New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-02-10
SUPREME CouRT-erNKaAI TnRx--Fsb Z.

Dehneld o. a. OCT lire UBon Ferry Company oi n'0osSn
IN nm action for dsnages for injury to property aeg
ah ben caus,a by The negligence Of the dfendants
must that Il risiuths acts OF ouhoLs 49, =,
Si o,s solely by the neeeens Of the defend
ers where sac the facts, assuming bs' the ~
s. . W % the N sos sa HID that the should be set
ssids as against evidence Per Moncric, =
Marsh agt. Wyckos
Where verdee, in part performance OF an orai
agreement fr tbs purchase Of ond. Pays seItan suG o.
Indulgence OF pcsponement 80 to the sme o.
che conuart f.sly declining HIt' o. i pc c,;nn a.
stating matters o: excuse Ter nesfSc' hea IN an
money by the veDdev the vendor ms
tho stsr,e the agrenent being Illegal but void orly
.stheop9ne tie Ises serS1o a"f a.ifnasnl Wa ' "
prove dsr,snd before action can be mainained-FeT
MoscRIksf,J ,,o,,,p..
Held Z. ia not eIIor for the Judge prosidtcG at q
.rial his Orog as 20 TIE existence OF when
led ft.e Tha, an ssrersns by to pay cer,ln In
ssS'eess, due by Co out sS C n 70 cSn.
elsmes 20 be 10 Po'sstioa o. papers en'ns ha 6 ne pay
eevingis az cement sOt within statute o. frauds; IT
not agreement to TIE debt OF sotner sven an 'ee
chsrsv alleged real claim u lien. Pc. Mos'RIEr j.
THE Mayor, &c. Of New'York. sgt. Erbsn etsl
Ths plaintiffs, tbroagh their Commissioners,
awarded 10 the def.u6ep, money damages fo'
PopsIt, taken IN extending street aud directed ssa Ger
cages the premises sken. Tue plaintiffs By alleged nit
tAl,ed saier than the stated In the report
awarded oTke attendant by check psysee to tie
5ei order Of the o hc property and hs holder the
coslcted with It, in the possession the panifs
the Commissioners who nude the award had To-
~ paid. ana the dedsn had ,bereupon omitted oeccs
s report; aid fr,her Appearing tina. tie psid
,s. SSsrs f had ts snce the esd e vas made
Nor. On. .r.ion Commenced aud no se,nsnA fo The
seen OF the he'd been made upc1 either defend
ss:
Held that action Tor money bad and received cond not
De maintained to recoef the snount padn Of the
r~nd that tLe plaintiffs having knowledge. The Of
fthe tree amount mu.t be deed have pal
tu tirr ard further that the roprcser
The plaintiffs agents having feDsed the objections of the de-
the defendant the Court that iuusce has
NAV be error whee frou the whole case Il i ceaf tha, ia
- lily aud good conscience ought to be ,usened-Pei
Ayr.s sst. OFsuen
A cOunteTcsim wh!ca contains vahi cause of &C.
senes end DIES ct dcmui to the answer setns Up not
vi!LsaGng nay not be the proper subject Of counter
ioGL in The 1.weI L not pFSPei
10 such seiion l. purcy formal! Inc party eaed 10 'ae
don in that act9 On, Formal objections may by
SOU. in the Code IN sa,i 10 IN snser a. In s.d to COM
slant hat otoc,iOHs not 'skrn by reply demurrer
lesec. ard beI sgnee, where the cGunto1im ss up
Sef Injury meTcAs0die IN the bndug by steam snd
produced By The introduction OF bakery therein By the
lessOI-k0ba'ssE, J:
Wbere three persons engage IN conducting pusi-
al entertainment for series Of nght and Of the three
es' 10 a 1 @ 40 mos a., s1 Of M
prelg which 10 be divided among the oNirf two
e.rnsIIjp ps lse1 st Whs1 howcys1 such held
h.rsvs. aud contracts made the
suo contracts although between themselves -ro
joint recovery ce ID be had The Code asn
Of The joint debtors din one Of e debtors
bed Seen released under the Joint Debtors Aei-Pef
wsk eman ct al sr. Gowdy.
