The New York Herald Newspaper, April 1, 1850, Page 7

os rior Court. AMARGED BREACH OF COVTRACT—JOMN ‘WAY Ve. JAMES GURDON BENN! Mancw 32—Mr. D. D. Field, (one of the State ae ee ae ann Se cash obecribera im the different |. The busmess ie it te valuable and it bas bseome s | apy aden routes from hand tohaad = Tuere a distinction betweea these cash papers aad those whieb deal direotly with the subscribers. The carriers Duy » certain number of tickets, which entitie them to Jeceive papers; the price cherged the carriers is one oud s halt cont hs The platotit situation; thet he Jusiets thet b ht to the had a rig! ihe eld it lodependent of the rietor, and could turned off by him, at! te will A thou! meat’, de guil'y of default it is @ common prantice to sell ‘there routes of cash papers, and be wouid show that it ie known tothe prop , ead that the transfer ia the pres ease was known to thiedefeudent Piaatiit de that he could mot be rem ved with rut a otice without cause; that be was making $15 8 week. thet contrect he oak duokodee at the bands of the jury to the amount of $5.000, Counsel read the pieal- ings. and submited that the castom of salliag the routes Juctied the action, and wacreated the belief that tae Foutes are valuabie (tte admitted that defemdant ts proprietor and pub- lisher ‘that he sells to carriers, bat he denies that the g00d will of the routes belongs to the carriers. Too question then is, whether plaio'if bas any right ia the good i'l end whether he violated bis duties. «2. Edward Sandford said that the det ished @ notice im the Herald to 184t |} a route, that defendent would resergs to bim- Orit the power of either selling or giviag trem away as he Fleared; the votice alro staced that be would aot employ ‘sy carrier who earried the Sun. or the Wall xtrost tiff hed violated that rule, he eut of the plaintiff s counsel, that ¢! ev mplaint be dismissed as no such conclusion as was Pought to be estabiiehed could besustaiaed § The oon- plaint of Mr. Hathaway is, that the defendant will not *rli bum bis goods Now, he weuld ask, under what obligation is the defendant to sell the pisiatifl his pa- Pere? ‘There is no relation between Wingate and tne Gefendant, except that he wag one of the earriers who purchased newspapers at one cent and a half, aud said - ere is nothing in the complaint to Phow that the defendant was ever directly or indirectly ay. or that he was even aware existence of such @ person. Mr. Sandford oalled particular attention to the notice which apprared ia ibe Herafd 10 1841; by it the oarrivrs wore aalled toge- ther to organize a corps for the Herald exciusiveiy, and they were expressly prohibited from seiling tavir routes, Or from earrying certala other pepers la 1341, the de Jevdapt (dir Beunett) gave this roate to a msa naned Hu jock. ir the express condition aud uoderataad- jox that ke should not sell it or give it away. Ths isnt iw thie suit took this route from @ person wao ‘wae present at that meeting of 1841, ani wh> assented to the agreement (hat was expre-sly evtered iato that no cartter should seil his reute, and that they should Let carry auy other peper, and the ans eur of Lae plaia- tt bere admice that st the time was dis- wireed he was the oarrler of the Ecuress and I thune Dewepapers, im direot violation of the contract with the defendant aod his carriers. The defendant also avers that the piaint'ff attempted to toterfere wich biw in the meosgement of bis office, and urged bi t. The Gt-mise eertain persons from his employ Yaot stands undenied that this route w given to Hullock in 1841, and those who held Shat time, he (Mr Sandford) sudmitted, held it upon tbe same terms. If such an action ooald be meintalaed the de'endaot wou'd be a ruined maa id “oon dishing take be retused to coutinue to sell eutors would be sued by each earrier, if the successor to the paper did not mot chose t»' employ them —it wonid extend to all ages. If the court sent om fur the whole day ¢xemining witnesses to show this euston of carriers io