The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-04-13
COURT OF cumnaN plEAs-pART |.
A enabling Debt Cannot BIO Recovered n

A enabling Debt Cannot BIO Recovered mt
Law. e's
Before Judge Cardozo.
Jawes W. J-nne1 u.s. Albert Myes-The plaintiff In this
CASE which heard yesterday sued 70 recover tho
sum Of $50, which he alleges he placed in defendants
hands for safe keeping at his place OF business Is Bow
cry, In this city 18th January, 1857 and which
sum defendant refuses return now alleging that it
was bet upon games Of ten pins and cards. which the
plaintiff lost
The defendant denied all the above allegations Evil
dence was introduced showing that tho plaintiff
spent the time from eight p n until six A. M the fol
place OF busn and engaged in card playing and ten
pin playing and also that the money was given by plain
Judge Cardozo charged the jury that there was ono
point to which he wished to direct their attention. The
plaintiff, his direct examination, swore ne had do
posted the money for safe keeping with the DEFENDANT
but his cross.examnaton he testified he had paid v
account OF some games he had lost II they found
the money was deposited to by plaintiff on his
direct examination they should find for the plaintiff;
but IL II paid account OF games OF chance they
should end for the defendant After very short con-
suaton the jury found verdict for the plaintiff Tor the
full amount
Important TO Wine Merchants.
Henry kteinknech v. Charles p. Bendr.-Plantn
sought s for nnetysix gallons Of imported
Rhine wine at 81 so per gallon delivered by him TO the
defendant on 18Th OF june 1885, and also to
the value OF three kegs, in which the wine was con-
tanned
The defendant claimed that the wine delivered to him
was not equal to the samples shown him by the plaintiff
on which he purchased the wine, and shat, In conse-
quence he offered 10 return the wine to plaintiff, who
declined TO receive It. He also stated he only bouaht
eighty gallons and that the defendant sent him ninety
six gallons M
The Judge charged that II the defendant kept the
wine longer than reasonable time, which was to BIO de-
termned by the time Of the year and the circumstances
attending the CASE, to examine IT, the verdict should be
for the plaintiff aou IN the wine was not equal TO the
sample The jury rctarnad verdict for the plaintiff
Allegation Of Forgery and False Personation
Josph Mason Henry KimmI-Thls action was
brought bond purportng to have been executed by
the defendant appeal to the General Term Of the
Court OF Common Pleas, from order directing one
Eliza Allonhain to pay SIM Of money. Tho order
affirmed at General Term and this suit was brought
against the bondsman. The bond appears TO have been
TO and acknowledged by the defendant before
Commissioner Of Deeds. on the 23d o. July. 1865 rhe
Comm ssioner whs certified to tho acknowledgment es
tilted that the acknowledgment VAS taken at his oicc
in Broadway, and that the parties introduced 70
him by Bertrand attorney at law, upon the faith
of whose ne took the affidavit and gave
the certificate Of acknowledgment The defendant
showed that he had not executed the bond, although
quested to do SO; that his signature thereto was for
gerry and that John Gleason had falsely represented
him before the Commissioner The jury returned a
verdict for the de- endant Samuel Brown for plaintiff
w. H. Newschafer for the defendant eN