New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-31
BeIOre COMMISSIONER bLII''
A SMALL CASE OF WHISKY.
It..ia.l gl.t.n - Afichnni (lallnnher.

that IL too small an animal TO be noced by an VIIl
cal OF the Uuited States Government, and therefore
ceased prosecuting It. The defendant was Accordingly
discharged.
SUPREME C0RUT-CRCUTT.-JAN. 30. Before Mr.. JUS
tice PECSIIAM.
THE OBLIGATION or COMMON CARRIERS TO STOP
GOODS IN TRANSIT ON PROPER NOTIFICATION.
Abner Meen ag Merchants Navigation and Transportation
The plaintiffs are firm doing business in this city
On the 2th Of September 1884, they delivered 70 deIehu
ants 10 deliver to H. Capen Of Boston nine bundles or
hair weighing 1850 ~, ON the same day A. r. stevens
agreed TO buy from plaintiffs for cost 22s 10 o. har tne
and agreed 20 pay for the goods their being shipped
The goods were shipped and bin presented to stevens
when plaintiffs discovered that al the goods had been OBJ
tanned by false and fraudulent pretensos PLAINTIFFS al
ledge that they notified defendants of this fact and dc
sd them 10 telegraph TO GrOtOn, where their line con-
nected with the Boston and Providence Railroad ana
have the goods stopped In transit but ma ~ @
vent their delivery there to Capen but that although INC
denco Railroad Company, the goods Were 1eHneIeu 20
Capcn The present action Is TO recover siio 90 inc
The Court in charging the jury said he should present
two propositions for them 20 pass upon and II the ioud
plaintiffs lie then said that The Company IN Boston had
right TO exact bond nom plaintiffs and If they dd so
and plaintiffs did not give the bond they had right to
deliver the hair TO the consgnee The first question Tor
decide is were the acts reasonaDe not
amounting TO conversion These goods had been faudu
lenty procured from plaintiffs The facts were brought TO
deoidants knowledge Defendants did not dissent nom
the statement made Tho receipt OF defendants for the
hair shown defendant, and there seems to be no
tho goods before reaceng Boston, II could be done
sonahiy II for you say defendants conduct in re-
route where Il possible 20 stop the goods was proper
II Is rule of law that. II merchant sells goods and the
while fhe goods are In transit the common carrier hav
ing them In charge should stop them ON proper repre-
sentatOns II IL eau reasonably Dc done IL IS Tor you TO
say whether defendants could reasonably have done
what they were requested 70 do IN this case IL is con-
tended behalf OF defendants that PLAINTIFFS acquesced
I'm defendants refusal IL they did and waived their
right that an 10 that part Of tho complaint
@uns had right TO ask defendants to stop the goods
aud also In addition 20 do all they could themselves to
stop them That would not Of itself be waiver. AS TO
defendants not being liable for the acts Of the Boston and
Providence Railroad Company cannot charge defend
indemnity being asked offered IN Boston is contra
dctOry Mcen saws he rendered bond 10 the person who
bond WAS offered and the freight was therefore delivered
20 the cOnsgnor Tie goods were delivered TO the con-
sgnor quite early the day OF the notice being gwen
aud would seei from the person who represented the
company in Boston, eXpressng regret at their delivery
that they had been delivered without his knowledge
Is for to say whether there all unreasonable re-
iasal to give W ts S0Q9 q Boston \ you f@e M W.
liver Boston, you viii find Tor plaintiffs otherwise FOR
defendants; hut would Ike 70 have You pass upon both
these questions II YOU find for plaintiffs, you will find
the full amount claimed, If for defendants, you VIII
The Jury after being ont short time sent in word that
they not likely TO agree They came into Court and
upon questions being asked it became apparent that
they in doubt to the facts in relation to the
notice given defendants I'm NewYork, aud 10 the de
PENDANTS liability account Of that notice being given
Court that the acts OF defendants agents were the acts
OF defendants, and the Court having announced questions
put by nearly every member OF the jury OF whom
put several tho fury retired once moro TO consult together
and were instructed to bring In sealed verdict this
Brown, Han 4 yande,pOel,, and Thomas D. Robinson
Tor PLAINTIFFS Martin & smith for defendants.
SUPERIOR CoURT-sPECAL TEmf--JAS 9O.-Beforo
Justice ROBERTSON
DECISIONS.
Meredith Rowland ct. al. agt. George G. Genet
Motion granted without costs
Samuel Lyons agt. Thirdave. Railroad Co-Default
Geo. Kelly agt Chns. A. Brooks; Daniel owen agt
Hudson River r. r. Co, VIM; Taylor agt Edwin j. Rich
lnOnd et al.-MotOns granted.
Before Justice BARBOUR.
James Kelly agt. Union Trans. and ms Co.-Motion
Mary A. Mcdonnell agt seeondare. n. r. Co-Caso
Before Justice MoSEIr
Frederick Bredt agt. Leon Barnard Motion granted
Paris G.. Clark agt Jackson $. Schultz, &c.-MOtlOn
TO yaoato order awarding issues to be tried by jury
granted.
fact settod papers Ia the Clerks office
Glenyile Wooden Co. agt. Joseph Ripley; same agt
Jesse Caruthcrs agt Isaac c. Robertson &C al-Judg
ment for defendant without costs,
James COLES, IT,, Caleb W. Mitchell ct al.-Motion
granted on terms.
Geo. Pnlcr, executor, agt Dry Dock Savings mstitu.
Thomas d. Oakley agt VIM. sears-Motion for new
trial denied with $40 costs.
COURT OF COMMON PLEAs-TR11L TERm-JAN so
Before Judge CARDoZo.
A DEFERRED DIVORCE
This case, postponed on Tuesday To Wednesday,
again deferred account of the sickness of the
plaintiff, until tomorrow, the Court however intmatng
that any further posponement would be punished by
suspension OF the alimOny.
MI schermcrhorn for plaintiff Mr. Graham for defend
ant.
sPEcIAL TERN.--Befcre Judge CiRDozo
DECISIONS.
Myers agt. Fanlkner--Case settled
SUPREME r-BRooKLYN-JAN 80. Before Judge
GILBERT.
LOCAL TAXES on UNITED STATES cEHTmIcATEs-M-
PORTANT DECISION.
On Tuesday last application WAS made I'm the
Supreme Court (rOOkyn) before Judge Gilbert by the
Phoenix Insurance Company, for writ OF mandamus
TO compel the County Treasurer to refund taxes paid by
them United STATES Certificates OF Indebtedness he
by tho Company. II seems that tho Phoenix Company
taxed Tor local purposes the certificates
Toned and paid the assessed amounts under protest
Under the act of the Legislature passed IN April 1890
authorizing the rcfndng OF all taxes Illegally assessed
the public indebtedness Of the United States the Conf
pany asked the County Treasurer return tho sum paid