trans(erring their routes without the & l-oye or coguizance of the defeodant, they would bo Dot fo the same poriiiou that they were then, and it ‘Wen for that reasom that be (Me Sandford) t statement thus early upon the threshold, and calied Up-w the court to dismiss the cempistat Mr. BD Bield, (one of the State codifiers,) coaavel for platotiff, in opposing the motivo, contea: th ilicieut cause shown to yo to th the good will belongs to the earrivrs. aud th a ~~ bas no right to disturb tne pisiatill 's good will s route. ourt—te that @ question of fact’ Dol understeal you to set Up @ rbalemeut of certain urege, aud tnea #t up an ivierencs of law? The valy atiegetion is the existence of urage § if there beany rights growing out ot th it becomes a question of law Geatiemen of ths Dar are now tu the habit iting ja the avermeats all icterences of lew and the defendsat ts not obiiged to auswer these infereuces. The code ways the: the jog the cause of ection codifiers) couusel rt— Do the facts alleged mw je isaverred. Tals is the porot Tare isa Guetinet allegation of Detice of Loe arraog*m~at of the defevdeut 1D the carriers, What is toe answer to tbe #ilegation that the plaintiffearried other papers, oc ntrary to the agreement ? Mr. D, D Field, (ooe of the Stats eodiders) crunvel for pieiatiff—We sdmit we carried tae I'vidune aod Depress, bat potthe Sun, or aay Wail street paper, worch only are mentiooed in the agreeae Nr. Saudford— We state that the corps was organized exerwively fer the Mere'd. ‘The Court thought the allegetion was dealed ia the reply The plaintiit ; he would, bowrver, hear the evidence, as If wate novel case Chilstopher Wingate examined ier of the /Mereld, for the Fitveeath ward, and bad bwa 0 for two or burve years, Q.~ Did you sell that route at avy time to the piala- tin? Ly oY Sandtord—1 object to any transaction batwaen the witness and any other persou, to whieh the defen- Gent was note party. (Question allowed, ead ea e4- coption taken ) Witners c-ptinued—Mr Hathaway geve ms $675 for it im the spring of 1846; | saw tue plaintiff afterwards cartylog papers several times; | bought the route of Dir Fegigod, fo January. 1544: | gave him $110 for it; | went co@n to the office next moeraing sod got my papers, but | Bad beem carrying the papers on that route some time before baviog hited it from vie Cag: be | paid bim $18 a quarter for the bire before t bowght it; OT Tangy Mr Kingemili at the othes, &— What you say to him! (Odjected to and exception taken.) (asked bim for the Wifteeath ward rs. petd him for them, aud be geve them to Piao wi Me Kingsmill by wher right! gx mej the papers; I pever at any time told bia whet right | Ded to them; | don't Kao@ of aay practiosia regerd to the routes ; | beleve Be one was ailowed to curry the Herald in the Fifteenth ward, but those the reate. Q— Do you know whe her there wi tn the mi po yr. — of othe: rs, om the subject of earrying the papers, rms on whieh it wasdene. Mr Seadlurd objsoted. on the groved that the witeess must speek from fects aad pot as to bis opinion, and also that the custom of other eangot atrot defendant. Enectohgn. (Admitted ) A.-! dow t know to my Knowle: os tard | don't heow of ony person over epplying at the feraid offoe, to bay papers to eel ia the Fifteenth ward, and cooejueotiy doa’t Raow benever (objection taree! Totnes whe Tough’ paid: sas for sett pe, Ly | a could now be m $20; and for the violation of | plo; Cn we a [a atey acon eareer. nse 4 Moarice employers very mucb—: 4 Benjamie H. men and masters, The master way diamina hie jour | “ander Mise Ra- Son isew and published it peymen when . aud the journeyman valle Bridget o Prier—6 other cash papers leave bis om; am called upos to estabiis! Biisebeth jth Fathering a carriers proeure the that the le contract in the present case. | Bidd, Martha J we the papers. tney purchest am pot pr; 20. It is aquestion of immense T poneee oe Meber. Q.