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(No. 50.)

For a breach of a contract for the sale of real property and fixtures, the value thereof to be determined by arbitration, and the defendant refusing to perform after award made.'

SUPERIOR COURT-CITY OF NEW-YORK.

John Lyon and Stewart S. Haff

agt.

Benjamin Blossom and Charles W. Blossom.

The complaint of the plaintiffs, lately composing the mercantile firm of Lyon & Haff, shows to this court:

That on or about the 25th day of April, 1854, these plaintiffs sold and delivered to the defendants, then and now composing the firm of Benjamin Blossom & Son, the sheds and fixtures on the premises, foot of Montague-street, Brooklyn, then known as Lyon & Haff's naval store yard; and the said defendants accepted and received the same, and agreed to pay these plaintiffs therefor, as hereinafter mentioned.

That in order to arrive at and determine the value of said property, so sold and delivered as aforesaid, the said plaintiffs and defendants did make and execute, under their respective hands, an instrument in writing, in the words and figures following, to wit:

We hereby constitute and appoint James B. Barney and William S. Wright to appraise the sheds and fixtures now on the premises, foot of Montague-street, Brooklyn, known as Lyon & Haff's naval store yard, and bind ourselves, each to the other, to abide by their valuation of the same, at which we, Lyon & Haff, agree to sell the same to Benjamin Blossom & Son; and we, Benjamin Blossom & Son, agree to buy the same of Lyon & Haff. It being hereby agreed that, in case the appraisers named above should be unable to agree in their valuation, they shall select a third and disinterested party, as usual in such cases, to assist them in the appraisement. Witness our hands, this 25th day of April, 1854. (Signed, ) BENJAMIN BLOSSOM & SON,

1 This case is reported in 4 Duer, 318.

LYON & HAFF.

That the said Barney & Wright, being unable to agree upon a valuation of said property, did thereupon, pursuant to the requirement of said instrument, select one Robert White, a third and disinterested party, to assist them in such appraisement.

That said Barney, Wright and White did thereupon examine said property, and the said Wright and White did then and there agree that the value of said property was the sum of $2,550; and did make and execute under their hands, and deliver to the plaintiffs, an instrument in writing, in the words and figures following, to wit:

We, the undersigned, William S. Wright, one of the appraisers appointed April 25th, 1854, by Messrs. B. Blossom & Son and Messrs. Lyon & Haff, to appraise the sheds and fixtures on the premises foot of Montague-street, Brooklyn, known as Lyon & Haff's naval store yard, and Robert White, the person selected by Messrs. James B. Barney and William T. Wright, appraisers appointed as aforesaid ( said Barney and Wright being unable to agree in their valuation ), having, with said James B. Barney, examined the sheds and fixtures referred to in the agreement of purchase between Messrs. B. Blossom & Son and Lyon & Haff, dated April 25th, 1854, do certify that we appraise the said shed and fixtures at $2,550, as a just and fair valuation of the

same.

Dated, August 21st, 1854.

(Signed,)

ROBERT WHITE,
WM. S. WRIGHT.

That the said sheds and fixtures were reasonably worth the sum of $2,550.

That the said defendants, by reason of the premises, became, and were and still are, indebted to these plaintiffs, to said amount, for said sheds and fixtures delivered as aforesaid ; that, though the plaintiffs have demanded payment from the said defendants, they have neglected and refused, and still do neglect and refuse, to pay these plaintiffs the same or any part thereof.

Wherefore these plaintiffs demand judgment against the said defendants for the sum of $2,550, with interest from the 25th of August, 1854, besides the costs of this action. MONELL, WILLARD & ANDERSON,

Plaintiffs' Attorneys.

(No. 51.)

For breach of a contract of guarantee.

SUPREME COURT - WESTCHESTER COUNTY.

Abram Knight, Junior,

agt.
John McKnight.

The abovenamed plaintiff complains against the said defendant:

That the said plaintiff purchased of the said defendant one hundred barrels of ale for the sum of $7 per barrel, and fifty half barrels of ale for the sum of $4 per half barrel, and paid for the same the sum of $900 ; that at the time of the said purchase, the said defendant made his written guaranty, under seal, in the words and figures following, to wit:

Whereas, Abram Knight, Junior, of the city of New-York, has purchased of John McKnight, of the city of Albany, in the State of New-York, one hundred barrels and fifty half barrels of ale, for the sum of $7 for every barrel and $4 for every half barrel, which amounts in the whole to $900. And, whereas, said ale has been shipped by said purchaser on board the ship called the “ Hindostan,” now in the port of the city of New-York, bound for the port of San Francisco, in the State of California; and, whereas, said ale was sold upon the guaranty herein mentioned; now I, the said John McKnight, in consideration of the premises, and of said sum of $900, do hereby guaranty to the said purchaser that said ale is of the first quality for shipping to said port of San Francisco, that said barrels and half barrels are properly filled, and that said ale will not sour or burst the barrels contain. ing the same, during said voyage. Witness my hand and seal, October 24th, 1850.

JOHN MCKNIGHT. [L. S.] Witness, T. D. JAMES.

And the said plaintiff further says, that he shipped the said barrels and half barrels of ale for San Francisco per ship “Hindostan;" that the said ale contained in said half barrels and barrels aforesaid did sour during said voyage, and was unfit for use, and was sold by the consignee thereof at public auction; that by reason of the said ale becoming sour during the voyage, the said plaintiff has sustained damage to the amount of $1,132.45, for which sum, with interest from this date, and the costs of this action, the plaintiff demands judgment against the said defendant.

WM. C. R. ENGLISH,

Plaintiff's Attorney. 57

(No. 52.)

On a policy of insurance against fire, the demand after

proof and service of loss having been assigned to the plaintif

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The abovenamed plaintiff complains against the above named defendants, a mutual insurance company, created and incorporated by an act of the Legislature of the State of New-York, passed May 12th, 1836, and says:

That the Cohoes Company, an incorporation created under and by virtue of an act of the Legislature of said state, passed March 28, 1826, made application to become insured, as mortgagees in said insurance company, in the sum of $1,000, on a certain brick building situated in the village of Cohoes, Albany county ; and that on the 24th day of October, 1849, the said defendants, for and in consideration of the sum of $30, and in consideration that the said Cohoes Company made their premium note for $150, and delivered the same to the said defendants, made, executed and delivered to the said Cohoes Company a policy of insurance, No. 4,688, duly signed by the president and secretary of said insurance company, wherein the said insurance company certified “ that the said Cohoes Company have become, and by these presents are, insured in and by said company as mortgagees upon the property described as aforesaid, in the sum of $1,000, for the term of five years, commencing at noon on the said 24th day of October,

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