Aereditor recei.iDg from bis debtor az collateral
sscuTs the prossory Of third person, a'cue with
The and direction to tie the maker and to take
sblis.Gn Of usng diligence ia it, oeciiOD In 3, case
NE de.s stands IN H. e,'sn for the ,s'eo.
dnigeDes@s s. required 81 bale f hire or Of Sedse"
attempt collect must !, de'srin ed rom the facse cir
enmstancss Of each case, as question, oi!aw -.,.
june IT, makers responsible and who coi<aued
responsible Eu s-psmbs following wen they si-s, spd
20 collect the nee uL twenty days ses their failure Gad
The det was Lost by r. ason o. the Insolvency Of uatss
abs 10 the debtor for the los hgsussnse thereby Asi
mailed they and 'hoaf make defence. Geld
for not suing TO el-ge the pledges from the con
sequences Of ischsa-Per Monel j.
The rule is uniform that the Court will not set /
:s d 1 Of eysps VIZ h. svaenes son is
merely verdict fognd either way .Il not be disturbed BY
ssd and doyered whei. the defense that he p1rca
.s, made Of tsd rs's. h under special Sa which
esicient to authorize y, Jury to hns Ageut the defense
bisni,y written between cher parties where
te IL syerment 10 the pleadinss % which the proof
Whefe the only AeefAANy OF con.Ttc'
was The furnishing Of sane evidence notice pap,h
fhtt tie defendants dealing with another and not yah
The plain if-PeI Mcneil j.
Before Justices BOswoRTH. MorcRIgY and RoBERTsos.
DECISIONS.
George W. Powers ct al agt. VIM. Graydon ct
nj, AdILn Isslin 1t 81 sgt VIM GTsydOD-Ordsr appealed
from in eSh simed with costs Opinion ~ bosno r1b
SPECIAL TERn-FEB 7.-Before Justice WHITE.
DECISIONS.
Barnet l.. Solomon agt Daniel i. Northrup.--
Judgment Of against defendant Norhrup and
sale Of oil the nteet Of Norhrup, and delivery and pos
Frederict Enss ct res sgt Henry Schit Judgment on
deuref with leave to amend within ten days Cd payment
Fletcher WesTsy sgt David Seaman Decree asked for
Z. with w e15n sows9ee ,., MN,
ply; Same sgt Res; Same ag Wolf; ssme sgi Wade;
saias agt Sander saue sgt KearneyJudsaeDt' for P.
Before Justice RoBgaTsoS
Gso p. Wing sgt. III. N. Curtis Motion granted
Annie Byron rg, benjamin Byron-Motion for allnony
Before justice MosELI.
HsDrsh Solomon sgt David Standardization for almony
and counsel leo denied.
CHayBEES-FEB. 7.-BefoIe Justice SUTHERLAND.
KcIsIoss.
In re petition Of Ida Josephine Wiskemann, &c.
The widow IL eatd to both her dover rgIt to
enc third eps &C. In other respects the report
bo,uas Fiden ct al sgt Alexander Csssei a-Motlon
Isnied; = 10 costs ~ abide event Of action.
FAMILY JARs--cvsToDY OF CHILDREN.
In the mater Of the petition q Ella a1we for a5es. Cor
Ml1. Fowler, IT,, and Rufus Fowler
The IeatOr in this proceeding lie the mother OF "a"
tDfast. Icing srs lsolD her husband. VIM Fowler who is
Cs;da in tho lltb HegnentN and no" at the seat
of war The fLe mad CUSTODY " tho children aud on
his leaving for the OF placed tbem 70 bod with e
respondent BaDes appears Tbs. ~ Wc sh OF sep,em6sf
tween III. parties. Mr. Juttice CicTks made an oTdg
on tho eppcetion Of the relStor tEat she be AZ