The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-07-29

Court o. Conmon Pleas.
Before Hon. Judges Ingraham and Woodruff.

July 20.-Crane and Others ~. Hard,man- WOOD
RUFF, jim an action for rent On lease, tho plain
til can only recover for such rent a. accrued and
became payable before suit was brought; and where
the tenancy has bean terminated by summary pro-
ceedipgs under the statute, and the tenant Ia dis.
pcsseseed the plaintiff In an action for rent on the
esse can only recover such rent az bad become due
when the dsposseasion took place, aud not for the
holding over after forfeiture. Doubtless the land
lord bas his remedy for wrongful holding over
are
tenant BY action. Judgment affirmed, with costs.
Quinlay and Others ss. Sloan aAd others.-Where
the owner Of building erected in the city OF New
York c. nveys the same and q lot OF ground GU
which it stands to . third person, material men,
lsborcfs and contractors do not by Afterwards fl
ing notices under the act for the better security Of
mechanics, &C." acquire any lien thereon; nor do
THEY acquire lien a. against the granite es although
the latter are trustees for credisors. Doubtless
fraudulen mt conveyance made with intent to defeat
the recovery ftae claims would be set aside by an
&C ion prosecuted far that purpose.
Snyder and others, respondents, vs. Wsigh,
0pytuans.-Where work Is done b, the plaintiff for
The defendant, under an agreement by MIN 70 pay
therefor at fixed price per day for the time r.
the defendant when sued for the work, 70 call W.T..
netses tu prove the value Of the work, or Whit
would cost in their opinion to procure 1t done.
The only question is, how much time was neces,
And though the number OF Gays may be cont:overed,
and even be doubtfulNpon the evidence, still, general
estimates Ct its cost or value are not admissible.
The finding Of the court below upon connlo tinS
.Uhn 1faz, appellant, Us. DANIEL CTystK, the
Mayor, &c. judgment affirmed with COSTS.
William Small, rs. Erastus PARLIAMENTARY
from his debt on the petition II himself and Two.
u Ids Of his creditors it Is nds oensable that the
affcavit pm % nted By the statute, to bs male BY
the petitioner and annexed to his petition, shall Do
hwern TO before the oficsr to whom the petition is
presented. Compliance with this requirement. IL ne.
cesssry 10 auth oi,z the officer to make any order in
the pI6cetdo 1t is requisite to give tie ofiic1r
to sss 10 at sSaa Il sioa
such discharge is get up as detenS
thas the affidavit sworn to before com nissi "a
er of ceeos, held that such discharge Is void for
mitril the petitioner to make an additional afida
Wit en- the hearing before toe officer does not reme
dy tie detect. In this particular the proc etags
were rot ameldable Motion for ne tIi. denied.
respondents. Judgms ut affirmed, with costs.
William c. Carpenter, appellant as. Gilbert
Street, respondent. When the assignor OF O thing
u action is examined BY the piaAtn (hls asslgnee)
the matter to which the assigpor has t.Atlfed
and not to matter which does not conhovtrt the
facts testfe to by such assignor, but tes IN &C.
corda1 discharge of the liability resulting from
So. b fscts Thus, when q plaintiff proved By such
aSs,eItr ssle Of horse to the defetda1t it is not
ctmpet. 1t for the defendant to testify on mis- own
behalf to q subsequent payment Tor sae horse, OF .
of the legal CONSEQUENCES of the facN sworn TO By
tie assigncr, (Cose, $685. Whether such payment
might be teArIfad 10 by the defendant where tbs
assgIer was Examined 20 tbs transaction generally
CURE.
Cahb T. Ho,reA ps. Harmon T. Krooss
WooDKUEF, J.-Wlere an action ia brought to re.
