New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-12-02
NETWORK DAILY TRIBUNE. WEDNESDAY, DECEMBER 2. 1863

1t spd that subsequently and before hs plaintiffs demand
will e. and n .pie oths remonsr,ncs o the desndan
II this evidence had been admitted would have Iepecd 10
proof o. iena " me se,Sai 81 we h b
possss1ioa or any control over II.
BY the defendants that before tho demand portion Of Il bad
m nt rganst lmes Az well settled by the cited
deliver the properly snd hence there was no conversion
There must trial with costs to abide the event.
Judgment reversed.
Calvin Huntington, respondent sg Thomas Douglass ct al
Herd Gener, Term October lsoa before MoScRRy Ron.
EHrsoS, and HOW'LL J. }: decided Noy H. 1903 horIas
Nelson aud Sylvester Lay FOR sppeans C. A. Nichols for re'
spondeDt
RoBERrsog, Justicc.--Therc was conflicting evil
dem tn absOntc delivery e the Instrument Of the 2st
which it placed in the hans Bottom. The trcc ion Of
the learned Judge The jury find veriic, ioi the plaintiff
pefcupiry uncs the condition npon which the
tend. TO .howa conditioned delivery, one which could
not have been imposed because contrary to the face oil the
agreement, the charge was erroneous. .r
The instrument its face parport 10 be executed or Ger
tain cosh paid To Harlow Huntington debts due him
The deeudnts TESTIFIED that the deposary Botlon)
not to deliver until that money paid and efforts made to
stipulation the agreement II It had been absolutely de
cred womb have been evidence Of the payment and the
PENDANTS would have been obliged to dispsove IT,
II the instrument had been absolueIy delivered WAS
clearly not al absolute sale of The sood The defendants BY
Which was money sS to III aow for teSt 81 tie
Douglass Manufacturing Company Az the redne was to go
tho debt to the plaintiff and secondly other abi
Isys 1ercd he Whole III il t The piiu ~
do not and f',and that wanan'y Of title on sale
es ram % 20 i Implied rs to es,op the vendcr from setting
up the derivation Of possession By paramount, title Such
warranty mere e,ecuory covenant whose breach entitled
the injured patty to damages.
Tie law viii not the sbsnrdi'y OF both implying
TO enable the patty 10 damages and al siop
pei WHICH pre,gppoe' tst he warranty be-, been complied
the defendants of title in smother
who had night to take po.e,sO The cited by my
brother Mcneil fully establish this. There offered
to show such taking possession and excluded
The delivery Of the goods the plaintiff entirely
rueys and depends upon the delivery Of the instrument OF
concur thinking the judsmsn, should be reversed and
new trial granted with costs to abide the event.
sPHciAL TsRnNov. 3o.-Befoe Chief Justice BoswoRrH.
DECISIONS.
William b. Glover agt Henry g. Norton.-Mo-
| ton denied, With IS costs.
Wing .-Mot!on open nqus. granted provided defend
ants pay costa Of trial and cos Of opposing motion be-
AN IRON-cLAD In COURT.
Howe agt frrne ct al
An application made morning before Chief Jusce
Bosworih behalf Of the plaintiff injunction sgans,
the Defendants to restrain thru from receiving from the
United States Government large Of money due upon the
construct Of the iron clad monitor Manhattan
be ner..,ed the in the contract, by
Of private Agreement which existed between hu
and tie defendant Psnr and that lis interest exceeded the
ann Of kIsO On the Other hand Mr. Perins d~nied any
such and the defendant, secor CO. the well
tno~n hpbuder) siso denied know ledge Of any Inter
the sinh, and claimed that the contract eIclu
III. motion wa, severely contested by the defendants who
eous show that the plaintiff had my Pctens,
ofa e until the ran6s., lad been launched and the nns
payment Of more than was due from tue Govemen
to Mes,r.. seeor 4 Co. upon the contract
The decision reserved.
Ms.r H..S1oucl md wm B. Booth for ,hs Ssi.na.ns
lsrins and Sceor Go. ..r ..