The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-31
Marine Court.
Before Judge Phillips and Jury.


JAN. 80 George NJ Vanderlip Joseph Steele This
action BROUGHT the value OF cylinder print
ing press, taken and sold by defendant on chattel
mortgage, executed by Theodore H. Gray (of vitrio
IN April 1853, by Gray to one Merchant, and in Novem-
Der 1854, sold by him to plaintiff. On Merchants be-
the owner he hired the press to Gray at $6 per
quarter he to remain In Possession ut that rate and the
agreement continued under plaintiff Before the
sale TO plaintiff however, Grsy executed mortgage to
defendant covering among other things the press in
question Two days befoe the SALE defendant was no.
titled of plaintiffs claim 10 the press, but
ing which Re persisted in selling The defence is that
that defenda ut y protected by his mortgage. Verdict
for plaintiff, s5oc.
brought to recover $500 Tor wors labor and materials
bestowed and furnished in building house for defend.
ant II proved however by the plaintiffs witnesses
that the performed under a sealed contract
by which IL agreed thai the money should be paid
plaintiff the produou OF tbs certificate Of the archi
tect Plaintiff contended that he mgbt under the
common counts when the work had net been done &C
coiding to tile contract taking the contract the
trolling price for the wors done insisted th
the production Of the Architects certiica
don precedent, which the plaintiff could not waive.
Judgment OF non.suii with costs TO defendant
Theodore X heIiriae rs Samuel fbbotson-Tbis
action Ia brought upon n note for $780, payable ia
monthly instalments of $2l eacn drawn by defendant
The mahDg o. the note was shown by plaintiff but the
defence that II was mere accommodation note for
which the defendant received no cons deraon Verdict
for defendant, with costs.
Richard Sdi;onaau Michael Lneour.-Action for
commits sion as broker in obtaining loan Of $4,000
II appeared that the dseuant told friend Of his Mr.
VIM. Berger that he wished raise that by mort
gage real estate and requested him TO raise Il for
him, possible Mr.. Burger accordingly advertised and
plaintiff Chains that ks was employed by him broker
and dd raise n money cefendsut The Court held
under the testimony that there athority given by
defendant 70 Burger 70 employ any person. and that he
s not therefore liable Complaint dismissed, with $40
costs
Edgar and Walter HAT George r. Conklin The
plaintiff sued 10 bill for horse feed, furnished
nbhed by them to defendant from Marcn TO June 1854
The clerk who kept the BOOKS being dead the Court al
lowed plaintiff prove Their books correct by persons
VINO had settled accolnts fom them Tho defence set
up was payment In full nct tho testimony being indea
rite both 10 time and amount the Court gave plaintiff
Judgment for $50 % mud costs.
Ddrld zraifeu ". Rorsiaa A. frceman--In November
last the defendant sold plaintiff quant ~ Of old ewery
for u 100 among which eteur eighty dozen Of
gold pens which p'a pt alleged det ndapt warranted 70
be gold that they WORTH from % TO % per doxen
That be sold portion Of thsm and they returned
TO him ne being Of very inferior quality and not gold
AZ ALL For the defence II shown that the goods
purchased In lot and that the rens called gold
pens in the trade although they inferior article
Manufactured for the Western trade, and called the
flames w. FranLln p.n.n Tho Judge, Ia deciding the
case did not think the warantsc Of such character
would justify verdict for plaintiff Judgment for de
PENDANT, with costs.