The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-06
Common Pleas-spccial Term.
Before Hon. Judge DAILY.
rv~voVnxy0 urr

Parker, respondent, us. Raphael, appellant
jim ward court it viii be presumed that the JUS
where parties appear and proceed to trial without
raising the objections Actual occupation during
the month, for the rent Of which the action is
brought, with an understanding between the parties
is sufficient to enable the plaintiff to recover for the
months rent at that rate.
Wall Us. House.-DALY, IA promise by the de-
PENDANT to pay bill which was presented to him for
ST. 3d. which referred to that amount as the amount
Of bill rendered for bread, recognition that an
indebtedness existed to that amount, and the evil
dence was sufficient, prma facie to entitle the re-
spondent to recover. Judgment reversed.
son River Railroad Company resp0ndents.--DALY J.
Unless tits very clear that the injury by col
sion with railroad train was produced by the re-
gpondents negligence in whole or in part, 1t should
be left as question for the jury. Judgment re-
versed.
JysE 5-7Ae Mayor aoains wigiawa-Judgment set
Ksyser and Others asaina Daris-Motion by the plain
th that the contractor be made party defendant de-
MED upon the ground that though necessary in
tractor be made party defendant there ia
why the contractor should be upon the
motion q the plaintiff especially where the owner OBJ
Loscerre agai~ Baldcin-Aotion to restore cause to
calendar, denied.
ries to plaintiffs infant held that plaintiff not having
recovered $50, defendants entitled to COSTS and
amount OF verdict directed 70 be deducted from DEFEND
ants costs when adjusted and judgments entered
defendants for the difference.
Stack agains COloM-Motion to strike from the
calendar upon the ground that plaintiff had right to
notice. pending motion made BY him to strike out part
Of defendants answer and Of demurrer put in by him to
other part, denied
Aaarer aaainn Kerne and otAers.-Proceedngs dis.
charged against defendant Nerkentheier without costs
Edccrds aedina Davis ard SdW4fcrd.-Motion TO dis
charge defendants from arrest, granted.
Rondtree againH Henshaio.-Motion to discharge de-
fendant from arrest, denied
Lynch agaiwst Lyons-Motion TO amend by set
ting up that lease was not subssting incumbrance
upon the premises granted upon payment $40 costs
BY defendant with liberty to plaintiff to put the cause
on the calendar for June term.
East Riuer Bank dgaint Porter and 0the1&-Averment
in that Porter had claim for money due against
the defendant Deavan avered Porter to be the
real and holder Of the note in suit stricken out
upon the ground that plaintiffs prove to be the real
ere Porters claim against Deayan il not available
set OF counter claim against their action the note
and Dslavan is the true owner that Il complete de-
fence to Porter, and his claim against Deavan becomes
immatera and the remaining part Of the strck
out not setting with sufficient certainty and pre-
cision any usurious contract.
NiMphiUs aesiNst Observation-Disclosures dissolved.
Rsdanay 00dina kd0lamd and others-Motion for IL
bery to substitute defendant the assignee appointed
by the Superior Court upon the surrender Of the trust
by the defendant, denied.