroad TO his place Of oes nation, u not necessarily
to be considered baggage If not SO represented or ~
put up to deceive the pers IN to whom Ii Is Do
lvesed. TIE carrier may charge freight on sueh|
package and If lost snould be liable, If not intended
by tire traveller to be treated rs baggage. Judg-|
nett modified, and judgment Of dismissal 0f c,m3
plsIt ordered without costs, appeal, 10 either
parry. :.
cG6tR.
Baekman ps. Chps clii.--Juogment reversed !
with costs.
Douglass ps Jones' Judgment an med. viii
cos's.
Lyon ps. Bakr.--Ju iement affirmed, pith costs
7iead,ctH Us. Erudcr.-- Judgment affirmed, with
cots.
Henderson o.. Horse Sioa Union.- Judgment n
versed with cost.
Bal g. Ball cs. La,kin + Ross.-Judsneni
affirmed with costs
Fairbanks rs. Coriies.- Judgment affirmed with
Miller and Shaumon rs. CLARK It, al.-Daly j.
An owEeT OF lal Who agrees, under what Ii usual
demon jpated building contract, to advance md
neys from time 70 time 10 the builder, to b applied
tOwar 20 The erection OF q building upon the land
and when the building is finished, to convey ID
land 70 The buioer In fee, receiving from the bOd
o mortgage pppn the lsnd covering the advance
made, Is not an owner within the meaning Of U
mechanics Zen law. Judgment reversed vi cost
LadaxEs. Riiey.-Juds ment afarmed, with cost
Jamf51A. Jacks cs. Oar, tn.-Judgment reverse
with ccsss.
Vpmore, d al, o.. Scientifically, J.--WhsIe
appears that the defendant boarded each Of u
plsintiffs, supplying them with wines, liquors, n
and they each told him that what ono ordered v
the same II both had ordered it, held that It v
action by the plaintiffs 10 recover for goods q
to The defendant. Judgment affirmed, with costs
Smith ps. Yan Brunt.- Judgment reversed, vi
costs.
lacking ys. Edmonds. Order appealed fro
Affirmed, with costs.
The Court then adjourned.
Important Railroad Case In Connccticus
An important railroad case Is on trial before
Superior Court, sitting at Norwtcd. Il hes ocsup
several days. The plaintiff IL Croker, seaear
man, who was elected from the cars between
London and Norwich. Toe defendant il the
pany. The facts are subaleskx2y tdat Crocksr,
December last. wanted TO 20 from Norwich n