New-York tribune., 1867-03-26
SUPREME COURT-CIRcuu-T MARCH 2J.-Bcforc Mr
Justice SUTHERLAND.
4 TRANSACTION II EIIg. y
hlwarl Schenrk afi. Bell ( %.

4
the ps plaintiff, The Wei EAc%a horse aaconser on
shares Of Ere on March 2' i5e they sod The stock %
carry it until " sold ~ the r. ulal Board ~ or undcr i
ON the morning OF the goth Erc looked blue had fallen
rapidly Tor several dave was likely 20 go lower, aud the
fendauts sold though before io opening Of the Regular
sold quickly down 10 So and on tho next day down 10 a.
The sae was reported 20 the painilff on The morning OF
cncd st but on the next day. according 90 the defend
make dfrpenre nee OF 81 @ more agaH plaintl ne
called at their Office expressed MS regret "a bis action OF
tho day before said no Was glad tho sale and would
/ ratify IL in Iuy possible way
rho stock subsequently took upward turn and the
plaintiff then sued claiming damage TO tho amount on
$4,000 which he sought the trial 20 increase 10 2oOOs
The defendants proved and the plaintiff did not deny.
that before the onlo aud while the stock was falling he
told the defendants 20 sell. twist turn the stock do
what they liked with a. as If 1t were their oVn fG
The jury after bcng two minutes, returned
verdict for the dofedants The Court added an allow
james h suith Jr. for plaintiff Jno. L. Parsons for
Before Mr.. Justice CLERKE.
MCEGANIIIE % I, HONOR
The defendant in this suit purchased Of the plain
tiff bill OF goods for S5CO0, for which he gave mort
told he must give his note with responsible indorser
He gave note with one Van Allen as lndoIser The
the ownor Of fstn in New Jersey worth $4,000, while
in reality the farm was hs wife's The goods purchased
When they reached MatamorOs the var was ended and
tho market fiat The goods were sold at auction, and tho
arrival hero the plaintiff at sued him not the note
but Tor tho deceit and had him arrested His defense els Is
farm and that the defendant had full opportunity to dis
The Court charged that II theldefendant knew Van
Allen to have owned the armSpr q not knowing It
ne hnd represenea ~ MAI naptf9 III So knew IT, at
that il not Knowing the fact he had merely stated be
plaintiff was not misled he was not liable
The Court ordered sealed verdict Mr. Gerry for plain
tiff; Mr.. A. A. Nash for defendant.
~ CuAMBEIs.-BefOre Mr. Justice f. ID. SMITH.
DECISIONS.
+. 8. Mills OF al agt. Freeman Orne-Aiotlon denied
Richard Irwin ct al agt b. J. H. Trask jr, ct a-MO
tOn granted and Judgment ordered for PLAINTIFFS damages
Oliver f. Wood ct al agt. II. o. Mildleton.-Moton
In re H. o. Middleton agt. st. Lucica Birdsey.-Moton
denied with $40 costs.
vaen0 agt nhIotion granted on part OF $40 costs
of motion and disbursements and 5herlffs fees aud $40
Sedgwick agt. Garvey.-Judgment ordered.
Austin agt Kelly ct al-Moton denied with $40 costs.
Before Mr. Justice IsGRAIAM.
Julia Hogan agt. Abraham w Bockee-Motlon granted
on payment OF Of December term heretofore ordered
10 be paid costs OF inquest and subsequent proceedings
and costs OF notion $l0he cause TO be restored 10 the
calendar and set down for trial Tor second Monday OF
James G. Derrckson ct al. ogt. Charles Bushar ct al
Ovcrman ct AL agt Wait ct al.-Motlon TO strike out
answer as irrelevant granted with leave to defendant to
plant without costs TO either party.
Maxwell agt. smonton-MotIon granted on payment
Same agt same.-Motion denied defendants. Costs $40,
10 abide event
Hermance agt. Recommendation denied.
Rails agt Rack-Moton denied with $40 costs, to abide
event.
Crawford agt Kirby.Dfotion denied with $40 costs.
Mundy agt bfasieras.-MOtiOD denied.
Donnely agt. Grace.-The money received from An
drews he swears earnings for the last GO days An
drews says was things sold debtor right to
portion OF his earnings for his support but when he ia
Joined from collecting them he has right 10 c0ccteyen
earnings except by the order OF the Court The amount
received however, not excessive for the support or
family, and II earnings might be allowed. think 1t.
however fair 10 TO presume Ia the absence Of proof that
not hnn onehalf could be considered earnings Tho
balance he must pay and II the Is not paid over
in ten days, commitment may issue.
Henry agt. Granned.-MOon denied on defendants sti
pulang 10 strike out OF answer part referred to- Plain
tiff's costs to abide event.
SUPERIOR COURT TRIAL TRRM-MARCH 49, Before
: Justice GfiiyIS
VERDICT AGAINST THE CITY.
Angus Ross sgt The Mayor. &c.
This il n suit tried and reported twice already,
growing out Of fire which occurred the night of the
July riots The plaintiff owned pork packing business
carried on In building at the corner OF Washington and
West HOustonss The fire originated in the lumber yard
of Wells, Baker Co., who employed eol0red and
TO have been special objects OF the mob's hatred
The plaintiff first put IN claim for s5 0OO which he after
ward increased 10 $1,000. BY compromise judg
mont is now entered for S8,GGl 10.
Barney. Butler Parsons for plaintiff; Mr.. O'Gornan,
for defendants
A CHURCH TURNED TO A STORE-HOTsE