—What dy great 11 to the parties aud the comwu- | Teylor Mre Francis Townsend Mre (10th mW carb im reepret to nity, and | will therefore @iemiss this complaint. with | Titus Sa i fermen Sacer Jeoted ve aud ruled Weave to the plaintiff to appeal to the general term | Tompkins Sun Tybring Wary Tollon 3 ha Court—I sbail cant without security. ee ra "yiteee-| have reonal Knowledge of th Lees of the tes aban Lapa | ake eee Fineres Witeas | bave 0 e usages a Bently of thete goo1 | Themas Bi of the “Herald ofhce, "The witavss was not erow-ex- ef ‘stented " stoatbaeat ia ¥eweltia Flad Untick em! ‘not only J ut every one | Viela Sarab Jane ‘am Wart pinot) wiak se % ary ‘ judge, 7 ai. Fone past Amnce Feed Renry Mr. Seodfrd Ob’ ts Joho Smith here? (Leughter.) | Wate th H Waters Mrs (Lan- @ Mr. D. D. Fiald, (one of the State endifiers) coune yo Haisrix = Weare happy to| Weiteddiuek | rent Gated, «Gite ER bei power to announce that the new tole- | Wattioner Waring Weeks Sarah B Gatiney Jaa Gray Horathe N— iniien Jap graph live between Portland and Boston- not wader | wAPt’Sisy Rien Warner Oneriotte 5 Writs wuetas Sees Ostomy -8 Gia dana the menegement of the notewortby Fog Smith—will be | Walsh Margaret, reutworth MA = White Lydia Glaaue Gi ‘al ia completed in about # month, and put Sarah bs e Helifax line. c) Guyre Jas ech . Gaitland 0 Gaovin JB abd the question was r out ) . ont ‘The charge f Bien be the practice, and not give us | words to Bosten, it is nderetood, will be about $1, in- a oy phd ag = stead of $160, ax at present —Halif x Journal, March 16, jd routes of the Herald; when @ route was sold, | 1st oF rk sAINING IN THE NBW YOR . J u OF LBTT! bow the purchaser got the papers; he got them at the | LiPo Osies, Mareh 3 ita nN TAS NEW YORE Ginreg Channcey B | office and paid for them; | served ths Sun witn the | ovviciaZLy PUBLISHED IN THE PAPER MAVING THE Gram Stephes U Sanaa see Herald and other papers; the Express lew Wall street | Lanaaer oinooi.trigR. wees Padre = Armager Wa Ques Gamay Philip O-verner Barut Paper; the Tribune is not. Fisasy mention dhe defe of the ded in which they are ad Atwond George = Artnut William & Guendli Lerpald — Gray Samuel Mon Voie” Sone 1 Crotestacioed by Sie Sandford tt wav in 1841 vertivod. cabins" Lise. Chastos A Atmos John Anderson Oliver Gladdyng Cave d O'Hare Rev Ber Ovell'John WO maety carried the Hera jun; | heard of the mestiag, 3 a 9: aud after thet I gave up the Sun and carried tho de Miss, Cote Adsih Mad'llo Lor Austin Mary pee! aid Argue Blward ee ee os ? yen JohmA = “Argue Bas Allan Jovy He slove. tage Flace Atweod Horatio Abern Catnaring unek + John Garrlott-—Wes a carrier of the Herald trom | Alin Mary Jane Allen Casharine Andrews Ma-y Alemany hev'd Jos Alwell Pairick Giesetteerrt . ‘Ayres Mary A ‘Andren M ‘Aughaey Mary ‘Arnold Sama Chusted BP 1886 to about five or six years ago. Q Waat do you Allen Walter 8 %t eye Winey See O'Connor Mich} know about the «ale of carrier's routes. In carcier’s Oe ik) el calla yh aon, Biward B arret Jas phrase we eull them routs,” (Loud langhter ) It wae Breanae Bridge eaten Asasnds Alden Charles yA Gallagher Pat ae the custom of the car-iers to ee!l their “routs;” if @ Boichor Elisabeth Sn Abeon Wm Armstrong Jae K Gute erase Don Salva- Picton T' Ban feels desirous to eel, he looks about for @ pare Bin ‘Archdeaeos Geo-2 Armetrong 4 ebaser. and they become valuable because they have Anderson James, Armstrong John be pv Auld Capt Jacod Pepere an welltas the: Hered, etter 18il; Me Benuett Mary Arm Bogert ‘ eens Plre Teche eee oes mentee Gate me permission tocarry the New Hira; | carried the Mrs Mary, Biya Mi Abhons Cet Da p Den Pattoreon Geo Friduam acdy Glens Tribune, ap ir. Benvett wished me to discontinue it, Fl Adet Mons A4o! elpe Ur Plimpe vin Prafos Ga stave Toommitted am error ia putting inthe Tribune iusteadof | Bentry Mien Wary ‘Séams Juine W Rg naa, le a Cea e Ficbchasidt Gun- Pr Me hed ave —— we jax ter Bradnam a Belfour Mrs Sive = ther rine» wetcr Mrs, 25th ; Pearson Albert Pouer the Heraid, avd he complatoed to me that | had served 4 Pony Peter Porver Wm V the Tribune where | should