New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-22

SlPELME CODhI-OfNftsL ItEN-rb b. q.
The Court met pursuant 10 adjournment, at IL a.
| M The court room was crowded, though not 20
densely a. the Thursday before; but nothing remark
able took place. Motions and arguments were heard
before Justices CIERKE and ROOSEVELT and Judge DA
WIS or PEABODY, and the following decisions rem
| dered:
DECISIONS.
Decision OF causes argued at former terms: counsel
TO give crsent t. the entry Of Judgment, if argued
before and decided by Judges MITCHELL, RoosEyKLT
Causes argued before Judges MITCHELL ROOSEVELT and
NORRIS.
Report to be affirmed without costs Of appeal, if
without appeal The report clearly against the
weight OF evidence If builder agree to pas ~ day for
be By the the burden Of proof the
that the builder really guilty Of negligence IN
mpetre in due time. Gu whether the Insist
any deduction, if he was partial cause ofthe delay.
covenant that the whole Is due lisa competent witness for his
assignee.
Rules laid down Ill the opinion for assessing plaintiff
damage action covenants to title OF land where the
Tbe covenants Of die being by two tenants in common
Of whom since dead the action be against the
The purchaser having sold of the four lots With aud
without cannot DAMAGES 70 either Of those
Mills sg ThuIsby, &c, executors.
Form Of judgment to be modified without costs of
IN an action agains Judgment against theiT
tesator the judgment omser what defendants
be special that the debt be levied the property
the which may to their hands Judgment
for may be against them personally or against their estate
as the Court may direct.
Same.-Setted.
ACTION AGAINST JUSTICE FOR FALSE RETURN.
Clarkson sgt. Wallis
Judgment for defendants affirmed, with costs An
action cannot be sustained against justice Of the merely
deHce taken before him, when there proof
justice injury the plaintiff that the
brough; hearing the certoran that the omission
This Is suit in effect for a difference of opinion between
ustice aud cOunsea Kind Of suit not 10 be encouraged
Murphy sgt Logan.
Report of referee affirmed, without costs of appeal
The evidence sustaining slight that costs
In questions Of evidence we should lean to the affirmative
Heard before Justices MITCHELL, CLARKE and CowLEs.
Cerheiss sgt. Wolf
judgment to be reduced to S4O0, with costs below;
granted, without costs to either party
CASES TO BE REARGUED.
Careau agt Mali, &C., and four others OF the same
CamIey, Sheriff, agt. Hopper, aud the other cases
before Justice Morris in which consent that they be
Wright agt. Delafeld, &c. and Berrien agt. Wright.
-Reseryed to May term, 1870.
USE OF CANPHESE IL PRINTING OFFICE DOES NOT
yITIATF POLICY.
HsIfeI act. Tie Mutual Insurance Company Of Albany
Judgment for plaintiff on the verdict of the Jury
The defend n having insured against The hazards OF tie PRINT
and ordinary material used IN the process OF printing they
liable Notwithstanding the use of that material may have oeea
seued the loss
Thompson The Eagle Life and Health Insurance Co.
Judgment for plaintiff the verdict of the Jury. In
the eb.tnce OF and interest being shown viz that OF
creditor IN life Of his debtor, the for which the
,epn was ad must DC deemed the vAua Of Re interest Of
he Insured by agreement Such policies Of
dangerous tendeucy but the law to sanction them
Thorn1 son ast The Eighth Avenue Bank
Judgment affirmed with costs. The original cause
Of action against the Bank their protested circulating notes
raa dividend from the Bank Department As to the balance
defendants demuTiug admit due demand ana
The legal is that they s justly Indebted
10 the plaintiff as claimed in his complaint.
Quackenbush CO. agt. Johnson & Co
WHAT CONSTITUTES PARTNERSHIP
Judgment for plaintiffs affirmed with costs. John
sou had LARGE interest in the business carry for
several wears in conjunction with Smith receive large
allowance for responsibility and attention III conducting the
business !" and therefore in law not In fac partner as
bttween Smith a Co. and persons dealing with them
Scans agt. Durham
Decree of Surrogate affirmed, with costs. The mis-
have been recovered IN 1852 instead Of
1851 In all other respects perfect Such pTeju
6ice and therefore should be allowed 10 avail
himself It, The date Of the docket itself ia admitted 70 be
Jewett and others sst Russell and Others.
Judgment of Special Term affirmed with costs
The demand sued belonged the ssSgn0rs Of plaintiffs
entitled IT, The referee therefore rightly
disaOw There also peculiar fitness though per-
LEGAL reason that the ayas Of the iron question should
60 10 those from whom the iron came.
The Esgle Life and sith Insurance Company
Judgment for plaintiff and the verdict Of the Jury
affirmed with This similar that OF Thompson
sg. the same defendants. reported above.