New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-12-18
La W LNIELLIG E1VCE.
SUPERIOR coURT-GtssR.L TsRs-DEc. 10.

Henry Phillips agt Henrietta Burr and waller
COMPLAINT 10 be dismissed a. 10 both deiendants with
costs unless plaintiff elect to take judgnen. against
Waller alone, 10 which case il must be ism ssed IA TO
Mrs Bur with costs such election 20 be maze within
20 days after Eotce of the judgment.
Samuel Westcott and others sgt Alex. Gum and
otbers-Motion for nonsuit denied and judgment for
plaintiff az siIst all the defendants.
George W. Costan ag'. The Erie Railroad Company
and Daniel Drew Suit in relation to claim a. 10
steamboat Francis Skddy. Order as 10 anIwer modi'
fed.
Francis sustendahl agt. Albert Reinhardt.-0rder
modified.
Geo. +. Nesbitt ag.. James Strnger, &c.-Judg-
ment reversed, and new trial ordered, with costs to
Severyn Bruyn agt. Alexander Dennistou1.-Judg
meDt reversed, and new trial ordered, With costs to
abide event.
At SPECIAL rIss.
Stephen A. Main a., ainst Wellington Lee, &c.-
Motion granted.
Daniel q. Mason against George Whitley. Motion
denied, without coats.
George w Busted against James Lynch.
murrer ovenuled with liberty to answer in twenty
days, on payment OF costs.
Elizabeth Hill against Mary Hill and others.-Bill
dismissed, with COSTS
Frederick w Deiteriug against Frederick Grote
and others-Demurrer oyerruled, with liberty to an
swer in twenty Gays, without costs.
Sacketts IIarbor Bank against Lewis County
acknowledgement and execution set aside, with
costs
In the matter of Russ & Reed against The City of
Nev-YOrk.-The case of the recent injunction was
brought up. The Counsel Of the Corporation "a, up
a judgment of this Court declaring the Russ & Reed
contract void, and, therefore, coercion was used
for them 10 release contract. Postponed 10 next
week.
POINTS TO THE ABOVE.
Main sCt Lee.-MctioD by defendant for an extra
allow ance. In reply il is said that there no trial.
and therefore no allowance can be ordered.
IL appears that, after the case had been on trial
some time, plaintiff counsel made motion to With
draw IT, and had leave Ia do So. The Court considers
that this a trial. Gentlemen labor under great
mistake the ia ige said when they think there can
be no allowance without q trial. Order for allow
ance.
Mason and wife agt White y.-Motion to strike
out count in the complaint. Il is action for as
sault and battery BY defendant the wife. After an
answer had been put in, plaintiff served an amended
complaint containing an additional count for false
Imprisonment, the object being to combine both
charges in one action. The defendant insists that ne
has no right to amend The Court said that plant
i'll would have had a night 10 bring separate action
for the false imprisonment, and there can be no OBJ
lection 10 permitting both allegations 10 be joined in
suit. Defendant must answer IN the usual man
Cudlip agt Whipple.-This was 8 motion that
plaintiff make his complaint more specific Plsntih
hled a complaint il short terms, stating that de-
fendsnt owed him large sum TO- moneys lsdout
and expended doing IN the old form, as before the
Code. The present motion Is msie by defendant.
We had supposed, the Chief Justice remarked that,
under the Code IL was necessary, IN compliant, %
state facts. Instead Of that he has merely stated an
Indebtedness, based on certain fscts. The Court OF
Appeals il appears 10 decision goes the length OF
sustaining the old mode of different counts and has
in fact repealed the Code reducing everything back
10 ron assampsi. We had thought il was right, undr
the Code for complaint b. aege for goods sold, or
money lent, whatever II might be, but "a the
Court of Appeals has decided, cannot IN erfere.
The proper mode Of proceeding, ID IN, viii 20 for
defendant TO apply for an order that plaintiff nle his
bill Of PARTICULARS. Motion denied.
Coster AIT. Erie Railroad Company and Daniel
Drew Plaintiff says be owned two-tenth. Of the
steamboat Francis skiddy, and Cornelius Vanderbilt
owned the other eight-tentDs. be contracted with
the Erie Rsilrcad Company TO run the BOAT to Pier
mont for 500 per Gay whether she ran each day or
not After che had been 20 employed for some time,
the company purchased Of Mr.. Vanderbilt his eight
,er,h. the title being placed in defendant Drew, and
laid the boat up, ceasng TO employ her. Plaintiff
comes in claiming ISo-tenihs Of sl0o per day, and
s,o for damages alleging that the boat has been ms
ieriAy injured from being lad up. Moaon was
made al Special Term, by defendants, that pislntH
strike out part of his complaint
In the first count painth states the cause OF seuon
in the second count he adds an allegation that the
company bought the boat for the purpose Of laying
her up in order 10 carry out arrangement they had
entered into with other railroad and steamboat lines
20 obtain unreasonable rate Of fare; and, further
that the transaction made with view 10 cefraIc
ing plaintiff The Judge at Chambers caused the
LATER allegations to be stricken out, and appeal Is
taken.
We do not see the Court said, whs. the arrange
menu OF defendants with other Railroad Companies
have 10 do with this claim. Ii plaintiff Is entitled 10
What he alleges il mus, be by virtue Of the contract.
or tha, The purchase made for the purpose Of de-
frnudine him We have concluded to let tha. stand
All the other allegations must be struck out As they
can only bear 10 the way Of evidence. Order mod
fled.
Crowley and others sgt- Rsdclif.-Toe parties, on
dis.oying partnership placed all their asses in the
hands Of defendant, Rsdclif Who agreed 70 appro-
pirate them to the payment of the debts OF The hrr
e. entered into nes partnership. and .ubseq aentiy
failed II Is alleged that he Il about making prefer
enees aud motion Is made for injunction restrain
ne him from dnposing Of the asses AMI siso for
r,oeyu. In opposition to the motion, Mr.. Radclid