New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-23
fendant, and the contrnct MOI being In WRITING. rhn

PENDANT, and the contract not being In writing Tho
Court ruled that the statute did not apply where the
goods under order had been altered from their
! original condition as 10 be no longer saable.
Tho case went to the jury who at late tor were stu
/ II II. Rice and Mr. Hilton for plaintiff; L. Blankman
ana 'tr' Eanoerpoo for defendont 49,.
Specific PERFOMANcE OF CoNTRAcT-NlcE QUESTION
o. law.
INC plinlu Vio Slt is actlou 10 compel me delenH
nn 70 iIt Dog ,9ntraetto sel s'y lots IN siXiyseeon4
go Ip mat o o day agreed upon ior the periona9nce
y VI aSe rnc Wa to e Snoynrl Ply be T conn
pleted, thc plaintiff dd NOT appear The plaintlif
S4Tee t' ~ a s we o, NSf under iese a
rause OF fort ture Wac included in the contract the
time for performance was not essential aud That he was
Decision reserved
George Shea for plaintiffs Van Antwerp and T. D.
Before Justice JolVEs
ASSAULT AND BATTERY AND FALr1 IWPRrsONMRNT.
Antonio D Ohio agt Charles FraHu
This was an action for assault aud battery and false inn
prisonmcnt. The defendant policeman. The plain
lifts story was that August A. 1864 he was asleep IN
the yard OF his house from about D. m until 10 p
when he aroused and coming out to the street was
immediately roughly addressed and assaulted by defend
ant with club, taken TO the statlonhouse kept over
night and taken to the Jefferson Market Court IN the
morning, when hc was discharged the officer refusing TO
ncssos c0rroborated this story The defendants answer
seup that In the discharge Of hs duty he arrested man
upon he arrested tho plaintiff The defend
ANTS testimony showed thht NE was cdlieu
10 the scene Of the disturbance winch was
opposite the plaintiffs house. and told that woman was
struck by whom he arrested and while conveying
him 10 the sta0nhOusc, and when about hail block on
his way crowd rescued TIE prisoner and ran of some OF
them taking refuge the plaintiffs house. That during
the rescue his club taken from him. That some per
went and brought another officer, with whom ne
Woito pauttI5 mousse 10 arrest the Icscues, Wien nv
by plaintiff who prevented his entrance There
upon he arrested butdid not club or assault him. The
witnesses both sides that during the the
defendants club was taken from him, The plaintiff |
proved that the struck by the prisoner who was
first arrested and then rescued was the plaintiffs mother
Mr. Chaz = Spencer summed up for the defendant, ana
Mr. Thomas Allison for the pllutm. Inc Justice lnch
charged the jury In substance that If the jury fOund tht
Oner prevented or uicltcred with the arrest OF he
rescucI then defendant justified in the arrest Gt the
plaintiff but not IN using more force thau was necessary
effect such arrest The facts they must determine, ana
the amount of damages was with them 20 settle. and
must be determined 10y their findings the other iacs
The jury, after delberaOn, brought n Nei0cJ Ioi
plaintiff for $50 for the false imprisonment 800. -
H. F. Averll and Mr. Thomas Allison for plaintiff; Mr
Charles 5. Spencer for defendant.
SrECIAL TERM-Beiore Justice MONSLi~
Anne Waleily agt Isaiah f. Williams; Paris c. Clark
AIT. Chas. NEUTRALITY-SUSPICIOUS. granted.
VIM. Fowler agt Chas Huber-MOtiOn 20 open defaut
EIw.n A Loyeioy agt John McKesson e. al; Vim. II.
DAILY agt Julius Iar-MOtiUns granted without costs
Seymour ~ Marsh 70 "a. agt. b. Frank Palmer &c;
John g. Hitchcock agt Albert II Hook.Motious granted
and cause referred ID a referee.
oscar ~ Weeks AIT. Michael DOOdy Ct al; VIM T. H.
Nixon AIT. same.-MOtlOns granted, with $40 costs.
CAas l.. Anthony ct al agt Jacob Isaac Mesh-hOton
J'rcniiah j. Coleman ct al agt Jacob BOhman Same
same ast. j. BIemcr.-Injunctlous granted, WIN slo
costs
COURT OF COMMON PLEAS-sPRCAL TERN-JAN. %.
Before Judge BRADI
DECISIONS.
Francis II. Schmall agt. Chas. Lenker.-8lotion