Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1833-03-25

of amount, was decided few days since in favor
of Theodore Davenport, against w. c. H. Wad-
dell, nominal defendant, in the Superior Court.
The plaintiff had purchased, during the last sum.
mer. quantity Of wire from the firm of Lewis
Fl Bates 4 Co. Of this city. Ia the month Of
MAY previous, a person by the name Of Salthouse,
had recovered a judgment against William Lacon,
the individual who constituted the Go. in the
partnership concern Of Lewis H Bates & Co.;
aud having obtained execution thereon. the same
was levied upon the said wire by the Defendant,
Marshal Of the District who took it into custody,
and refused to deliver it over to the purchaser.
The question for decisron, was whether levy
upon cO-partnershp property for an individual
debt of one member of q concern, was valid =
The Court, Judge Hoffman presiding, adjudsed
that the defence Was not tenabe. Ii was not to
be allowed as principle of law, that the whole
property of 6rm may be taken out OF its hands,
and be dealt with as Sheriff may think proper.
under an execution issued against partner Of
the firm. An interest in it may be cIaimed-but
the property cannot be seized. The possession
and disposal of it must remain with the firm, and
all that the creditor can. n any such case, DO, is
to give notice to the other parties of the execu-
ton against the insOlvent aItner. to account with
him for the balance OF his property remaining IN
their hands. after all the debts due to the solvent
partner are paddy. Y. Com, .2dv.
Cholera al Oporto. Capt. Jennings, OF brig
Marcellus. arrived Yesterday from Malaga and
Gibraltar, informs that the Cholera had broke
out at Oporto, and was making considerable
ravages. Ii was carried thither BY the troops
sent cut for Don Pedro's army. several staff Of
6cers OF which died on the passage. the dis.
ease ii st made its appearances among thuse OF
the inhabitants visited by the troops This intel
lisence was brought to Gibralter by the Hy-
perion, the master Of which inadvertently men.
toned the fact, and be-was forthwith ordered
to Port Mahon. Two Portuguese vessels also ar
rived from Oporto while the Murcellus lay at
Gibraltar. and were likwise ordered off. The
news created great alarm at Gibraltar. This is
the fest account of the appearance OF the Chol
era in either Portugal or Spain-N Y. Gaz.
The Gardiner (Maine) Intelgencer, in an.
noncins the death of Commodore Tucker, saws
of him, that next to LataJ cite, "he was the high
es, surviving officer Of the Revolution, at the time
of his death. Perhaps there vas not a drawer
man in the whole service: nr one who, to the cx
tent of his command. had gained greater nnm-
Der OF severely earned victories than Com. L.
Iii, vas the first wri ten commission during the
Revolution. and b. was selected by Gen. Wash
ngtOn to convey Nj John Adams, our first Mi
mister, to France. On his passage he escaped a
"A and two :IIsates which pursued him long
time almost-withn gun shot. and actually captur-
ed another British trigate of superior force,
whist Mr.. A. was on board Daring his whole
naval service, Com. I. captured 5000 # the enc
nv and 600 British guns. Within a few weeks
the Government had settled "a pension of $500
per year on the venerable Captain, but he has
not been permitted to live to enjoy IT.