The New York herald., 1871-02-10
MARINE CGusT--psaT |.
Action on IA Contract.
pafpra IuSftea ronoh,r1taotY

Before Justice Joachimsen.
AnrDA Wat'd Us. EaIcd,d W. Bdrter.-fhs Is an
bctlon brought BY the aiantr to recover payments
due to- her upon the following alleged contract
pamely-that tue deiendal, On or about tae 4th day
pt November, 1861 hired from the plaintiT rooms
pnd part OF the house % West Tbriy-second street,
with furniture linen aud other household necessa-
files, for the peroo or year from that date, and
Tor board during the same period for himself and
family, consisting OF SIX PERSONS at the rate of 500
per week, payable ut the end OF every week. and she
claims 81 900 Tor the non-naYment OF 800 per week.
20 due TO her for period beginning December 90
1862 until the commencement or this action. The
Contract ia denied by the del endan he also sets
up u previous Judgment III Tins court, rendered in
NAY last hy Judge Gross OF TINS court for SIz5. az
defence to ihe present claim. The plaintiff has
nous suit and i eIs / am 'gS bound to- t. hod lord
that this record OF the Judgment rendered
On the 0tn OF Nay last conciusvey aad judciay es-
tablshes yahd contract beEween the parties as set
put In the complaint in tne acton. TGe ueIendanJ
eannot IN TINS acton, therefore, avail himself OF tne
Objection 10 tue contract az being VOID under the
statute OF frauds. that Objection must deem OF
nave m been ehher waived or overruled. put at
1endant, and tie same principle OF law pre-
vents the plaintiff from recovering in this
Hction any sums which sne might have recovered
IN the former acton-naaeiy, 10 the 18th or March,
1sIoon the theory thai IN inat first snt al She was
flen entitled 10 recover was recovered by her The
objection r. now made that, the plaintiff havng
bnce sued Oh the contract and recovered Iudgm et,
oatract ia other words hat the contract Itself and
she damages resulting from its breach are eXtla-
Bushed by and merged M the former judgment.
do not SO view the zeal result oil the ior'ner re-
covery. Inc contract established by the record Is
one for continuing inability the part OF the de.
fendant, ana II las been held Beach Crane q
ColnstCck, SGl That where there is continuing LA.
Oilty suit lof The breach up TO one time does not
eXtingulsh the ciaim Tor damages subsequently ac-
Cruing. TIE pli.ntin has established subsequent
breaches the part OF tie defendant with he rule
In Wilson vs. Morton q Denis 603l. Defendant did
not OCCUPY her room nor board with her; she made
every enUlt 10 lev iue rooms, and did let them, ana
took bOaidejS IN leu OF lne defendant; bur has
not received 10y $780, thereabOuts the amount
which the defendant on his contract would have
paii her bad nc Occupied the rooms and paid tac
sum OF SlU0 weekly. | must, therefore, render a
Judgment IN iavor q the plaintlI for S54S OF and
costs, Win the usual allowance OF twenty-five dol
lars.
Decisions.
By Judge Joachimsel
Wtheisrl as. Observation-Disclosures for plaintiff for
return OF property valued at $3.50 and $50 damages
for detention, ccsts, ana SO allowance
O'DonaeU rs Gooifriead.--0n contract--Judg.
rnent for plainfin Tor s217 75 and costs and s25
allowance.
Monaghan US. EelfL--On Contract-JudCment for
plaintiff ior $3.50 and costs and S25 allowance.
ROBINSON u.s. Bfot1a, ftctcI' Gs Hunt, BUfcper rs.
Latrd and Greenttat ~. WsssH,ann.-Dis
Wdrd Us. Bd1ter-0n contract Judgment for
plaintiff for S5iS 81 and costs and S25 allowance.
EtS7ief Us. Lerl.--0n COntrdct--Judgmept for
plalntin ior $lt6 IL aud costs ana &25 allowance.
GtD, administrator, Is. RoSerUe,d. Referred to
John IL. Antnon.