New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-05-23
LAW INTELLIGENCE.
COURT OF COMMON PLEAs-TrlAL TEHy-MAr o.
Before Judge CAlDozo.

Before Judge CArDozo.
roo0Tss,.,, OF CIIATTpLs--C It'll hORToAGbs'
tSicssrf Dudgeon sgt Herman AoseImau;
nvo IeirtiG in this case brings suit ioI the I'co'
ery of an unpaid balance Of syo ~ as a. liz stg a.
| der tho following Ca 1"''a" 80 "
tho 21 81 Msy Isss be agreed 10 ., aud ca asn,er y
LIHst Constantine Who was then engaged Ia eneeav0
Jorge scrap tn the steam hammer l question Cons aniin,
nsrir tie time 500 cssh and 10 pay AZ various ne,
various sums guung IA oil % u 800 with agreclen
be did not succeed be sioad return TIE hsnner and re
back the s2l Nj Consan9es sory differs t.i'
though It be paid for In inameuts ana tie panta
sad II u ala Hoi sI 10 os-A"a'J oos a. 81
Urlk Alderman claims b. have advanced money non no
otine IN Constantine ard took from HIM successive chaiiel
mortgages the last being for $500 and hed Oct 81 lroi
On the 5lst day OF January rb the ppi! iConstahhe
including the hammer was sold ulder execution ana aso un
der the mortgage and defendant n this bought
ed mi ye2, of the oahu of Mr. Dudseor
warner az pItseH. I, ~ ~ " .
Dadgeon aud Constantine and the adj
vanoes MADE BY bona Gas' Of the
mortgage were disputed occupied days the
law being much disputed as the facts a.
At the cose OF the testimony te eeenaant moseu
the complaint which deaieo The Court charged
the Jury In substance as follows:
The tIsi point H. what was the contract ID repee' 70 lno
title Of the hammer by the version given by Mr. Dgdseon
tie title remained IN him until the banuer vas PAID ioI ac
coiding 10 MI CONSTANTINE he tllo psseu 10 nun uhu 20
simply became debtor for It's price You are 10 decide on
tract paistn. II you determine that
binary sale credit and not agreement BY Which noiwth
must the defendant IT, however you bud MI Dud
geOn to be tie correct WI then inquire
did Ulfick Alderman through Herman biz agent good
faith relying upon the security OF the hammer aud believing
IL to be the property Of Mr. Consanne end money 70 the
latter mortg upon the hammer u De did. t1eD
you sill fad verdict Or tie defendant because, although no
title may have passed to Couantine yet piantih placed
ehae possessiOn oOthng him with TIE Of
ewnenp ana thereby enabled him 70 deceive anybody into
the belief that II IA fact belonged 10 him and II M Aeser
man and under that deception parted with bis
poney faith OF the hammer then no cannot be allowed
&C., IN GOOD h believing il To- 6c Coasadtas and pert
ny with BIS money that belief must be regarded Us bona
hoe mortgage for value without nOcs and theeioreas Av
ing title Notwithstanding the real ownership MAY nave been
10 md th. which will entls defendant to your verdict you
satisfied first That MI Alderman as the agent or
ecury OF the hammer and that when he did lie either
agreed that he should receive mortgage
upon H. Second That when he did 90 he had no notce
OF the alleged by pnih TO have been made By hin
With Constantine bot IN good faith supposed IL 10 pe nc
taaly aud absolutely Mr. Consanllnos p9ltiV. -,
II you fud facts yoar verdict viii be for the defendant
II not will he for The plaintiff There Is DO dispute that DO
the purchase at the auction sale The defendant was no
saw u take this property or you md II Was the paihth
and that the mortgage under what nave Aa 10 you %
stand) into his possession and sell tho palnn a hou I'M
personally abo whether he acting as principal or agent
The sale executions mmateria IL Is only e
derived through the mortgage Sleh car ,ad ~ ~
ant that depends what has been already stated Al you
isIest from he Path December le6i The jury found
verdict for the plaintiff MI George owen and MI 1fHham
for plaintiff Mir wehe and Mr.. Darlington for defendant
SUPREME COURT-CHADERs-MAr 22.-BefOre Justice
BAENAED
DECISIONS.
Frederick NeudoriIer agt. Berry b. Lee.-Motion
DENIED. r,- 49,,
Mary Hagcrmen sgt George Crais-Refarence ordered
Iockwood agt. T. b. Sander ct al. George C. Genet agt
G.. II. Communications granted 90. .,
James Whiieley agi s. AsheyGranted Tor the second
Friday Ia June ,,.s- 81,
Frederick b. Swift agt. Daniel Van Wart-Motion denied
Granville Nicholson agt. Albert j. Bass-Motoh granted
MARY T. Grips AIT Edward W. Cripps-Judgment Of d.
granted
Before Justice MULLEN
Caroline Atwster sgt John W. Atwater-Repoft OF hei
confirmed and Judgment OF divorce granted nom Oed
ana DOaiNi palntln 70 have custol. OF Tue CA'uo"
COURT CALENDARS--TMs DAY 80.
SUPREME CoURT-CIRCUIT-Part l.-N0s. 1922
1919 1903 1881 1879 $3.50 1891 1881 1895 1891 1922 lto
6J1 1908 l6Ol, 1909 1911 1915, lOl7 lOi9 tart i-hu
ourned Tor the term Part III-Nos. 6i5 sol, y9 l4 ~
s43 g7 339 ~, 7J s2l sO2 1882 1900 l323 lJoV 49, a.
1875 1916. SpKcIAL rns-Dcmurrers-Nos 10, T. Issues
oil Law and Fact.-Nos 23-, ISL. 2U9 2il 10 20. -
SUPERIOR COURT-part Nos. 25l1, 2JI9, go,
I'M s 1917 1872 20sl li27 22l7 2O5 ST. 1913 25oJ 2J9'
| Part II-No Calendar posted -
! Court OF COMMON PLEAs.-PaTt Mos. 4lJ,
1910 l5j l52 1873 3 1905 f7i 1855 1916 1916 l5I l4
SO 1854 Part -Nos. 1852, ll6 1871 1896, iO0 1904,
| 1906 lCJs 1870 Gel lfi0, lJ52. l55r, 1883, lee.