The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-01-17
Marine Court.
Before Hon. Judge Mccarthy and . Jur

BEFORE hon. Judge kcCArbny ana jury
IMPORTANT TO BREWERS AND RETAIL LIQUOR
DEALERS.
JAN. 1e.-John Kerr Co. Chds r. kcChsinpey-
The plaintiffs are extensive brewers In New York. and
the defendant who retail dealer pure aased l46 hogs
heads OF ale from them ct % per hid awhe selling this
be suspected must have been mistake In the
measurement, ~ the receipts did not correspond with
the original cost BE procured gsuger. who gagged
eleven hogsheads and found that tney were snort ninety
gauge six in the possession oil another
party, Who also dealt with The plaintiffs and be found
that those six hogsheads deficient sixty two gallons
The defendant this action, by his COUNSEL Recorder
smith admitted the receipt OF the lac hnds Of ale from
uil amount claimed In consequence OF this short
sure The plaintiffs called another gaugcr witness,
who testified that since tb .st was commenced he had
lshment which averaged 81 gallons each, only being
short Of the legal measure TX gallons each. The Re-
corder summed up for the defendant and NJ Pnney for
The Judge charged The jury thai the plaintiff emil
ssu onv Ss o.ss ppo1 70 osy IN rropoor a. that
rate. II for them 10 say whether the examination
made by the defendant fair sample OF the hogshead
sent out by the plaintiff. contcndod by the plain
til that the short measure any occurred from tho fac,
that those beer hoghesds bad TO be coopercd at least
sgreed 70 send six,yhree gallons and received the mo
ney, they bound 10 do
Tho jury deducted ak gallons from each hogshesd
making 576 gallons and found verdict for the piains
for the balance with interest,"
Before Hon. Judge Maynard and Jury.
CLAIM on An ASSIGNMENT FOR THE BENEFIT OF
CREDITORS.
Cer and ohers Whilock and oihsrf-0n the sth OF
March, 1855 Norman Cutter assigned to Cutter and 9TH
ers the plaintiffs about 81 c0o, accounts TO
debt he owed them. On the 1lth Of March, 1856, he
made general assignment for the bench, OF his credi
tors 10 billiard and Ruggles On the oath OF March, Hl-
lard and Ruggles assigned al the assets Of Morn m
Cutter which they took by virtue Of the general assign
nent from Norman Gutter, 70 Adams Co creditors OF
Norman Cater Tor the Of $4,000 The claim for
which this tuit IL brought In the list assigned by Nor
Cutter 10 Cutter and others the plaintiffs on the 5'h
OF March. The defence set that this assignment Of
March sth was not made nj that time, and not made
in fact until after the general assignment OF Cut.
ter TO HiIard and Rufges, and then was
ante dated Mr. Starr, attorney and agent for the plain
ps drew this assignment 10 the plaintiffs the sh Of
March On the 18th OF March he notified the defendants
that this claim inaluced In Norman Cutters assgn
men TO Hard Rugees. He testues that he gave th Ia
roce under mistake AMI that the assignment 70 the
plaintiffs made the sth day Of March, and that he
demanded for the planus OF the defendants
one or the general Asssnees-Mr Hlard-aso testhea
that be notified OF the OF this claim 70 The
pans 10th day OF March, being day before
The general assignment made TO him and RugGlce.
On the 18th Of March . memorandum vas made In tho
books Norman Cutter showing the nct Of this claim
being cancelled The books Of ~ Gutter. The questions
of sub ned 70 the jury, who found them In
favor Of the plants and judgment for the planths Tor
the amount OF their claim and interest.