New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-12-13

purcbse Of stock ta instead OF NJ doing
they purchased S64 ODo viz s4OO in O. Of ISL and 5000
in 1 notes. that demonstrated with Them aud repudaied
purchase their thai they would carry the
S Sye s Jsn S @ 10 a g1 2 @ + Sad Sad on Ma
them another $1,000 while they sold the gold interest
coming from tho 5s Of 1881 $40 at i making some e. 900
additional margin He charges that they bought this stock AZ
the market price aud subsequently sold Is at below the
Ho claims that IN violation o. agreement carry the
stock they sold 5000 IN September n Oo and The balance
Of the % IN November al no lO ana hs 7os the go OF
He further cdargehat IN September aad October be gave
them 81 $50 gold 70 carry u gold should reach 80 but that
they sold from October y b October - co. 90 al from 25 10
2lOi and the balance in November al 20
The defense 10 the first claim is simple denial To the
secoEd claim they say that they directed 10 sell out for the
bes price gold would bring and set connercom above
1900 The plaintiff claims 5000
The whole d yesterday occupied with the examination
p,srspopt Tor paintif Mp Bsngs for defendant
GESKRAL TERM-Before thefJastics ROBERTSON, GAEyN
and JcNEsPJ.
DECISIONS.
william Newell agt Ezra Wheeler Q: Indignant re-
oOsts.-OP.son BY ChisfJustce Robertson.
MARINE COURT.-DEc. l2--Before Judge HFARSE.
IMPORTANT DECISION USDEE TIE STATUTE OF LINZ
TATIONS
Daniel Brubacher plf agt Jacob Schsa snd John Brem
Iners, DOTS
This was an action brought upon prOmisory note
and for goods sold and delivered Tie defendants claimed that
under the of Limitations the plaintiff claim had
ing Of debt and the bringing The plaintiff how
showed that both Of the dendants for about two
the capacity Of officer and the ohs Of sueT With Of
Volunteer Regiments from this State during the late
This time tho Counsel for the plaintiff claimed should BE- De
Quoted the Statute providing & the deduction Of time that
debtor may BE- absent from the State while the defendants
Counsel commended that they being actually residents Of the
State while they In its military service the six yeors
scrd by the Statute had elapsed The Justice after careful
examination Of e various points ed by the Counsel held
that defendant leading the Statute Is bound 10 prove that
deducng each interval Of his absence he within the State
sir years Tor shorter period when shorter Is the statutory
bari after the action accrued and before the commence
ment Of tina suit that under the provisions of Rev stat 2
e. the aggregate of all debtors Absences from the State 10
70 b taken n view in determining the time limited for com
encing the action and that Ia On action on contract the
defendant has been within the State amount of time
equal since the OF action accrued and before
ths commencement Of Tho action tho Statute not bar
is mmstal siI mil years mast be spent in the State and by
joining the army the defendants dd acquire rights
An other persons 10 regard TO contracts and the Statute Of
J1dgmen, for plaintiff Peter Cook for plaintiff Hrsch
Tor deiendanta
Before Jsdgs ALxEE.
- Abner ID. IhurbeT ct al agt James Wood.
Inc plaintiffs IN this allege that they purchased
Of the defendant In October st tobacco cutting machine
under the specific agreement that did not answeT their
purposes the money paid $50 should be returned
called IN the sd Of daeTsnt cspe II e s 70 s S
fendant and the demanded The defendant refused 20
refund aud hence this suit
ooey the machine d not suit bal admits an asr,
ent 70 do ft did rot work he ayoys his resdness
to put the machine In working order The case was
cut Jury and the Court FeserTed its Decision 49,
L. MOore for plaintiff; john Stout for defendant,
COURT OF COMMON PLEAs-sPrc1AL TrsM-pso le.-
Before Judge CAsDczA
DECISIONS.
Doherty agt Cuff Motion denied.
Calm agt Walter-MOnOn granted conditional
In the matter Of Charles Lembke.-Prsyer granted.
honaTy Ggt Lord-See decision.