The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-07-01
coUaT Of COMMON PLeAs-sPicIAl Team.
Throw Physic TO the DcgseLiabilities OF
Agents.

Throw Physic TO the Dogs-Liabilties Of
Agents.
Before Judge LarremOre.
Thomas Hou0tcdy Us DdnieifrinJe.-Mr. HolO-
way the plaintiff In this case, brought suit to re-
cover the sum Of 900. which, 1t Is asserted was
appropriated by the defendant Daniel Pr.ngle,
while he was acting In the capacity Of agent for
the former. Henry H. Martin, for the plaintiff.
alleged that from November, 1855, to the Gath OF
May, 1871, the defendant acted as agent for the
paintin America for the sale of mis- patent medi
cines; that during his period OF agency he had
OF the plainu1s parent medicines without giving
any return 70 the principal although directed 70 do
So IL was further alleged that charges were made
for the salaries OF CLERKS and various other ex-
penses, among them litigation aud It's costs
never actually paid. Piainrif argues that In this
way tine deiendsat misapproprated large sums OF
money the exact amount or which has not been
ascerained. rhe plalntitf is resident of foreign
country. and on tnis account the anidavt on which
by his present agent, Mr. Henry II. Martin. An
order oil arrest having been granted defendant gave
Thomas y, H. farrar. Counsel VINO represensed
the motion to the order OF arrest, proposed
to move on the very same aildavits upon which
the order granted for arrest, on the ground that
the AFFIDAVIT OF Martin, being based only ON niOrma.
ton and belief was. therefore, insunicent TO found
an order oil arrest. He also urged that there was o
conspiracy all around, which originated IN the TACT
that in former proceeding the defendant was
for postponement Of the nearing OF the motion was
opposed by the paintiu's COUNSEL they urging as
me ground oil thelr oPposluon the absence OF ex.
adjournment was eventually granted by Judge Lar
relnore, Monday next having been set down for the
argument
Before Judges C. p. DAILY, Larremore and Joseph
F. DAILY.
Abraham Won Dohlson ct al. rs. John Jay.-Judg-
ment affirmed. Opinion by Chief Justice DAILY.
jams 3. Heard Ell al. ps. Marcus @. Bre,cer.-
Judgment modified by reducing 1t to SOL 10; costs
either party: Opinions by Chief Justice Daily and
B'rnard Muldoon ps. Henry Vferktdnt et al
Judgment against appellants, Charles and william
Pitt reversed with costs. Opinion BY Chief Justice
Pardon Briggs rs. James r. Smith, Jr.-Judg-
ment reversed, with costs. Opinion by Chief Justice
Daley.
John T. Foley ct al u.s. William a. Virtue order
appealed from reversed; attachment vacated.
son; dissenting opinion bv Chief Justice DAILY.
WILLIAM X. B,aler o.. Chartes w. Keii0g0.-Juda-
ment affirmed, with costs. Opinion by CHIEF Justice
q orDe Koch vs Francis acknowledgement
affirmed, with costs. Opinion by Chief Justice
Charles Heinrich ct al. Us. Peoples Fire IN.
surDnce Compdnv.- Judgment affirmed, with costs.
Sam Us. Nttc amsterdam Insurance COM
paag.--Jndgment affirmed, with COSTS Opinion by
W,Lian. c. Carpenter us Landen r. Goodrin.-
Judgment reversed; new trial ordered. Costs TO
abide event. Opinion by Judge Robinson.
Elisha CiOlceA CS. StLdS CriSptn.-Judgment OF
General Term OF Marine Court affirmed. with costs.
Opini0n by Chef Justice DAILY.
Thomas S. RdndeH cS. George Il. Hihb1rd.-
Judgment affirmed, with costs. Opinions by Chief
Justice DAILY and Judge Robinson.
WiUidm G. ~ King as. Henry PdrT.-Judcment
reversed, with costs. Opinion by Chief Justice Daily.
Sirpiten ~. sumo tSOn rs. SantU KISS tch.-Judg-
ment affirmed, with costs. Opinion by Chief Justice
Daily.
Gordon Buck rs. Francis II. AnaidOn.-Judgment
reversed, with costs Opinion by Chief Justice DAILY.
Horace Tittle ct al. as. Patrick Hama gnB.--Judg-
ment affirmed with costs. Opinion by Judge Joseph
4. DAILY