New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-02-21
COURT OF APPEALS.
NOTES OF DECISIONS soT BEFORE
Williams ast. HAYES -t Al.

Williams sgt Hayes -t al
In an action for accounting the complaint alleged
that the plaintiff with the defendants in the execu
tier Of o contracts Tor boiidiog rsresd that the M sa 9
the the the plaintiff in the
upon this issue the answer was sustained oy me nnan
OF the finn taken and stated by be-
tween the parties without reference suea assets or debts
After the evidence had been closed one Of the
evidence Indebtedness OF the firm, ~hch rejected
On appeal from he judgments against him and the Painn N "a
The admission evidence e the testimony h., been closed
Court Relief only be had in the Court Of original urisdc
ton. -,
edDe spendsnt its statement Of
tent Of plaintiff interest When established that ne
such debts admitted By the failure Of the answer
II seems that party failing to call ssnon trial
implied his fsyor IN the plestnss should not after
ward be permitted to avail binnseh u, ,hs cs,f:
The lien OF mechanics and mater!almen IN the City
Of under esp ss Of ISL attached 70 labor and
made before the act took effect
Tbs lien attached upon property of married
notice he served the County Clerk suicent II
he name Of the owner Of the building situation and the
Of the esm stating 10 be under the statute IL ua-
necessary peo the Of the person with whom the CON
that the title and interest to sold under
/. that which the had 1t the time Of filling Notice OF th.
lien we'll under the act of 1881 under the amendment Of
Goold sst. Chaplin.
carrier in possession Of goods 10 be delivered TO
although the carrier notice sod do has
nsslected for IN unreasonable time &c receive them
in warehouse where there /. opportunity TO do 49, or
way clearly indicate his remuneration OF the relation Of
SO hed where carrier the Hudson River havns goods
at Albany g. be delivered 70 css on S seos sIs S.S
barge used by him place OF temporary storage and to ae
delayed them AFTER being requested and promising
do &c: and they were consumed by fire
Wolfe. Executor, &c., sgt Howes, sci implicated, &c
tlna hO UUCer contract recurring hld DerdOL u
services and pIoydns fer partial during the s.plVI
eos washable 20 TIE employer but l. before tho puton
stipulated period, dGb.ed ey sickness from completing me con
T-c entitled upon gGaasa rasrG for such Sor
Il unnecr..sfy that the plaintiff should set in bis com
matter reply defense interposine the contract
COURT OF GENERAL sEssloNs-reS. 2,.-BssOre he
corder BARNARD. -
DIR. Thomas Thompson Ellis, the confidence Hinaer,
very folly presented TO the
&c, hs yec.adoes lie i: been Tomb. foe ,es.s:
weeks pest bis suetie. having become alarmed Previous 70
th time be had been estsbshed mescal m mar
;Is The ssgdaSs .S ss.'.s H ~Ee@ very init
mate terms whis practicing physician In D''e'A
dpIs NE and .esed tia. Sd. h.e EnSm1 pr
Ellis orsi1een ,onihs during las. his ofse thai
soy psse in street. On the 'H hS o. o Se
mary .ss he ng hisn she woIs on heS
finger very pretty and toes .sap but ho trned no
ss ussstS Remaining that she ,s9Sd no. be ,h,
on IN. tioe and the Doctor stiu rea.od 70
r-'sct.a ~ h .yer Jaw the rng sorw4.d; its vauc
4, a.. H.. ,ha 49,.
sa he eonps NJ tavns becn nsde uns aa duc under
Io.s OUackenbush OF the Jeorson Mar
~ paa court The Doctor, that occasion, confessed.
s he had and kept the ring, SEX forth IL the
psnpy ems acquaintance and friend Of Miss ,berts
testified the 5eenss thst she present tho Dr.
E the ring from hs kobes hnger The Doctor asked
in familiar arf for the ring IN order that he ish rai.e
some money II, and Miss Robert. consented 70 let hlm
have II.
Five SIX other witnesses examined for the defense
Tie eVdeneeweD - show thai not only there soISas1aes