New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-05-17
Id W INTELLIGENCE.
suFRloR coURr-enrsu rrRs-MIs ia-Besr,


ISTERHsTiSC PARTsERsBIP DEcIsIos.
tAe matter Of the difference between Emery c. Chid' and
These parties entered INTO partnership, each putting
N g. 600 as capital. BY the terms Of the sgTeemen
between them, Mr.. Childs TO attend TO the busi
Dess, far be conveniently could in this sity and
forward goods to HssbrOuck in Iowa, where the latte
va 10 devote his whole time 10 the business. Child
10 receive onefourh of the profits and Hasbrouck
The remainder. The agreement was drawn between
themselves, and nothing ssid about losses. The
blsintes unsuccessful, and about 49, 300 OF the
capital was lost. The question at issue was how the
remaining $500 Of the capital should be divided.
Childe claimed that he entitled TO the whole Of it,
md thst Hssbrouok indebted to him in the sum Of
800 beside, making 81 500. This claim based
spsD the theory that as he to receive only
fourth Of the profits he should only lose onefOuth Of
the capital invested by him. Hasbrouck claimed that
Ne $500 should be equally divided between them.
Ybe Court held that the sum should be equally d.
vidsd as claimed by Hesbrouck, each party TO pay
lis own eosts. Francis Byne for Mr.. Guilds; ex-
Jsdge MeKissock and X. A. Southwick of Nevburgn
6r Mr.. Hasbrouck.
John Webster agt. Daniel Stakeholder re-
Eva Loiefmsnn agt. Simon Solomon.-O Order affirmed
With costs.
COURT OF COMMON PLEAs-MAY b.-Befors Judge
The People sgt. Hey6ecker.
This was action against the defendant TO recover
asy Of 50 for ySsns he provision Of The MetIoPohan
... NJ D Iskson ' seas p.te, AsrSy and oos
a Ss ssSss S1 The a s s G
:srssI Of West Brosdwsy and White street: On Sunday
man 'w0Is ths. between e and 70 ccSst he saw
..~.n 20 IL With pitcher e' and Id that :. she came out
Ae sshed into the pitcher and that contained beer
<st BY door which through
.si several drinking he ala they
inine it of red color; that and asked
hind when the boy told her that they did not sell liquor
I, the S % he s IRS a10 md
extended criticism Of the language Of the statute oontendne
sy devoid meaning and be moved for no1.a which was
sd He then argued to the Jury that had been made
lodge DAILY that Court that the Less-
ts meant something s the words p & sefP Taa. there
tmpeetly expressed that impossible to what they
statse effect the Legislature having failed
p,ss Whist they meant intended But though he coa no;
unless the statute was such that no meaning could
and declare meaning That in interpreting statute
... always be construed with reference to the ens ,I
.hsn the statute was passed and ta. following this , F i
aha. lawful for any person to publicly seeP or dis
Of hGuor, n sand coor rh ss mrP e
word keep not used the defendants counsel con
The words Of the statute shall not publicly keep We say
Of sskeeper that he Keeps groceries that he keeps dry
6sm SALE this the word used. That he
sAa not publicly keep that is tina, he shall not for sale
ordinary facilities for purchasing The vending aud sell
ing OF liquor lawful employment, III winch any mar
distinction between Sunday and any other dsy-t he
"Opens his bop Sundey the upon other day
II the week thus putting himself III condition 10 se and
dispose Of hGHOI be is guilty of publicly ,t",Y &
pose The police regulation aud must
b construed II Is OF the enacments prohibiting
fss pursuits ordinary calling sunday and securing
day Of Men close their shop, and abstain
ordinary employment Sunday, exclusively from
the respect day religious Observance
keep the seventh day those who engaged in
being allowed follow their ordinary
do
tAs dspoDe oquoI publicly Sunday keeping oft pub
ky with the design and intent Of dsposng of 20 al who
wish H. The latter the ofense charged
The Judge then charged the Jury that they sats
k that the defendant kept liquor with the design ana neu Of
dsposns Of publicly Sunday thai he had violated the law
md that made difference whether he did directly udi
rscy that the act consisted In putting hms in posi-
and shordins the public the ordinary facilities
tparshae H. They would the evidence whether the
deiepdani done that II his duty tell them
what and then to determine whether IL had been
gree had be discharged They stood esh; for the FeoPs and
kar for the defendant
SUPREME COURT-Cm,~srRs-Ma May l5-Besore Judge
Benjamin issacs agt Jacob Dsvs.-The weight OF
strongly against defendant thai the motion must
- denied Defendant fnrthes stidsvit- 20
skvsed.
COURT OF GENERAL sESSlONS-MtY i5-Befure Judge
RUSSELL.
To-day, several parties brought up for sentence
funnsga Cox convicted of arson in the third de-
sentenced TO the State Prison ycars
Daniel Eclee convicted Of assault and battery uron
Nm sseae't Was sentenced to the Psnltenay ioT ninety
days
James Taylor, alias Crawford, found guilty Of
0snd r-uAndd In
kess made for Trial
Thos. Florence Fleming, convicted OF An atttemnt