The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-04
Common Pleas-GencraI Term.
Before Hon. D. p Ingraham, First Judge, and judi;
WoOdruH

Woodruff,
Fire Department Of NeU Fork Wright and 0thers-S
lngraham, +. j. The act imposing tax agents OF
and foreign corporations in eectng insurance.
Keys rs Derlin.-woodrud J. On motion for : newp
trial and on an appeal from order made such
ton the court may review all the proceedings had
the trial and consider alleged rulings though
not formally excepted to; and where there has
instruction in the charge to the jury which the
erceves may have wrought injustice, the court would
order new trial though exception taken But
on an appeal from Judgment, the hearing thereon
ngs on the trial and the charge to the jury arc ony
zen to examination far they excepted to al
general exception to the whole charge and to every
thereof when the charge embraces many separate
Positions is improper and will not be entertained n
action for assault and battery if it appear that th
efendant acted under honest belief that he was
immediate danger Of an assault from the plaintiff, ana
that selfdefence required him to rcpe such assault
beef if induced by the conduct OF the plaintiff should
relieve the defendant from vindictvc exemplaryS
damages. Judgment affirmed with costs.
Miller Crane Mooye.The act for the security oG
mechanics &c. in the city Of New York. passed July H.
1851 applies to work done and materials furnished a
the act took effect although the contract thereof wss
made previously 1t is not In this respect unc0nstitu
tiona Taking the contractors note for the claim doe
not deprive the creditor Of his right to lien fling thai
notice before the note is due although cannot Be
forced till aterward. Judgment affirmed. with costs.
Sc6c u.s. GaIIogher.-wO0d J.-When upon q sale
of goods the note of third person is expressly received
as payment therefor i will have legal effect pay
men for the goods although the purchaser endorses
note In such the vendor is bound to treat the
rights and liable only to the e such &c
endorser and the vendor cannot therefore maintain
action for the goods though he produces the note and
offers to surrender it trial Judgment set aside ana
report opened and referred back to referee either party
produce further testimony Costs to abide the
use and occupation where it appears that the house
hired by agent who signed lease under seal without
awning put paro authority and the tenant Afterwards
occupied the premises and paid the rent accordingly,
held that the plaintiff was entitled 10 recover notwth
standing sufficient authority to execute in the agent
not shown Judgment reduced TO $3eI 81 and affirmed
for that with costs in court below but wlthout
costs Of appeal to either party.
Hdnndy rs. PeH-lngraham IA surety against
whom judgment has been recovered may set 1p the
recovery of such judgment defence ia an action
brought BY the principal against him for money Julg
men modified far as to erect that plaintiff pay thsI
judgment set up by defendant in his answer deductns
amount reported due and that defendant therefore
such amount reported due upon the judgment in full of
plaintiffs claim in this action Costs TO be awarded
neither Iarty. \
Russell rs. Ruclermow. -Ingrah ham, Where I'll
sheriff esies under variant Of attachment upon tue
property Of the plsintiH and upon note which tin,
paintin has at the time in the Of prosecution
such levy cannot be set up by the defendant in sun
Elemental answer defence 10 the plaintiffs recovery
The action may be continued by the Sheriff Ia the
plaintiff ut his election.
Payment to the sheriff, it seems, may be good dc.
whether supplemental ans ver can be filed In las
tees court. Quo,e,
Judgment in this reversed, with costs.
NoyTfs rs. L0f0Tge.-Wo0druff, J.-Where An 0wner
Icing about 10 build house, enters into con .ss ct
with mechanic manufacturer furnish the window
qua iLs-
for the place" in which they arc TO be set. bnt
it appears after the building erected that the cans or
portion thereof are imperfect and unskifuly made
nd OF no value the owner is not precluded by the mere
fact that the caps set in the walls from In
an action brought against him for the work labor ani
materials suitable ded action on account OF their ian
projections Setting the caps is not necessarily an ac
ceptaDce Of the work a full performance of tho
agreement The maxim corea empor, applicable to this
sales OF goods does not apply TO such Jurtg-
ment reversed with COSTS
Beelman Boo,,non.-Ingraham, +. J-whersr-.
Aat oil.
which part Of the freehold to which has no titis
except as tenant the purcha may damages
for breach of contract in the sale account OF The
failure Of the yender's title.
The subsequent destruction OF the property. or the
forfeiture OF the lease TO the original andord does not
discharge such liability Of he yender.
trial ordered Costs 10 abide event unless the plaintiff
within ten days elect, in writing, TO modify his jud
mept by iemtng $3.50 OF the amount OF the verdict re-
covered in which the judgment Is modified accor
DINGHY aud affirmed for the residue withon. costs s
peal
ApREsr OF THE CEIEBRATED CArTAIN VALENCIA
Tho New Orleans press record the arrest of tho noti
Don Carlos Valencia alias De Castro charged with break
ing open trunk and taking thcrerom S2s. The Bee
says He commenced his q bsrser at Vera
Cruz but his restless nature would allow him ionr
10 remain in this servilc condition. aud hear OF our
uuondam scraper in New York where he was rcce; va
with oren arms by the aristocracy he having o,a mr.
tensions Of belonging TO noble family. He was soon
however exposed and detected in various swindng aai
forging transactions and compelled TO ny from that
city 10 save himself Since that time be has been in
most OF our southern and Western cities and has car
fed ON his peculiar operations wherever he has been
He arrived in This city abcuttwo weeks ago and brought
with him from Kentucky, where he has boon suinmerin,
highly respectable and beautiful young lady whom M
bad persuaded 70 become his wife and had ced ae,v
frcm her home. The prisoner Il Ut very
appearance and converss,'on, aud Is not sbove tweur
six years Of age. lie Is Il & said master OF no Iss
ban four languages, aaf s also an excellent maatsa
snd psinier.