New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-03-12

IN
Pss.s Jackson and Dixon walked al toe way TO John
fI.Dds, tbe bret Hotel. ~
morning
SUPREME C0URT-sPEcIAL TEsN-M.scH li.-Befors
Judge DAVIES.
GEO. W. NILES FROM sEw POINT OF yIEw-wHAr
IS COUNTER CLAIM
stephen ID. DI.ye george W. Niles
This suit has peculiar interest owing 10 the ques-
ton now pndps to the right Of he defendant to pet ce Ia
The brought by the assignee Cyrus True who
or at a n si and him as such to coec, the
value o. Pron.oiy note made for sl TO his ndot.e aud
John r. Co~sn maker Of the in action in the Court Of
Common Plea bat retained the whole and converted TO
On 9th of August the defendant arrested and held
the 18th Angus, he served bis wherein he de-
Lies the Plaintiffs night TO '1e assignee well as all other
$50 which b. existed against the plaintiff assnor
On the sh last the assignment alleged to have been
Tie psnf having neglected reply in tims this
obtained an Older to show WY he soud
DAVIES IA counter cl.in one existing 10 favor Of
a ;ad be o.d The a
ieLdsn up indebtedness Of the p.na to hin on Sheh
he could recover against him He claims that True the
the plaintiff The time aad prior 20 tho Of
Ian, In .um ;. cient extnaui.h claim Tbi' not
counter claim. relied on as payment OF the clAn Tue
defendant does pretend 70 have cros.temaud aiao es
plaintiff merely alleges matter which, 1t true sho" n At
The plaintiff had Cause Of ai,io9 against him such
plaintiff ses reply he do So nHse P'o tsHe GA PAI
H. VI ~ costs of opposing this motion
Di Ir fS' e1' Ella. f.,S o' sF.'
Order appointing receiver granted.
Henry Poisonuer sst Henry Gersle
Motion to vscate oToar OF arrest denied.
before Judge PLAB0DY.
IT. Lippncoit Cha. NJ Simpson.
The whole statement Ct the defense, excep. : e de-
In the Hssr Of application Ct Vim. v Brady Tor p.ymea.
Ordered payment of awards pursuant to referee
"P''' Before Judge ROOSEVELT.
Thso. Titus AIT. The New-Yofk and Er Railroad Co.
New trial oenlrd with sis.
STALE CLAINs-PREst MD SErTLEaENr-PRoHIssOR
sOIE.
John Tresdwells IKE ;utors sgt. Alfred Abrams.
RoosIvELI, The defendant ad nits the claim Of
the plaintiff for 200 the baSu due poui.sory
made BY BIN OIL the 9Th AP aol on act. up aim
On Trial the Judge charged and the Jury found ins
aue.ion-w.s charge right thus again called upon
sptr Juage review the decision e another single judge
both Of the Court and both wit, the power,. The
Edtne.s Of the proc eduIe manifest for ssuueut For
tupatey tor diversity Of opinion . to the
ChCnoo,y his said I, one Of the eye, Of history Applied
the defendant clan. leaves no room 1f aa0 Of ,s
note (~ho died the 5h Of Decenbc 1851, in his Lifetime
,pes Of seven OF eight year. during year. 1913
20 1913 be employed for the ater part OF the time but
Which was, with scme s,paret, contradiction during about
qusrr OF the time" tie then worked continuously Tor SIX
.tesd, tor pne,een nrath, and h, til l7h
April 1851 " when biz work labor and services whatever
wbst was 70 be bis ,sryor pcrap. properly speak
p hi. w:ss.-. very anee,t.n No price Sf az Ss AGREED
pcion q properly UOfortun.ey however the 's.s.or
infer defeated in his highly hbsr aie1t'ns de had toe
enough nevertheless would seen verbally 70 rene" as Pee
bis services certain property In fssbGsh called the Ian
",on Place then owned By him. and OF the value oil so'u'
Such In substance the defendants counter claim 81 pre-
,epted BY hin self Il exhibits ito dates when bro shE TO-
aeh.r pared this striking and cetoiy not very usual
phenOnenon .heea who .oI himself In eioe
10 be srotes debtor TO the extent Of 90 oI many yss
services completed only ten days before eIscns land ae
other freely syin. wtn e1s:semeat PGmiins o. s
ralse reeeiSsd How n possible that such al acsao~aS
en her. rIi.led ~ -. tm. LSowa ard admitted
debt in favor OF the msker ard against ne p.,es OF w.py
the sm.nt ,hord only have been demanded s1d
given but payment aerwsrd eIActed and "n
going the evidence in detail seen, 70 me the
Judge ed the could do no Ices under ne ercan
services any bsvps been rendered before the date Of As
pote and il not being shown for whA the noe W.
had risht-he did not they were oound-to piesne
cor nseo1 WI. the 3. sn S IA o.ss Such
charge OILY BY law b.. esasoa, ~
The exception the r-re, tnA, point snt 10 10 we os
aJos for %.w III t.Si.d aSS Judgment pas r
the balance Of the note with interest sns costs sco'ns
The case. Of DeForts: .s BoOmusd,ls and L,ts az ~
.on THE lss u the Court Of APPes. are Conclusive '''
DEMO, 80 and selten ell
IT New Yori and Eri. Ralrosd Company james or a.
This seton was brought BY TIE Enc kaluTsa 20 re-
e7e6 for freight cattle. The cattle vee sHpa
aud IL the Of Wing Co. The PlAint' u tne
say, that certain time they mad 10 then
cattle which they had LEI for freight, kc III eIoY aaa
tbs; defendant promised confederation ina: ney woea w
Up their lien and deliver the cattle 10 person ~ Hp
TIA; BE- would pay them the freight, he at9tesAl t
DID oortoinl IL this promise give up tnef Ill., 40 40
cattle 70 the srso1 By defendant named: ~
The answer denies tie pronise, and also oeIles ue.
gave Up any len pared with the cattle on aaJ promise
Tie evidence shows tina: plaintiffs had toe c. tna as.a
them fer the tine claimed for freight A1d cSases so
psrsG ttt defendant, sny one seIn5 1911 IL ". -
The owner Of the cattle his Isenth sPpnee 20
part with them 10 hin without the payment o. .ns
chEges that plaintiffs iefus.d this request tst N.
suirG ceer dart present ssied him be wo1,a zee .oe
raid n plaintiff would deliver the cattle Defendant repiea
thai he would and ihes, upon plaintiffs deyer-d lae
the iorna nkins or them. They cid not ee1ors - @ 80
an and wee co, delivered 20 hum or soJ OF.
and eef-nrXh did not plaintiffs the roney I ~,
veie held Eaton DAVIS for plaintiff rinnJ ~i~e' ~
defendant
He'd BY tie Cou TIA. this 10 clearly ms aaert -
srsver fUf the debt another and 10: being IL ~
in The statute Of frauds That the rinaisn meat o,
the creditor or the t2ilh Of such porse coes LS
10 make batrs the promisor should become 'ee PP
dsbtor $500, ,..L
dspOscn introduced lac stage n 'os .h - -, IN
veet 70 stov that TIE noley for be pAyn1.1 - go.
see:uen .u ieft The deen8sn< IRON tas er'eess ~ ~
e. til oAa.A ,...
Hai . :. cs~s. u.. To. p..a.p ssa's ~ ds*" ~