Common Pleas.
Rofore .Iud0e Inpraham.
{"newspaper_name": "The New York herald.", "edition": "01", "page": "p1", "byline": ""}
{"character_count": 2320, "word_count": 404, "ccnet_language_score": [0.9866999983787537], "ccnet_perplexity": [1689.5], "fasttext_language": ["en"]}



srrr. l6.-Jamss b Wood VS.. Fanning z. Tucker
This action Of respass, to recover the value Of
Sleigh the property of plaintiff which was upset and da
mayed by the defendants horses during sleigh excur
sion in the month Of February last. 1t appeared that
Wood hired out to party named Hurry sleigh and two
horses the occasion referred to- when he took drive
the direction of 47th street and the Fourth in
company with ladies' and his route was uncere
monously upset by defendants sleigh and horses in
become restive, and in running away having come in
contact with the plaintiffs sleigh


The absence Of proof as to wilfu neglect or design,
in evidence having shown the true nature of the case.
the jury returned verdict for plaintiff six damages
and six cents costs


Before Judge Ulshoefer.


SEPT. l6-The Merchants Bank rs. Elisha Pedrick.-
This action OF fraud to the Of 1915
90, which it was alleged had been obtained from the
above bank by defendant through his having altered
check, which was drawn, merely as q memorandum
check, by party named McF Farlane the above bank,
in May, 1874. 1t appeared that McFarlane purchased
quantity OF cheese from defendant, which he intended
article paid between the st 4th Of May
The broker who conducted the sale, heroupon called
upon McFarane for payment when he (NlcFarlane)
quired few days further time, for accommodation in
order to money certain bills of exchange which
was alleged he intended to draw against the shipment
was subsequently agreed that NcFarlane should give
and made payable on the 10th May which check was
marked memorandum. On the day the check became
due appeared plaintiff sent his clerk to McF who
changed this check for another which, being presented
at the bank, the word memorandum not being written
it, was duly paid to bearer, though as it appeared
from the evidence McFaranes had been clear
ed for nearly six months The time the check paid
appeared the broker called McF, and delivered to
him OF bills of exchange, the house in England
check paid by the bank, returned the bills to McF.
twas conended on the part of the Defence that the
check was not memorandum check; and that II the
bank paid in error they bound to look to McFar
lane for the recovery, and not from defendant Ao-
journed


For plaintiff, Mr. Bonny; for defendant, Mr.. Lord