The sun. [volume] (New York [N.Y.]) 1833-1916, 1862-02-14

U. \, District Cour.
Pri.e Cdse-7he L. y. rs. hc BRIG Sarah
Starr and Her Cdrgo.--A sale Of the ca-goo " TINS
ship, consisting Of turDentne, was now die'tei :,
Ia made hy the Prize ComTis-inners, the pr,
ceeiS the'euf to he paid into C,ur, p uiing final
decree AMI appeal The cargo Is v-luei at SIi, o..
supreme Court
NJ. Smith Changes his Name -Appiicd'ioa
81 Charles Snib --rhc petitioner applied O. the
Court ~ have his name changed. In support ~ the
mott VI his papers represented To the Court thot
there were many Charles Smiths in the city cf New
York. Some Of vhc4u many Of his business letters
sought In preference " himself, who, being engaged
in the jewelry business, was frequently subjected
~ lnss ON that Account. There were Smiths, to-,
~ exactly his name. but Of verse character, who
were guilty of crimes OF which M Smith, the Jew.
eller, did nut wish ~ he suspected
Mr.. Smiths partner had oilered him $1,000 " 10
changed in name" tsupposing Il would 10 titt
much b, ueft W the hfm).
A ! these reasons induced the petitioner ~ ask
the MT Tn change hts name irnm Smith 10 Charles
L'up Ia L'opoli,
The met ga was granted, aud TIE change takes
effect on and after the bth " M'rcl.
Sentence II Coiored Nan for attempted
Rdpc.-Tbe " ung cninrci man, nstuei Alexander
NJ tth-Ws who was pcrnitted to plead guilty ~ as
-auh aud battery With ittcnt w. commit ripe up'u
ht,e white gill w.s t"riay brought hef re the
Prison for the term Of four years anl six months.
The Ctyf Rights Of Property farioi bile
Rop,epn Won tGitenbwgh Is fhs Mayor &c.
Thir WAS an action ~ c,mpe the defer dNup 10 ac-
cap' the decd ~ certain properly alleged 10 have
been M chased 10y the plAirtiG on behalf and f'r
the h'n,ft ofthe ,itr, unrcr Snt In Pur-uanco ~
al Ac, ~ tho l. .gislatute u April l1th 1860.
by ihst Az, tho Pes dent II the Metropolitan
Police Po1ri, the M troll the CITY, the Pfesi
4, 1T ~ the II ard 81 Supervisors this two lice
justices ~ tie Toutth District and the Prcablcn's
~ the ~ = ds " Al l'rnen aud Counoilmen were
| Constituted R'Ud - q umistoners g. i"cs'e and
| eject In the City ~ NV York suitable hui ding
g. be used A. a Cuutt II t-e aud place nr the de-
T. nton ~ ptis"ne's lrrugh I, the Police CNirt Ia
the Fourth District. Tue Al slso provided t1N
| tie grnund ~ buildings 30 g. be purchase aud
erected should i've tho property " the City Of New
York.
This B,arl assuming H. &c, In behalf " u 9 city,
executed agreepett in writing Nth the pltiuuh
{, purh Of him twp lots ON b'th ,trect, fur the
sum " 81 ono. The Comptroller refused o. accept "a
| decd ofthe property when tendercd, or to pay the
money.
The doNenlants demurred n the complaint claim
ing that the B,ard constituted by thu legislature
had no power a. bind the Corp ration, without h'
| consent
The Court he'd that tire plaintiff had mist AIKEN
liz remedy In bringing his action agans, the de-
| PENDANTS
| Although the City was public corporation. ye,
It's rights uf properly were Just ~ sscrtd ~ those oi
private corporation, tr az natural person, Toe
Legislature had ~ ro right to apps Int persons to
| make contracts Tor the one than the other.
| Tie Comm issinuers entered iuto C'ntract for
the Iurchhie 81 tie htdS vi ~. ne the couseut ~
concurrence Of the "urpHatc authnrics AMI ~ i'r
as shown, even with ne tie kntWltd yc ui kcfenlAnti
| certainly without their agency.
Ast TIE at itself sai nothing ~ the liability oft
| Cooperation FOR the lad neNssTy frr the Cnntcm
plated building, hut provides Snuther mode ~ 80 ur-
ing pawn, ~ Tor Il, NO liability can he imp sol upon
| tho Cooperation for it, ven hal the Legislature
p1,y,t b. make contracts fnr TIE CITY ~ NV York
Ju'gu'nt was Therefore given for the dcicndar u
| VA 'hc demurrer
| ircSp'dhces on cJnOH.--,IohH y. Brcirer 0Nd
ofh,rs ~. N c Marine Bdnk NJ Gcorrd dnd others
This action brought ~ rest, ain ths defendants
| from bringing an action upon I'LL 81 exchange
| drawn hy one Mon, nj Columbus, Ghors'a, and
| accepted by the plaintiffs while junn was sending
| cotton h them. Upon the plaintiffs accrptance,
| the American Exchange Hank discounted tho bill
| and are now the hoidcts aud owners ~ tie same.
| The p'pintiil's claim that they should MT Ia COM
relied w pay IL bc,,1sa ihe Obutsf Of business wa
| stopped between the parties before the clttnn A.
| rived against which the bill was drawn, The inc
| lean Exchange Bank discounted II before tse a.
| ccpt,ucc matuttd Far value, and in the ordinary
course uf husiurss. ON the trial below, the case re-
suited u favor ofthe plaintiffs. The defendant nos
| appealed g. tle General Term upon tie ground
| above stated. Decision reserved