New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-06-04
POINTS TO THE ABOVE.
Points prepared By the Judges hemselves.]
LIABILITY OF A FATHER FOR HIS SON.

LIABILITY OF FATHER FOR HIS son.
Peter Johnson agt Wood Gibson
IEGRAHAM, First Judge-Where a son, infant,
under e. abroad with his fathers he retaining his
cured in providing necessas for him under
which prevented previous application to the parent
and he had gone abroad lis living the parent would
s o.. o. hi had refused inS proSas % %
not liable for necessares furnished during his absence
sos sixteen days nursing at $40 per day Of Wood Gibson
California in lsss who III the mel Judgment for
defendant affirmed.
SALE OF A HORSE ON SUNDAY.
John Miller sgt Frederick Roessler.
IEGRAHAM, F.J.-A sale of horse on Sunday is not
se In violation Of the statute Judgment for plaintiff affirmed
POWER OF ISSUING EXECUTION AGAINST THE PERSON.
John 0enocchio sg. Antonio Figar.
INGRAHAM J.-Where execution is issued against
the Marine Court and the defendant discharged
4 s SSSi ss sns q ss qsasa
sFs $50 Marine Court any issue execution
AIsr lrseiipt has been fled the rules as to snips
executions those which apply this Court and not In the
Marine or Justices Courts
RULE AS TO BROKERS' COMMISSIONS.
Thomas Pugsley agt. Alex. Murray.
INeRAHAM, Jon an exchange of lots by broker
IN different parties he commissions from both
Whether be could recover from with knowledge of all
The facts such comm issions cbargedi ouere-
cREpmILITy OF AFFIDAVIT OF DEFESpANT.
Henry Boyer appellant Thompas sikman and Others re-
woon.rvx ina unsupported affidavit of the
ascendant, when oensiss the , ss1 ,s on
s trial y has been done 70 the defendant
the Court In rsse.ins o. snspendns he - I from he
The rearifemsn nj in summons issued by the Justices Courts
ssi defendant appear he plaintiffs complaint
money DUE soSss not so ssRS 10 sCnep
PROOF AS TO DEFAULT OF DEFENDANT.
John T. Hunt ags Samuel r. Westervelt-
Woodbury., J.-W here the plaintiff sold goods upon
materials for certain belonging him he
for s @ e ua s as rS Ss ds as
Of defendant and delivery refused He must show that the de-
fsndsnt Is in default
LIABILITY or RAILROAD COMPANIES.
Anton Erin ast Tho Erie Railroad Company
WoopRurf, 1.-THE mere acknowledgment Of the
he he ssss
ns to an az s s %o9s
= 70 sueh and according to the
sAs boz i thus isTwssdea - ~ '''e'
ms. and oS the
tson q freight and thereon, has legal capacity
WHISTLER they hsve such capacity ordinary agents not
proved . have any special authority Tor that any
can hind the company BY such contract oaere.
PROOF AS TO A FoRNER TRIAL-fsoDUcTIoy OF BOOKS.
Mary Merrill, sdmfr agk Nathan T. Whitehead
rmez isi has been had between the paroles when the
S Court for % up ss' !.
sAss under plea Of former me ass@sn os
ssimied VIII bar second action the sans cause
ssSss 3 he siss 3 the s s wA
When the books Of party properly received In evidence
this Court will not the Judgment Of the Justice founded
In HE reliance thereon although the defendant gives
dence prove their nsccns But upon the whole proof the
Jne ought be satisfied OF the OF the books
To enls party give his books evidence he must
@ % ssOS ast Of s seSd q service:
physician were offered proof Of his phys
clan upon the Defendants family from 1851 1855 BY the evil
dcnee witness that he knew that such physician attended
the Defendants family once 1870 such testimony does not
warrant the giving Of the books In evidence.
POWER AS TO ASSIGNMENT OF A suIr
Daniel BURNETT agf James L. Gsxune
A party may give evidence, the Court said 10
show hnf assignment Of suit plaintiff Is mere hsm
ard that the sssnos 10 enjoy the fruits the recoverybu
The that there confederation does not alone
amoant anything He might sell foz less or greater
szscunf, give away, and yet the assignment would be
PROOF AS TO FRoPMEToRsHIP.
Hart sEt Mcmillan.
DAILY, J.-Thst Mcmillan was the proprietor of the
Ssnb Cesss House. end that Azuoss II the tine when he