Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1823-05-27
LAW DECISIONS.

DISTINCT COURT NEW CAsrLR-yoy 1922
L'ab'tRy OF ue PostmGsterS' Securities -The
postmaster Gen. Of the U. S. as Daniel Goodwin
lhis was an action fdebi "a bond executed nv the
defendant, as surely for Henry Cliff tenuty most
| master OF Milford. The conditions OF the bond
were that Cliff SHOULD faithfully psrCnrn, the ,I,,,;as
OF deputy postmaster. Il appeared that Cliff was in
debed TO the plaintiff for three quarterly balances
the first Of which became due on the 3Isi of Dccem
oer loti ana SUIT was not commenced against the
principal until December IIth, 1920 previous IN
which time Cliff hal become insoIyent and
Isil the state The of 1910 was referred TO bv
defendants counsel, which provides that if The most
mss; general snaIl omIt 20 sue delaung deputies,
WITHIN SIX months after "a quarterly balance shall
accrue, u shall he charged to- and recoverable
IRON nm With view TO this'act it was contend
ed, The bond was executed. The Jury must presume
that The postmaster general and SECRETARY of The rr
snry had done their duties and thar The balance
thus claimed, had been depanded and recei,ed-
on the other hand II was contended that the act nf
lolu only intended to add The security Of the post
master general 10 tina, Of the deputy aud NOT to take
away The remedy against him. This position was
contested by defendant the generality of credits
JnIse Fisher charged the jury, " that under the ACT
oil Congress, the postmaster general IN sire
within six months, is D." charged" with the balance
1t becomes his own debt, and Ia isno, mere sure
W The jury ionnd for the defendant.
DISTRICT CouRr or NV YoRK-This WAS
an acton against William Thomas and two sureGes,
npoh bond executed IN I3i3 for the faithful per1
| Iormance oi his duiy postmaster in Chatham n
Y. damage claimed LIST, outstanding balances of A.
OF me act relative To- The post office department A.
mounting 10 9 235. The defence was conducted On
the hrSi Item, upon the principles OF that in the
case above,-On the second, OF the ground that this
was an account current made out by The postmaster
general, F" whereas, the act conten,nIaeJ The ,c
count rendered 10y the postmaster TO the epartp,ent
aDd this when certified la that Office should he owl
uenCe 10 me court oi the fact, TO form the basis
OF me Judgment, thereby making the accounts rem
dered by the pusimaSiers' evidence AGAINST sheen,
selves lhiSdefence was contested npon the ground
| that u admitted, the United States would not nos
sess the power assess and cnlIert penait;es 4,
wac enough for the y. S. 90 shew a brenct at the
mono 10 enable them 10 sustain the action judge
van Ness was Of opinion that the suit on neither Of
.ne poIn's coud he sustained he would take time,
however, Tor delibrratioD. II was finally arranged
however, that the u s. take verdict for 81 (tht
amount OF the balance unpa5) subiec, to the opinion
OF the conrt and that MIR. Tiotson file bill of ex.
ceplions 10 ,tc decision Of the Jatlp o. excIuLno lo
iesumony relative 70 the certificate Of penalty from
the General Post Office
The Baltimore county court have decided that " a
Verpai engagement, as The security Tor another per-
son, is not Dinhing m law. merchant had refused
credit 10 an applicant for gnods-a nerson came for
ward and pledged himself Tor the PAYMENT and The
p'euge was accepted and entered on the merchant
nook, oui ,he goods were charged 10 the original APP
phcnnt' IL was admitted that The credit had bee n
really gwen ~ consequence ofthat pledge and vet il
vas not worth any thing TO The plaintiff "
Judge Franklin, Of Philadelphia has decided that
the common forms Of executions issued nv tsces a.,
the peace in Pennsylvania, are Illegal irasmnrb re
they are generally made returndbIe nithin tps,tL.
days. whereas, there is positive law of more IN
10 years standing, making the duty Of the Justice ia
name sPscihc day Tor the return Of the execution
Singular as u may appear, this aaw has never been
made use o. until the present case, to set aside an
execution Pat.
Wdrfyiy HolNis-l can have no objection TO state m
facts, Tor the iniormaiiOn Of MIR Coleman, which
induces me now to believe that Walter Scott ia the
author. First, learn that DR. Greenfield is dead
though have EO proof Of the fact.
I'd, The amount pnd for each novel Nv Consta.
BILE, the publisher, about 1900 sterling This
SUN, on the appearance Of each novel, WIS paid A.
sm cttdbly Informed, in-Consiabie's uuies or ac-
cepttnces, nt aud G months, probably less time
and always were IN the hands Of Walter Scott
! 81, Scott made but hide by lis Office Of sheriff
aud YET, since the Waverly novels have appeared he
iias ~ different periods purchased large landed pos
sessions, surrounding his plare of residences the
value Of which exceeds EIO0 100 sterling and Il
| these novels had been tie property Of others he
could not have possessed himself Of Obi, vast sum,
9Th, An ultimate friend Of his Informed NC thai
by the nefesi accident he sBw the manuscript Of one
Of The series Of The Tales Of Ny Landlord IN the
imnd writing Of Waher Scott ~ his publishers and
was not only aplFsrd when u new novel was 10 am
pear bus even knew sOGie OF The Incidents by ami
cipalion.
9Th, That divers descriptions, anecdotes bsllsds
incidents, aud Other materials made known 10 Scott
10y ind vidaas, have been worked ~ ~ these novels
different rrr,cia sud - .sftrty Of Otkrr uf..,fs