IN N xvPA 4
from the plaintiff, by the date.dsnt 1t Is net enough
to eLti.e the planil to recover thai he shos That
tie defendant took the wagon from person 10 pos
session thereof, ard that toe plaintiff Afterwards
purchased the wagon ftom snon person, white 1t
stll Ie NAMED in ihy defendants pcsss session. He
must fuItter prove that afar bis purchase, be. or
t.me one in bis behalf, demstded the wagon from
the defer car {; demand made by the vendor be-.
fo,e tie rae is net sufficient II such an action can
be regard. IS al action to recover cansges for q
vrorglul dttsnticn, the same proof OF d.mald by
the iAr Tiff Is necessaIy. There being allegation
Of veisi, by the defendant, AID the tausfsr to
the plsiDt # LOT puIpCfting TO transfer any claim
fer damages for dets,tLg ccnve ting Tia property
! of The assignor, the question whittier cam fords-
Irscts fr toit can no. be 80 AHMED 50 20 entite
the asseIe &c % sue IN lis name. does not arise.
Joecb AAhouse, re, pondenf, vs. John Rice. Jatg-
mt 1T sfhi med, With ,osts.
Peer Cannon JOHN Fan Wagner.- Judg.
mtr sfi,mes, 9th Coats.
Fish vs. NCod.-Judgmeut affirmed, with costs.
Md,tin rs. Garrett Jodgu ert stfi med, with
costs.
Robbins u. Goldman judgment sni,med, with
c6s.s.
F,tspot,,ck rs. Coek-Ju5gnspta affirmed, With
cost.
Ros,ctH G. Pierce Us. Cor~elps w Thom1s-A
bft ker canrot recover commissots ron The vendor
On sse ct real estate wit a,u. sr0 sing an employ.
men to eel such an adj p.,n cf ais scss aud
ceptsI Ct hiy services by oEEer 81 ia an equiva
cent to Sd or iDal employ meLt. He cannot force
such snpic yMe Ut or services en- the owner against
\ nd o. Een kr 4 NJ
employ him a suffer him 20 offs: the properly for
sac on tie osrefs be. aif, the mere ia t thar the
| bfoltr cert purchaser 10 the owner who nego
- edsske 70 tuch purchaser, Goes net ensitie
Waiktty Is. G,.G.h. JudgGe-t reversed, with
| tostf.
Catlin rs. G,ote.-Metlor denied, with costs.
IMP5 R7AsT OPINION AS TO CoSsTABLEs' BONDS.
Davis agt. Hgfn<r.-Woop2UFF J.--Tnis was
an action brtuglt IN the court below sgsins. Cnas.
W. Kirgtr, Ct the constsbies of the city OF New
| York and Hsffnsr ss his surety, to recover some
$780, On account ef the omission # Kruger to return
| IN Execution delivered to him. THIS court held
that the plaintiff could rot re,over agsins. the
| surety nj til after q judgment Rad been obtained
sgaiI st the constable and leave 20 prosecute the
su,ety bad been granted by the Court Of Common
In iescn to cel stables In t. various towns in the
couf Try, does not apply to this CITY, That the act
to reduce several laws Ielatng to the city OF New
York, q iev. Laws, S42; zee, !47 provides espe
eally for the bonds to be executed by constsbes in
TIE City Of New York, viz at shall be given to the
MsJor, Aldermen and Commonalty, &c., 10 the
penal hun OF $500, shall be delivered 10 the Mayor
who ahalI judge ate Determine toe competency Of
the suSeties, snd file the bord with the Clerk of the
| city o. New York; ard UPON recovery thereon By
sDy person ogg,ieyed, it shall be lawful for the
judge judges Of the Mayors Court, (tor this pur
| posethe Z. Uit Of Common Pleas, upon motion In
open ccmt, end UPON showing that such recovery
had bstn had, ED tcst the judgment is ursatsf cd
st the time OF such notion to order tina bond to be
pot il suit." The bond upon which
the 'esent motion is brought IL frsmf in accord
sDcs With section 81 OF the statute relating - towrs
above referred &c. Il Rfv Stat, 346.) Il is md
Y rk; i Is approved BIZ supervisor, 9, not by the
MsycI it il il 'te FUN Of 81 600, and not Of $500.
II il OF. therefoie the bond required by the act
pclt ss . statutory security. No action vii, lie
agar tie curiy until judgment against the con.