New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-06-06
port Waroen's Notite.
LAW INTELLIGENCE.
SUPERIOR C0URr-TRnL TERM-MAr e4-Before ys.
flee GARvN.
THE VALUE OF A LADY's MISUNDERSTANDING Cd
CARRIERS AND FORwARDRRs

| THE VALUE OF LADYs MISUNDERSTANDING Oh
CARRIERS AND FORwARDRRs.
Clara W. Warner ACT The Western Transportation Co.
The plaintiffs wardrobe, &c. was shipped from Buff
Mount aS@ i defendants as d.
boxes which contained it, at the port Of NewYork aud on
the arrival Of the goods St the port the defendants
plying between NewYork and stanford. in the State Cos
necteu TO be delivered at Stamford TO the plaintiff Ia ike
condition. The freight paid - per 100 on soIs
When the trunks &c arrived Sanfor the plinf iound
that they bad been broken open and o the
contents stolen What aggravated the natter Wes thai he
lady had but recently been married tie trunks beng ser
Rss on par sso Saca at @ lace @ @
ring and pearl box at s2O6 one SILK dess valued @ aud
she claimed to have lost was s34ll s.
The case occupied whole Of Monday and dav the
plaintiff being the stand the greater u the dine
vet unconcuded At the close the PLAINTIFF The
iendans moved for nonsui on the grounds first ho' the
contract 70 deliver the articles on ooard the sarod
boat their liability carriers having then cesed
and their liability afterward being merely hat Of iorwae
and ii appearing armatve that the loss had happened
before goods placed the Stanford boat but tho
presumpOns from the evidence already being that was
ateryard second Of the Company
merchandise and not ewely and articles as valuable
ewery il was ridiculous to suppose hat they woad m
chandise and therefore third fraud the COMPANY
Of which the plaintiff could Hot recover Tho
The defendant then introduced show tnsi
goods When delivered al NewYork 10 Stanford ton
were in good order. Case still on.
Mr. Black o5 Plaintiff Mr. AsS FOR 9. aeuss
DECISIONS
Louis Evers agt John c. Brewer.-Mouon To open
default grauted with $40 costs -,
John NJ Webb agt Aichael fni~eL-Mo"on !" opcN os'
Charles W Baker ast. VIM. c. Conner Motion granted
Thos b. Oackley agt. VIM. s. Sears.-Moon granted and
proceedings stayed unt after the hearing OF the motion for
Horace B. claaiu agt. Robert j. Naturalization granted
and Receiver appointed 80 -,
Charles T. Secor Thurow WeedMotion TO dissolYei ne
juHction granted, with slO costs
Before Justice GARvIs.
Sheriff Jagm Rlesa ct al-Case set
tied. Papers all the above in the Clerks office
GENERAL TEn-JUSE 5-Before justices BARNARD cLtRxs
and IXGRAHAN.
QUESTIONS OF NEGLIGENCE.
Ann Cmran, Admnistrarix. respondent agt The Warren
| Chemical and Manufacturing Co.
This action was brought BY the administrators of
Michael Curran under the laws OF s47 sie for com.en
sation for bis death which occurred under peculiar ena
by them to the defendants to repair one OF their
boilers or stills distiaton Of coal tar and oils On the
9th OF January he commenced working aud worked AZ IN
the 18Th when he worked there I'll IL O'CLOCK lie fn let
for MS dnoe Saa work 1o sad o be done on the los Of the
boiler Currsns death ascrbed TO the foul
that the deceased had himself stuffed bag RGe
about six inches in diameter and the effect Of
claiming that this prevented the Of fresh air while
one the deceaseds feowworkmen testified that was
necessary to keep it closed to peTeH suoeaion rom FOUL
On the trial the oesons raised were whether all that
shown amounted negligence in the employers and fit did,
NE nry rendered ,erdct for The plaintiff for 500 FROM
this Judgment the defendants appealed claiming that tho
Judge erred in not nonsang the plaintiff also erred ~ ne
charge in aySs down tSs S C pa Was proved S
the jury and that the Judge should therefore have dismissed
| The Court reserved its decision.
| Henry L. Clinton and J. NJ Buckingham for plaintiff
CHAMBERs-JuSE Before Justice ISGRAhAM
DECISIONS.
NJ o. Leary agt. President, &c, Of Bank Of Aa-
VIM Morik agt Alonzo GOetz.-Granted for ID day Of
June.
Jno. Lusken.-Motions granted
Joseph Lanaro agt Leonard Grover granted TOD
Jas NJ Brown agt Thos F. Mason ct a.Moton granted
L. J. Howard agt. Hart Grain Separator co-Motion
North.western Bank of Virginia agt. WIN. W. Leland:
aet Alex Weech ct ali The Second National Bank ast
Daniel o Ketoham.-MotiOns granted
r. +. Andrews ct al sgt T. {. Koch.-Moon denied with
CSas LOOMS agt. CLas Miller Motion granted.
r. Haighr agi james Wood ct aL-Motion granted for
Chas. McKeon agt c; W Hsmmond ia. Ryder Ct al .s,
c. Garrison agt &. r. woOdwohi ROb Stewart ct al sgt
George W. Tarner aet n l. Hanson Molten granted
second Friday in June.
pei agi Lorens suetz WIN. McQuads ag Francis Bucslo
| G. r. Steele agt. Chas Peters ct aL-Motions granted
for second Friday in June with leave to defendant then
move TO postpone cause for absence Of Witnesses 1
Art WIN Hughes ct a.-Motons granted.
Smith s. Eaton agt Julia d. Eaton-Order granted fos
Il
CIRcun-JuNE 5-Before Justice MARTIN GROVER
MERCANTILE PAPER.
Isaac Bernhard against James +. Wenman.
This was an action on bill of exchange drawn by
one the defendant TO the order of G. G. Patterson
for accepted by the defendant The defense set
that bill accepted by the defendant for the
dation of Patterson That the ownership Of the bill
really in Martin l. Townsend that the plaintiff got the
note discount him and not BY bona hdo
sale of erchantabe paper The answer further set up
that bill given in payment for oil lands That Potter
took Townsend in his Paersons employment as an
Attorney Ttusye and elsewhere in the oil regions whers
he procured purchase land for S15 in which
he was interested BY Of contract that he should
cee onehrd all $50 per he could for
IT, This he charges to have been fraud on Patterson ana
therefore to vitiate the paper.
Mr. Townsend the stand admitted that he had gone out
with Patterson the oil regions In capacity
ot that had examined titles &C. for him. for which
He also admitted that he interested
70 the extent of In lands question but stated
that before leaving NewYork he had told Patterson he was
interested this and other land and while he had told h
that land well situated for forming companies bad
recommended him not TO purchase he had land enough
Mr. Townsend had received the note for his and Parkers
share the three who owned tho land being himself u l.
Parker and r. T. Wiuser and had transferred 1t to inc
plaintiff .o..
The defense called another witness 10 prove that the note
was unfairly obtained by Mr.. Townsend when the tout