New-York daily tribune., 1861-06-08
Law INTELLIGENCE
SUPREME COURr-GKSRRAL THRx-Juns T.
Before Justices CIRRKB. SUTHERLAND, aud IyGRAaAa.

OPINIONS.
Morange agt Morrs.--By the Court The refusal OF
the plaintiff complete his purchase because was essa
the prees did deprive him othe right object 10 ots
e s@ s nscesT y na,s os lie
but did not relieve hin from the Of not being
The ileuubraces should have been removed
hG rs nd f Pssnee on S S p
necessary the defendant unable perform except
or dss Sa not 20 s.sd tho <: The
defndsn cond not give go'd e at the time agreed on the
the contract. judgment affirmed with costs r
and ~ on e ,c. Of d, Dspss woua
take Of the statute aud the finding Of the Judge
shows hat the goods actually sold the DEFENDANTS credit
The Judge also 6nds that the defendant was ndbed to bs
therefore that the pntif right affected
o the arbitration In tbs think there vas no error ses
portion Of hs sount due the note to be paid to Bou
ton sill the plaintiffs boInd 70 collect the whole sum IN
JOS ph ssndOfd ct al ag Noah Nors-The promise of the
defendant in this not within the Statute Of Frauds
the paa mi,sd BY defendant induced not bid
q: tue sale. Judsn affirmed, With costs
VIM H. Anabis ast COniiin ct sl-By the Court Il We
ihk the allegation Of partnership By the suent-
tion i'll That the denial 10 tho answer Of the
the note in the complaint alleged" mere denial Of tho
writing aud not derial of the PutnershP ~ That there
denis the partnership in the and therefore, thss
f5s not idss%sa. q .%s IL ;1 ss.Ssd H..s with costs.
Jsvin GrsyBy the CourWe think In this that the
tho psit Of the plaintiff to recover Thl.
required BY the contract Even itwere necessary as to one
Judgment reversed and referred back referee
Colgate oct RusfeBy the COurt.Ths question, put he
witnesses the title OF the stock properly adissbs
rebnt,ins te,ntny, aud their exclusion was erroneous
Ibis would render to ,1bmt the case 10 the
Judgment reyers.d trial ordered abide
salmon stnn.r ss m' 10 IT, ,sSs ,hs ooaIsr.ns
which this action 6roueht was void here for want Of stamp
under Tie laws OF Cuba The Of Ludlow ct a. agt Nas
Rensselaer, o. R., az would sustain recovery the
tract although not stamped In the Courts here see also An
partnership that has limit may be dissolved by either
q q, y @e 9 G e@ oSsT SSSs @ s@ s S91 o1 s
which be might have sustained prior to the doution nor
ont the partnership aer nOce OF dis.oaon. e 10 Joha
s Peorsnee the part Of the psin,n by Appearing in
defendant given motto. Of
teuna,ion the partnership The plaintiff then
entitled DAMAGES any sustained up TO that tine but
not to prospective damages Theso ali the exceptions and
osl,Tel for the rain.ia on the verdirt with costs
sinblne =. al sst Mitchell q sL-y che couI-Ths e..
the the damage TO the defendant Of
detective character of the materials furnished Bot enough
sppeor satisfy that tho referee has erred in this
sp.et end a. It i NOT rater specially o6eeed Co. SOC .s
ee soa be % hsE Ana anSsr ae A 81 & or
sat have been naneinedda equity under the old system
practice. The complaint shows state Of fact enling the
70 re se' de3'Idsd & ,S 70 M s.sn, e se ,E 10 s aRs
thereof Judgment mas, bo reversed and tal ordered
John H. Hold,ne ct al ast Henry n. Cenklns, ct al By
the Court lag shsu IA nomnal partner who without
bng in reality partner allows he name 70 be used Such
person liable partner sthoOh the particular creditor was
gnoran the tine Of dealing that The used lChiay
CoBtrscs 1875; waugh sgt cae y BlA eis COyer
The bosf rie hi, question ibis; When the act Of the
snown 10 creditor en It does operate the
seh cirtustances a. TO satisfy the jury that psuf nigh,
known believed tho defendant partner he would DO
liable without direct proof that creditor knew Of the facts
The fudnx Of the referee ih. relied on
tpuitng defendant. card and circulating ~ such
justify the presumption OF such knowledge OIL the Part Of
the snngs Of the referee are not as to all the facts in
evidence STILL under the case n 20 n Y. Rep 53 are TO
consider the general ndiI Of the referee involving hodias
& he wishes am partcusr 6nding must require he ref
cree 90 10 ind. Judgment affirmed with costs.
QUESTION EyIDESCE.
VIM Stroud agt David nltOn-By the Court. The rule 10
well oSS that Gs e. Sy df,sS Ss s may Gs .S fsn N
now. hS Ike ene. wee not all made by the son Is not well
taken. There rch evidence On the contrary the aher
ole that some rnay have been made y other persons Ter
tm a. 10 which enTs. by the Person. and then
they would have been deducted Almost anything posibis
sd:s G os1cs esso S never been With The ad1sa
il affirmed with costs.
DECISIONS.
this rsmiipg ies. pOs sept; 49, 1853. without cost. Of
In ar. berger; Pris. as Prce An,be ast COnsnJuds
johnson ast J.k,on-ordor reversed with costs and on the
M defendant unless the plaintiff amend his eoplains
BsS BsHt IsT Ss TIE Ssa BsaNs- &
ia ordered; costs 20 abide event
Benjamin NsShouse e, q! sst George JaeksonJudsmens
George W Bee5o sst John Lawrence Judgment los
psintin OF foreclosure Of '4Ie Amount d9c sasI' A.
Ann B,ncker sgt. hn BaEckeT-Repo confirmed Of udg
ulent oil divorce granted.
George n. Ha.ings &C, ss James Lawson Ell syipdings
ard decree settled
Cornelius W. Thomas sst. Isaac L. Hunt al cssesl
Motions denied with so costs. TO abide event
Henry Seekamp, 1c, agt Jeeob T. Smh-Motion denied.
with costs
SUPERIOR COuRT-sPrcIsL TERx--JusE 7.-Bsfors
Justice HoFPNss.
Francis Patterson ct al. agt. George Hart ct al
Motion denied, with 81 coss
COURT OF COMMON PLEAS-SPkcrAL Tms-JUSE T.
Before Judge HILros.
Sporleden aet. Newman.-Case and amendments
settled.
COURT OF GENERAL SESsIoNs-JrNx T-BSforc Re-
corder HOFFMAN.
Patrick Houston, indicted for assanlt and battery
with 10 t and convicted Of intent to do bodily
harm for Which TO the PeihentiAry one year
Col Ellsworth succeeded In abcting the of Emily
Le pleaded guilty OF attempt at larceny and was sea -
he Pententiary two years
Morris lynn pleaded gully Of attempt at burglary in the
third dssror in snering house Of Herman kIoge No III
Avenue the 18th Of Msy In excuse the prisoner alleged
hat he drunk He remanded.
Ne pleaded guilty Of forgery In the fourth degree
having ssd ~ countee the Union Bank and
yct0iIcd Gustav RAssga. demanded.
Johnston pleaded Iuy OF gIsnd larceny In taking from
the house Marcus g. Tuy In Fourth los worth of
household articles the 10th Of April and rcmsnded
Uhl tried assault nd battery Michael May,
and acquitted Adjourned.