have served the Herald, | Br Hale Fisha Baik D which | di in error; be said | might cvntiaus to sell the Pi Thos S$ Tribune until | got ® purchaser for the “rout,” | did get ee ene Penvell Albey @ purebaser in twa or tnrus weeks afterwards; i sold fnor Berges Blizabeuh Backasede Coral’s } od Led noute Oy ee my roate was part __ ‘Mire, Wash- Bemnenne Bridget Bacsinghan CP ‘y ond and part fourth wards; | continued to are Aun ilitam Ca ely GoRusrete, tae sellthe Heid, and fnally sold it to « man named ier a mn Fi char aS! Parmentier Wed Peadloton peas $6u0. v john Bel 2 Ps mA Reb Presb ‘The Judge, (ip amaxement)—For $000? rehatraal Henry | Hartmann Mer, Pitt Bi Lets Soe SS Mr. D. D.’ Field (one of the State codifiers.) coun- Barrie W Doi wees Pere 8) 8 pee eel for pleintif--Way, we paid nearly $000 tor Bales Joo ed Joseph Pogh Tes ey mpd paid $57a. Hart Ba Holbrook WR aston Peter B Parr Jae Peterson Geiger itnexs coutinued--Mr. Whitney and Mr Kingsley, pa Bashel Geo W Holton Rev SF Hubbard W Poge David H = Purrest ry 4 in my time, were the gentiemen whom the carriers bad to deal with; | thiok | mentioned to them that & lend bad bought the “rout,’’ the carriers direotly with vit Bennett. Q istae Expr edin Wail street? A. T not the mesntog of Wall street Lag 204) it mea vateiders,”’ those papers Hughes Mivhaol Husratel “ im Albert. Beasis'Clye to. Brayton, 8B ew Art Ho Bievin Mons o Canfield Judith Connelly Ann ward Cahoon Ann Conroy Bridget Caviner airs, Pear! rn Cordell Mery g ‘John, Pred’k w Dank terson Elisha G Phillips lee ody John A = Pinkham 3 Mf race Bancroft William U taster M Bates which charge $10 e yrar,and then pay their carriers 30 F pieetk ood Woes sche a much e week for serviag them; (laughter;) we stand pape Soe Blagg tine vo ag ‘. ja tes Chap - Seals ta ee Be Houck wm Quina Thos Quiek Pacrick Quigley Micht Cross examined by Mr. Saudford—I don’t kaow that WaB = Bughes Wu Raskin D Re: oe - in ia Wm they ever refush to seli papers at the Herald offlce, oF Hussey, Shiclde oi Ranson Franklin Keyouls Wight that they ack them where they are gving to 4 7 or if they are going to sell them at ail; Mr. Boe x" Peat Bel eans Robert Crean have ssked me wno aren anes Bira ly hae Kouen Wm Mey 3 * rout;”? | kDowtbat every “rout” was given out todis- eho) rs x Renurek Kal tinot carriers, aud they “considered” it their peoporty Bird Bani = sad aun (eon Reaford tam while they pertormed their duty. To Bolmer 3 fend G onan Wm ie Reni Reilly Mick Foss Desiel Revnolde soba jong the pe Witness—1 dont understeod what you mean: we ichardson W Hagare have no legal quibbles among carriers (ioud leuzh‘er); L, Bow- Richard ratio Mr Bennett complained to me about the errorof my | 5azueeM A Po betel eo etn serving the Tribune instead of the Herald, he was very | Dei ‘ civil, and told me to dispose of it; when | sold out my “rout” to Mr bpgiand, | took him tothe office and tn- troduced him. Q.-Don't you know that you said at MreJ Demon Miss Bliss me both Richardson Reo- will the office that Mr. England was to serve the pepare for Decese Ane Bliss James P ng well B Jou, and did you not teil Mr, hogland that if you were Dickuven drs 4A Bivtuasse web's Risivon Reber Wich Genes to say be had purchased it Mr. Bennett would dismiss ‘3 Douglass Maria Bileed ‘Brown, Overmaa & iely Petriok both of you? A.—No, | did not; there was not one . Hovinson EAR _ Rose word said at the meeting of 1541 about not selliog otner Hutchincon Mr Kock wood dey $B howe je notice ia the paper eay Jon, or not. If nothing ras eald ot the testing about Cera vs Cee ndtey, ibe carrying other papers, how came you teask Mr. Ben- 1 Mictaal ; vr him | carried the New Era, aad he made no odjectioa px ete | enly Daniel ins Benes, wath Rent Otle” 3 to that; | did ot carry aay other at that time, bat it was afier that | commenced earrying the TPibune, Abel Houseworth —! carried tne Herald ia 17th ‘ward. in 1445 and for three or four years. | kaow that Hathaway served the Hr-raid in the 15th ward the “ routs” of the H-raid were