The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-06-27
. Marine Court.
Before Hon. Judge Mccarthy.

RBeaxLEss DRIVING AN "ALIBi' NOT P'OvEN.
JUNE A.-Heymax O. Gr6.nAoom Louis Knob
Ths action for damages TO recover $500 from de-
PENDANT for maliciousy running into and setting pain
th's wagon, throwing down hs horse and pjuripg the
plaintiff. On the Goth Of April plat n proceeding
slowly up the Seventh avenue in lgat wagon, behind
dirt cart keeping to the right of the ,d that just he
had passed Forty sixth street the deem along
his butcher cart with load OF calves, driving st very
rapid rate and curved or his way and struck plain
tits hind whse that plaintiff called to him 10 dess bat
instead Of doing co. he again struck upset and broke
plaintiffs wagon, purpg him and the horse very
H On the part Of the defence the defendant and others
testified that he was of at the time in the upper part OF
the city buying hogs and did not return until after the
occurrence complained or On the other hand, plaintiff,
policeman ouug Lad who kno defeodsnt veil for
sears, and who lives directly opposite bis slaughter
bouse, swore to hs density and that when they went
there the cart was Standing in the yard ~ita ID, OF
calves in IT, Tue Judge, from the waole concluded vas
malicious act, and old not believe 10 the "aibi" Jldg
nnent for the plain,,1, S7b0
Jocob Oarom DAVID n. Anthony and Joseph R.lua Us.
r NJ Gedney THE action @as brought 10 rec,ger $500
note. dated 30ih August, 1858, ut four 1uths la
Of George L. West 20. Defendant denlei making
he note Indebtedness TO the plaintiff, Sha'sger.
tappesred from the evidence ia 1857
lanes Mkea kept coal yard in Thirty oiurh street,
this city, and became invelved in pecunary circum
after wkcn he carried business 10 OF
The defendant and that while carrying bisoess 10 THIS
way he was 10 lpe habit OF giving deren
daDts name, power OF attorney Defeueiat de
MED making or signing any power Of attorney, or
ever 10 any way authorizing nhliken to sgn nis
The power Of Attorney was produced and proveo
by the suhecsi hog w,tlsss roe defendant was
IN bis behalf, sDi testified raal tue only pspsr /,
signed wncn be thought was rs creditor
400 two NOES given min by Milksa 10 liable
bin (Mlken) 10 take the benefit OF the two thfd act
ehlCh mere friendly act, rs nothing <as Gie h'n
MDlikesi Toe council OF Mikea lhea Ca ei
. w.iness, and testified that before tue masos of the
power of attorney be aske1 10 draw such paper
and that be cautioned deeohan, ,sinst giving aoy
uoger sgn his 90 checks, notes. &c., ~. days
aler the Eager sgnei II further appe ued 10 ev-
toat weat Co bat previously sot coal for such
uoies, and bad kposledge thai AlSen sigciag de
Dsn.s under power OF attorney, aad that ~heo
tney received tue ooie suit and long before is
ry, they passed II TO plants for value JUG nen Tor
p!a btiljs $500 nod costa.
7honas Golfer vs Ii1I,icm Woy Isaac G.. Begraw ct
al The painful from cefeud suts
from tire Parker siis Company Of Mass lcnusetts In
aurI, 1857. tire dsiendaots who mercnaus 10 tnis
CITY. ipdebted the Parker Wills Com tho
Of SIS So7 49, aud asked extension giving their
notes: fevern ali creditors signed the extension
smouRst the PafSsr Mills Compioy rna serms OF
She eXensiou tn time not ed oat far
gsrded their cs.m out at the request OF ayen;s
notes for q shorter period mode tba r!liday
coDtt nDlated. Toofe by agrsemeo we'd
tiua, pSTt being pad they 0ecame due,
and given for tue Amount re aiaog due. outi
whole pad iu,i. This suit broog1.
TO recover tie sum S467 81 Nbi n goult the
the original indebtedLess judgment for defen
darts.