The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-22
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RECORD OF THE JUDGMENT AGAINST cArLIs IN ONE
OF TIE ABuvB GASES.
having betr stated in the above given that
udGmen, had been entered asa INST Dr. Cs,n for toe
br sch OF 70 agreement wth the poor woman whom he
made In the CITY Court Brooklyn, and fad the following
record oil II -
CITY COURT oy BsooxLyN.
A-M 4, us Samuel II Cdlsn Tho complau'
OF the above named plaintiff respectful shovs this
copr tns about the drst day Of Mar h one thou.
ssd sien. hund.sd and ni,y aour for the consideration
ressous and copsideraioDs thsreunto moving.
tin agreement was made and entered int bet said
This ACE the drst day Of March tas year
one thousand eight hr pdred ami fifty f,ar,
s,%us, Gsn of the ey of s00sIvn ply Ss
the second part, witoesse.h party Of the ds,
part, Tor and In sderston Of the agreement he'ensf
,econd part oovepants ana agrees hmsei Dis eIscu
tos and mrisratovs with the said party OF tn second
par her executors and admpi.t ators that or
will pay 70 the SAID party OF the cead part her lega
representatives for the time beicg the or th 'y oo
lars the 6ret day OF each month during the natural life
child hereinafter mentioned shall nod VI
twenty years. whichever OF said PERIODS shall last the
sd monthly sum Surpr " ss es ,ns
mentioned, that the said parw Of the hrst part shall
insure his life for . sum Of two thousand dollars
city Of - or in some other good ins rrauoe com
papy In the city OF New York Brooklyn, aud
that be will assign the policy said party OF second
part and will the premiu they shall due
and Will deliver TO the party Of the second pa or her
legal representatives the receipt for said pre- uiam' from
time TO time they shall be paid In consider Of he
above agreement, and Of the Of two bundrei aun
fifty dollars In band psd the recei ~hsreot tue SAID
party o. me second second pa. Is hsrsoy a1sno"stSsa toe
I'd and With the party OF the
first part bis executors and administrators that she wi
decepuy maintain and educate certain child banned JaiA
about the sth day OF Jolly 1853 until said CD Id shall
shall u age veniy one years. and tits
hereby expressly undersio,d spd agreed that che pst
of the secopd part, her legal representatives, snail N
any time and in violation OF this her contract neglect
maintain and educate saf child aforesaid, thai the
party OF the frat part shall be ZONE In any msnpef
liable for the supper. Of said chi d. then and that
nept shall and dstermipe In wines. whe IN
parties hereto have hereuno their hands seals
day and year drss above written
Sealed end delivered in presence or 40
The plaintiff further shows that since the making Of
agreen she has decen,y mai tanned ano 81
&c the sao child Julia Ann ,ad agreem.n meat ned
and has In oil respects do and formeo aud every
thing which, by said sgreemen', she required 70 do
and perform The plsnur further shows tos, the sa,d
fused and sill refuses TO pay he said plainuG the
OF $3.50 men Toned In said agree ment, aud -
Of the plsnrn, to be kept and performed under
ARIe< mept aud that the said efeodsut s et sdsb cd
TO the plaintiff 10 the sum OF $3.50 si.h int rect thereon
from the Let March, 1854 Tue plaintiff fur her states
that the said defendant has paid TO her the of 80,
being the monthly payment due to her for The NTH OF
March, 1854 under said agreement and ao further
SUM of IS on account of the mon hv ent due mo-
der sad agreement for the month Of April 1854 Bntne
plaintiff tina, the said dan' although Of
unto requested has refused aud neg Elected and sl re
fuses and ects 10 the Of SIS being the bal
due on the nsalment payable for the month Of
refuses neeects pay moothy pawn
due for the months Of May, rne July, August aud p
wherefore the plaintiff demands jadguent for tue Of
$780, with interest from lst sarcb 1854 and for the said
A. McC--, Plain ms Attorney.
Samuel e. Catp, the defendant, answers the complain.
says that the defendant denies that
fret day OF March, 1854, any ume for
ton, an agree ment copy where purpor to be set
forth in the complaint, Ary other agreement, was
made or entered into between the plaintiff and this deten
Of tue alleged agreement has dece, uy maintained
supported any supposed child nsa cd Julia Ann other
wise whether aii planun has In eli any respects
done performed each every tnipg which by any
uch supposed agreement abe VA bound 70 do perfor
ssfsc can't q" o n Sssf or u%son
that be has been requested paw plaintiff ANY
supposed Of $3.50 and he denies that he sull or
$40, any other sum, with hou intsrest there a.
from LIST March, 1854, any other ne; oefendaut
sum OF $50 or any other sum a the moutay CAV meut
alleged 10 be due her for the month OF Marca 1884,
Ger such supposed agreement and he also denies as
be paid the OF S. any other OF the
monthly instalment alleged be due, under any such
supposed agreement for the month Of April 1885,
ienosnt expressly denies that be has any time
made any pay eni ~ha,ever 70 the plaintiff under any
supposed Agreement a. 10 In said complaint set forth;
defendant further denies that he has ever been
Quested, thai he has refused, pay tbs sum
Of SIS, alleged 10 said mplaiSt n be the balance
due on the supposed in, allment claimed In sad
ANT, 70 be pay able for the month CT NIL 1854
such supposed agreement Defsn liant also denies hA
has refused TO pay the 30 e'al mot,hy payments or
ether OF them alleged In said complaint 1, be doe for
The months OF Nay, June, JAY August, sud 5eptemb =,
utder vueh supposed agreement Defeidsat expressly
denies the making Of agreement ~baosver vito The
IL inc ebed the plain under any agreement ~hNeve.
or IN any sum OF money wha ever. DSeadant deuie'
that the paniG Is entitled TO dSmentfor the sum,
any OF them demanded In the eomplaint and defendant
prAys Judgment for his oost In this r,turn
C. Defendants Attorney.
Ctvf and County Of Neg FORK, a-SAmuol II Cat In
berg duly sworn thai be 10 the deenda1 IN this &C
ton, ba the foregoing ans ser Is true, /, the know
edge OF the ceft Ddani exce 10 III mat which
therein stated nformscn and belief and 10 these
matters be believes 10 % be true N CALM.
svo,n this 20sh day Of september, 1854, before me-
Wa SrCAE, Commssiontr Of Deeds.
The cause tried before J. Green wood, City Judge,
sno judgment ordered for the plsnin to' the amount
claimed, with csets, amounting In all 70 s5it 40
Judgment was perfected on the 2eh OF December 1854,
ana no part % II has been coleccd
srpearet The trial tina, toe time OF the execution
OF The Agreement Get fortb the complainant had the
$50 which be tkold then have been ready tae
plaintiff, and that thereupoo the agree let the
hands OF Mr. c his counsel until he Was ready 70 psy
the plaintiff the sa'd OF $3.50 He never DO sever
got ready, and a. the time the ton nensss the
agreement vas tull remsripg the hands Of the pl,n
III 3 COUNSEL and vas attempted 10 defeat the p1utds
claim The ,enchncal ground tna the Agreement had
never been delivered.
ThsatricaI and musicsi.