bought aod 1 presume the fact was & t the office, red of ms 1 had purchased the it it from Samuel Wyckoff. | gave Tribuae aud 1h nett A Timothy Hien 5s Sleizhter Joba ‘Smith Marous P Hip. Smich D Foesr'y bewtte Pafion Eilon J ‘Francis Margaret a it. | went to the 7 oflce, called for the papere of the i7th Ward aod got | GuiduerLneBewe Galintel Derethe Geil ornelia, hem. , Louid the “ nost” about year ag>_the Herald Geohly Mise F Godltray B:isabath 1 “ rout une — i ‘person it to 6 jiles Jane jee i lrone Caz! ‘ Storgees pay opr i = ribbon Mory Gary Mary, Caroline Teinetepeiee “Teed inatwa Sromeat Cap o- Sullivan Hemphrey Cross examined —If | mentioned this at the offse. it ma lin,” Gu'laghor Widow, Ingram 8 ‘7 Sandford Capt was merely to Mi Kingsmill, and | subdsorived my ‘O'Ma- Gleeson Men, 18th st Orange et Jervis A ae Jones Thow: Dame on the carriers’ Doo. | lecson Marin = Green Aun po tg nnn o> ‘he carriers’ book wase very Greeley Cath'ne Jones = Co,J » & C Jack Joba O, % Om the first page of it; It Cidson Jane, Broome . Brows Sete 5.00.3 v & Cdaak Joba O, was kept in the mati room. When purcaase was m Ghegder Ane lemen T Brown David made, one carrier's naine was erased. ead the orber pat ~ Beery AON ving | Baird Sylvester Meaden Joocpb ip ite plyce Garner Mary Ginson Jane, Gri ton ot c Stoerb Mr. Sand nissed his | Genvin Sarah “ Grennau Mary Cantlon Rémend Carroll Jawes Lert Dame was erased, Qud another put tu ite place? Wit- Chaney James Carmichael Arehi- never knew acarrier to be Bey ees. Calagbon ray Tohnston D Iw! di Hyde Lou! Haig Mery:-3 Hart Catharing oy eT ale iapatt hy . Uirnit Mee A jackson Wm Thy Joves Elijah O-2 | Sareiner jacques Zachariagh Jones Wm H the certain deli ‘of the peper will be ensured end different partivs are engaged through the several wards Bat the question le when fe trauefer takes place betwven Mrs, Watt et Jenni an W Sele Mary Jackson Joakine leade! doonsa Mrs @ K Marcaret, Knight Wes GJ street Killege Lucy Kiernan Marg’t Widow, An- re carrier, “atop my pape: fon to the dete: Kelly ann ely Maria L Mrs Robbing Lawless Elenor Sussn ih Lee Rime os Gant Ghompeon Mobs out papers and reorire the moury from the carriers, Spy conversation bet: thet porsou Bod the carrier: fe uot binding on Mr uett, The mere # on the part ef the defendant cannot constitule of sction These parties mske their probability thet Mr Beouett will jg Cramer | the * good wilt” of ons enotber jo@ are @ jury to aesess fa euch e are they to Keow, ut wither o time is leurs Joeonah Loobet Bliss inen Mary Loud Mre ine Mire, Grand hnase Marga- street rel A? Love MreRobert = Lyons Honore Cathariae jurphy Ana 7 pee wren Wil Moa uaten tes ‘Tyrell Micheal Rote tend — saben rn ‘Ts 4 Wiliams Terpeny i; er dehm renee TyrAiteaW Fetes Thonpess oe pha fotiinn fiacias hashaw . @ aoe ty Foptels tule Tarver d Pref i uv - Ct Underhill Rebt — Cord Digom Dhl William J the wit. Wes tam wi sete | Fete sen, me te i A Ja ‘We Willan Blieadeth Bsces thes e Csth MoSetehan Miss i Be Weill Fotix ‘Willett Jona R Web) George © Wiltre Weaver us by ~ a Me eaten ngrrton Ly wae laid dows ie * finite time was e oF Titans Pred Pare re Gin Cee ture frome Jor $K0 oF $600 more Hight of enher peree o we Wiertes, he ht of eotiun would Mr. Bennett against this | Orden Marla O'Rettley Be gee we. it he bed givou op hie ward sad refused to “mere Crewe Counarine ot om Veuthes Grainne rm, Riv polly # bis batinews. by the paper not pelng served theongtout O-Dewvell Giver Rumer — J isn et the ward! if Ld whet right Bri O Arye Cath oeeet, ¥ could the entered S" OnalilMery Hy into any + cannot be ¥ an) a Petty Ween Pies Sars Wither Pred orice Wert hae € FYomp Jules Woverheors JM W oshinny Rovinsem Mre Mar- 2) ake tha Nee! a Ryan Mi o ye ‘Sarah Rarasey Mes, Hevtor neem Miss Mar~ etree’ wai Re ite Catherine wae ee von Ua ea laem Chee aSerty Macy Aun rire fod'ihe Al ¥ Be na ¥ le . rable Me Thee LJ Altred oamey Laarine endothe Borne snivow Me Powe Thee ise Tom ore? Zurense J & Coo Timacanes 6M a Fh ea a doles We. ¥. BRAoY FM.