New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-17


bspds AT this business. Their nsmes are Francis fsy-
ard alias Francis Stanley Lsurs " Faysrd and Ssraa
Ioumas They were committed Tor EXAMINATION ~
Commissioner White.
SUPREME CoURr-Cuccir-JN N-BetOts Jstss
DAWES
GAMBLING ~ FLoUR-wHAr Is 1T
Frca.rek r. Grote at George Pendletoa- Il,
This suit is upon two written contracts. esch ." ns
following effect, as alleged IN the eoaP, Nn, wnca
avers hst: Ca toe 2lst OF Sept, 1855 the defendant
sold and agreed 70 deliver TO the plaintiff OV barrels
good .uptrtne Ohio Hour, round hoops, 10 pass NE
Ney-York Association inspection, at the price OF y %
per barrel, deliverable IN the mouth ., Novemost,
iSS at the def ndauts option, the flour TO he taken ny
the plaintiff With cus.omn'y Dispatch aud TO be psii tor
in cash As delivered. The -four was 10 be delivered Ia
good order of not more than three brands to the thou
send barrels The complaint goes on to sege the non-
delivery of of the -four in questions and AYERS that
II bad rise much in value meantime 10 be wrth
the Both of November per barrel moro than The
price sgu cd upon, making 1900 in all, which should
have been paid TO the plaintiff by reason of the prem
ICES but never has been S. paid lie asks Judgment
fer - coo with interest
The defendant btsdes epecihc denial OF the mate
rial allegations in the complaint svers that tho said
contracts in question made with the sole purpose
and intent, that in the market value OF Hour should
be below or above the price named, the difference
should be paid to the party in whose favor the market
had turned; that therefore these contracts were nero
" colorado and a wager between the parties aud a.
such void in law.
The question IA TO whether the contracts In question
parties at the time Of entering into the agreement In
tended that the -four should oe delivered according to
the terms OF the instrument merely that the differ
enCe should be paid was regarded as QUESTION of
fact and a. such left to the jury. The Jury found one
of the contracts was a wager contract, and ~ 20 the
other that IL wac legal and brought in verdict fox
plaintiff Of 81 O2 IL. Stallknecht and Buckley for
plsintif; Williams ard Barnard for defendant
L.ushln LAWYER sst The Mayor, &c, OF New'fork.
This belongs 10 class OF cases not inirequen'y ~
the courts Of late. Damages to the amount of 900
are claimed for personal ipares received IN falling
through hole in South street. .
On the 18th of October 1851, at II o'clock In the
morning the plaintiff was driving along South, near
Pike street. on his way 10 market for wagonioad ~
potatoes when bis horse stumbled into large hole 90
filled with water 10 present smooth surface 10 no
eve and draege the wagon after him with such vo-
lence as 70 throw the plaintiff the ground breaking
q nib pjuring his spine and nngs, and laying MN ~
under the care Of physicians for several weeks Ehe
horse was on a walk at the time. The plainuii vas
grocer in Brooklyn, but obliged 10 give up hS
business in consequence Of the accident and to take u
farming. .
These facts were proved by the plaintiff witnesses
and substantially admitted by the defense, Who merely
sought 70 reduce the amount OF damages.
The Jury were instructed % TAX Into consider dion
all the circumstances which went 10 make up tue In
jury connected with the extent oths buslees the peg.
of the injury, and tie claims OF uoss depend
ent upon him. Sealed verdict. ~ 49,
{. Livingston & r. w. Stoughton for pla.ntni w.
V. b. Wilooxson for defendants.
COURT OF COMMON PLEAs-PARr III" H.-se'o'o
Judge BRADY.
ENVIRONMENT ~ MILLINERY sroRE-wHAr 1T
COSTS THE JAILORs.
Agnes Moss Jacob H. Rosenbsun and Emma to'enoaun ~
This is an action for false imprisonment. the dam
ages being laid slOe0 The hets, a. ELECTED from tho vii
The psng and her sister IN Feb 1885 the defend
millinery In Division street and ordered .wTg..h Cd
On the wreahs being finished the plaintiff refused to tie h.
male any comPe1.non for The lowers Which hsd eesa
,esd b, Ter itpe.,e, w,. that the article d. .u
proposition was made by M. Rosenbaap one Of the d.
sss aeecrdr 'sy y .umSdSsd and .vsd
pl.intih and her sister sinansa ,s5 on Ib n.a
two sweating that the door loed aud four shat
s. ge b % Re G 81 5s r IL s was lat
astihswg. for pIaiDiif R. Goodman for defond.n
srreAp TgsacJ.s ls BET Jude 9 iSc1.nA~
Motion for a new trial denied
Mary C T.. Bunker sst- Loui. Rank~
Order OF reference 10 Francis Byrne.
George w. Gaskn Ast. Wlheluhs o''Ao
William Smith Ast EnItus vhes;oo.
Order Of reference ~ Thomas Boe'c.
UNITED STATES CIRCUIT COURT-JAs 6-Bef''s
Judge HALL.
jacob A. Conovsr ast. Peter X. Roach and oih'ta
This was an action for an infringement, OF ne plan.
ns. patent wood splitting Machine The u. Soe'p asa
ay as s,s s jaa y," a Il fR jury .s Sss sp
twenty hours, were an.Sle 70 Asse' ih'' ""''
'' y tAs %eip q Js@s. and n Keller r0a, Geo.
Clifford Tor defendzLts
SUPREME CoURT-sPrcI.L Tssa-Jls IS -Be''fe 'a<'
CLERkE.
DECISIONS.
BOerdmAn sst Gardiner
Motion granted.
Van Dlrer sst Van Durer
This action 10 be proceeded witbi ne ounos 70 ~
stated The question d costs to be reserved un '"' 's~
Boyd at. Van Dur,r
Proceedings stayed.
Eash sgt Klein. .
Motion granted with liberty 10 deiendant 10 shoos
payment Of e. costs h A., a., = n
IboInsoa and Armstrong Executors o. ,0hH "''A" 's
Ordered that all monies Of said executors oecogns
10 s,d eststs b. deposited the tied sAies tf'' Vn
tsuy 10 abide tie order Of he Court
i' Before Judge NUcHELL.
Ausi. Cornell &c ast Mar NJ Cdinswood nplssded se-
Plaintiff 10 have leave 10 amDn c0lnP'Au'
dan, % b. a. liberty 20 answer owe, Nc
COURT OF GENERAL sEsSDSs-JAs' To- os'"' ''"s'
RCssLL, t:-- -.
james Mccormack injected Tor receiving ''''"
goods y tTsd and acquitted III, II .o,u;.,.x
Theodore Lewis al 81 CBTk, wa urea Emo cy".ES'
Of Yrand larceny 10 resilnE Two y. IT, -. -
from No. Isl Broadway. liz vas ssH'sH1es - TAO ' '
Tbos johnson pleaded guilty TO an attempt az Tma
larceny in stealing sod watch, valued y slo. from C.nH
bell A. Feirdse Of No y fl ne ,pn a. "'
-
MARRIED..
pyNJABIN-WOOLF On Wednesday Jan, ~ n tas
4 "A I.a.rs Alfred Benjamin - sophia eios" V''s@'
Horfis Wool. esq Of this city a.
cOsIBZ-THOaPsoN-ru this city. % rsar'as' - NJ,
b tbs Rev. DR.. Van kleeck, AoILo y. -, S,ay
csushter Of Charles w. Thompson botn p" ~, -
c,Np pyysor ma, q, Jobn's Church, socs pso, On
$500 Ia IL b, rss Rev. samuel H9binn ronh, vss.