New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-07-30
LA w LNIELLIGElVCIE
COURT OF COMMON PLEAs-JULy 2s-GESERAL Term
Before Judges lNGRsHAM and WOODRUFF.

CITY NOT LIABLE FOR INJURY BY CONTRACTORS.
Kelr at the Mavnr Aldenmen &C. of New York.

DECISIONS.
CITY NOT LIABLE FOR INJURY BY CONTRACTORS.
Kelly ast the Mayor. Aldermen, &C. Of New York
Plaintiff sued in this Court TO recover $3.50, the value
of horse injured by blasting plaintiff was passing
with said horse on the Bloomingdae Road near
Seventy ret-st In defense IL set up at the trial
tagreeably DECISIONS it alleged OF the Cont OF
Appeas) that the work from which sail blasting OF
rocks proceeded In the hands of Mr. Quo, who
was doing II under contract with the Corporation but
that he was not the agent of the Cooperation and that
he if any one, and not the City, is liable. The Judge
sustained the defense aud dismissed the complaint.
Appeal was made to this, the General Term, which
considers that the action of the Judge correct and
the City not liable, and Judgment was affirmed.
DISCHARGE UNDER Two-THIRD ACT VOID FROM IN-
FORMALITY.
William Small agt Erasius Wheaton.
The defendant was engaged extensively as buyer
and seller of cattle at Bufs-IIead, &c. The present
suit judgment obtained against him in ls4j.
The defense was discharge ia Bankruptcy IN lsis by
Judge Oakley of the Superior Court. On the trial
defendant produced from the County Clerk Office the
proceedings had before the Judge, IN which II APP
Ieared that the affidavit annexed to the petition re-
quired by section of the statute was sworn before Il
Commissioner of Deeds instead of before the Judge,
NJ designated by law. II stated by witness that
he believed the error had been seen ON the hearing
before the Judge who allowed 1t to be remedled but
that order made or entered on the proceeding.
The defense generally ovenUed and the Jury d.
rected TO find verdict for the plaintiff, which they
did in amount and interest being 81 026. Appeal was
made TO the General Term, which denies new trial
and sustains the verdict thus breaking up account
of the infomalty the discharge IN Bankruptcy.
ABSTRACT OF OPINIONS.
The following Abstracts being with the exception
Of the above and two or three others, Appeals
from the Marine and District Courts, were prepared
by Judge Woodruff:
DISCHARGE IL BANKRUPTCY.
small sat Wheaton.
Under the act providing for the discharge of an n-
solvent from his debts, the petition OF himself and
twoihirds Of his creditors il is Indispensable that the
affidavit prescribed by the statute TO be made by the
petitioner and annexed to his petition shall be sworn
10 before the officer 10 whom the petition is presented
Compliance with this requirement is Necessary TO au
thorze the officer to make any order in the proceeding
IL Is requisite in order to give the officer ursdic ion
proceed 10 grant the discharge.
10 appears on the trial of an acton in which such
discharge is set up defense that the affidavit was
sworn before Commissioner of Deeds. Held that
such discharge is void for want OF jurisdiction in the
officer TO grant H.
Permitting the petitioner TO make an additional atli-
dayit on the hearing before the officer does not remedy
the defect In this particular the proceedings were
not amendeble. Verdict confirmed
LIENS LOST ~ PILED AFrER SALE or PROPERTY.
A. NJ ouiny and others Thomas j. soin sni other.
Where the owner of building erected IN the City
Of NewNork conveys the same and the lot of grou nd
on which II stands to a third persen, material men,
iaborers and contractors do not by aferward filing
notices under tie act for the better security OF me-
'chaDics, &C., acquire any lien thereon.
Nor do they acquire lien as against the grantees,
although the latter are trustees for creditors
Doubtless fraudulent conveyance made with in
tent to defaud the recovery Of the claims would be
set sside by an action prosecuted for that purpose.
LANDLORD AND TENANI-RULE IN DISPoSSESSISG-
OffsHr FoR FAILURE IL STEAM POWER.
Henry l.. Crane and others AIT. Thonls n. Hartman.
In an action Tor rent on lease the plaintiff can only
recover for such rent sccrued and became PAYABLE
before suit brought and where the tenancy has been
terminated by summary proceedings under the statute
and the tenant is dispossessed the plaintiff in an action
for rent The lease only recover such rent as had
become due when the dspossession took Mace and not
for the holding after forfeiture. Doubtless the
landlord has bis remedy for wrongful holder-over
without payment Of rent but not by action on the lease
for rent.
The expenses OF the proceedings to disposess are
recoverable from the tenant by action.
In 40 action on lease Of premises With steampower