New-York daily tribune., 1856-02-26
SUPERIOR COURT-GESERAL TERM-Feb 23-Present al
the Justices except Justice sLOssON.

Charles Burial ogt. VIM. II. DeGroOt.

DECISIONS AND OPINIONS.
Charles Burial agt Wm II. DeGroot.
Action against indOrser OF a note. Several de-
No s doubt I per title in the plaintiff set mp the
plant mak Endorsement and delivery of are ayerred
The answer up usuy and therefore for csnces
ton of the note aud to this allegation reply is made
IL eoutended that this part OF he answer IA the aue o
claim and as such 70 be taken as aded nor re-
Piled But party should state whether facts relied on N
bar Of an also constituting counter aim
they scarcely be both at once In this case he aegs
Of usury proved complete defense II the note
avoided for usury there end OF the maer and Is
difficult produce the double effect eontended
TIE objection as 10 proof of demand of payment
late raised Til the conclusion Of the case and might
There l. no such satctory evidence usury pre-
elude the Couh from saying that plaintiff was entitled
Judgment for plaintiff affirmed -
Same-That $500 only was paid for note of $1,000
preclude plaintiff from recovering the whole face OF the
H'''' Evarste Texier ast Theodore GOWN &C.
This case comes up in unusual manner. II was
sction of hand against the maker and inioer
The defense up the answer Of confederation
On the trial this deeI abandoned and an entirely new
Oakley C. J thought that the parties prepared upon
this question allowed the cause the answer
were amended by the insertion Of allegation OF payment
Veidct was rendered defendant Pand now for
ssass Of counsel to sheh 10 repy has Been made.
No dOuha this motion should be granted On the further
may be amended 50 as to supply the want OF sufficient
New trial ordered-costs TO abide the event.
Julian Allen agt Chss. A. Hsskns.
Appeal from Judgment overriding demurrer 10 an
auswor which alleges the in suit delivered
which they failed correspond and claims consequential ds
ages BY way OF eeoupmen Tue demurrer on the ground
should present fall defense Of action,
Whether the answer up the sale by sample correctly
not before the Court But regard this defense
which need not be to the full claimed by plaintiff Il
enough that contains facts alleged by defendant against plain
tn. Order sppealed from affirmed.
WIN. w. Vanderbilt ast Marshal A. Mathis
Action for malicious prosecution. Motion for new
The Judge charged that discharge the prisoner showed
rima tace OF probable for his snd shifted
the burden Of proof Ia opinion the fact OF acqutts
Is not enough evidence is requisite.
affecting the question of damages In this particular sls0
he erred To msn,an an action OF this description three things
tiff; want Of probable aud malice malice may be iu-
fened from want of probable cause but may not 1t not
New tTiai ordered; costs to abide the event
Fred. M. Kelly agt. Francis acknowledgement
modified New It'd payment by Panth OF costs Of trial.
Isaac l.. Hunt agt. Calvin Observation-Disclosures
Alexander I. Stewart agt Henry IL. Morange.-
Judgment affirmed with
AdOlph Gifiikin agt VIM. j. Slingerland, &c
New ra ordered, Costs TO abide event
Albert Bhdsal agt. Israel j. solomon, &c.-
Chas. c. Fowler agi. John Msgher, &c.-Report of
referee affirmed with
Levi Leroy agt. Samuel t. MunsOn.-Repcrt of
VIM, ii. Parsons vs.. John Orser Sheriff judgment
'eTsIeS Sec a ordered Costs to ,Sle event
Judgment affirmed with costa
Darius Geervs. Lewis Pignolet. Judgment affirmed
with
Geo. +. Bunce vs.. The Rutgers Fire Insurance
Company. Order for new Trial denied
CathaIine Jcles Ehhu L. Tucker. Cause re-
referred
Julian Allen VS. Chss. A. Haskins Order appealed
from Alarmed
Horace b. ClaHn vs.. Nicholas ButteIly and Others.
Judgment for plaintiff on verdict
= walter II. Bidwel VS.. Chas. Leahman. Judgment
of referee affirmed with cosrz
, Ansstasi1s Nicholas VS.. Simon A. Lichen,heim
New trial. Costs 10 aAido ever,
=, y bacnsaan, Nc., v. Ellsworth Cheeseborough.
'eclct SET ed with liberty for pautf 10 apply for refer
tncs and 10 amend he complaint Con 10 abi ie event
Joseph Muer V. Henry G. Glmsman Judgment of
plaintiff affirmed wite costa
SPECIAL rsKM-Before Chief Justice oAKLEv
ChaS. ID. BnrTiil W Mathew Didier and Austin r.
TTowbridee Mathew Older Motion granted An .ftor
ney has such lien costs N prevail against the ess
rights Of PARTIES.
SUPREME C0URr-SPEcIAL TeKN-fER 22-Bsfore
Justice DAVIES.
Alfred W. Turner V. r. c. Thompson. Motion to
die barge defendant fes arrest denied wio ave dollar.
Justice DAvIEs-n this 10 appeared the slavs
and complaint that defendant employed by pisinnf
nake sales his agent aud WEEKLY 20 make
aId pAy he Of snch aSs 10