Volume 1 — New York Transcript Appeals (1867–1868)

<p> Will—Leases in Fee—Words of Perpetuity. </p>

When a ease has been in this Court on appeal and has been sent back to the Special Term for a new trial, this Court must necessarily have determined the pleadings to have been sufficient to sustain a judgment. When the judgment has been reversed because the Court below improperly denied the ruling asked, it necessarily follows that the Court deemed the pleadings to be sufficient to entitle the party to the ruling sought.

[In this case though all the judges concurred in the result, there was no concurring majority as to the grounds upon which the judgment was rendered.]

This action was brought against the Defendants, who were sureties upon the official bond of M. P. Jackson, as loan commissioner of the county of St. Lawrence, for loaning the moneys of the United States deposited with the State. The bond was dated June 15, 1850.

William Mitchell, referee, and ordering a new trial before the same referee. The Appellants have stipulated that if the judgment be affirmed, judgment absolute may be entered against them. The Appellants are dealers in bullion in New York, and the Eespondents are dealers in bullion in New Orleans. In 1859 they agreed to deal with each other in the purchase and sale of dollars, and that all communications between them in reference to such transactions should be by telegraph.

<p> Nuisance—Bawdy House—Destruction by Mob—Recovery against County. </p> <p>A house kept as a house of ill-fame or bawdy house, and as a resort for thieves and other disreputable persons, although a common nuisance, and subject to indictment, does not constitute such negligence on the part of the keeper thereof as to prevent a recovery against the county when the same has been destroyed by inob violence.</p>

Where an.action of slander is.prosecuted on a charge made for the purpose of causing the arrest of a party, and said party has prosecuted to judgment an action for malicious prosecution for the arrest thus made, such action for slander cannot be maintained, on the principle that a party is not entitled to two recoveries for the same cause of action.

The report of the commissioners appointed by the Supreme Court to assess damages, &c., sustained by persons whose lands have been taken for purpose of streets in the city of New York, when confirmed by the Supreme Court, is conclusive, and no appeal lies from such determination.

<p>Pilotage—Act of Congress of 1852—Latos 1853, ch. 467.</p> <p>The Aet of Congress of 3 852 (Sess. Laws, p. 921), is applicable only to the class of pilots attached to particular vessels, and charged with the duty of navigating them on the voyage, and does not supersede the authority of the States to regulate pilotage at their own ports for the protection of general commerce.</p> <p>A licensed pilot of the port of Hew York by the way of Sandy Hook, is entitled to “ off-shore pilotage,” having offered his services at a distance from port entitling him thereto.</p>

Henry Hogebooin, Justice of the Supreme Court. The Plaintiff was a passenger from Brooklyn to New York on one of the Defendants’ ferry-boats, and on the arrival of the boat at the slip in New York, her foot fell into an opening between the boat and the floating bridge at which she was to land, whereby her leg was jammed, causing the injury on account of which this action was brought.

Where there was a contract to furnish, cut, fit, and put down in defendant’s house, the carpets and oil-cloths at a stipulated price, the contract is entire; and to entitle the Plaintiff to recover he must perform the whole contract in a skilful and workmanlike manner. If he fail in respect to one or two of the rooms, he cannot recover as to any.

—The action was trespass, for entering a yard or garden in the possession of the Plaintiff, erecting a fence across it, and depriving her of the use of more than half the premises.

A party purchasing and taking title to property under an agreement to hold the same for the benefit of the party employing him thus to purchase and hold, cannot avail himself of the provisions of the statute for the prevention of frauds, to perpetrate a fraud by holding the same for his own benefit. He becomes a trustee and holds for the benefit of the party under his agreement.