Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-01-09

had molly and manfully, like good citizen, satisfied
the full penalty Of the law in court and il now re-
manned for the Court 10 take such steps as should
compel Mr. Haggerty to satisfy the just requirements
OF the law in another court As far as character il
concerned as the Court-a the entire public must
know, that Of Nr. Bennett stands far above Mr.
Haggerty or any of his perseculors-far above
nm for generosity independence, intellect, noble
ness, and every thing; the character of Er. Ben
nett is such as all-all must approve of But the
cendsct OF Mr. Haggeriy is not such as all can APP
prove of It IS not such as any approve Of Ii is
sensh, grasplng reveEgeful and fendisn. He is like
a horse leech, eternally crying "gve! givep He is
Ike the ravenous famlshed wolf-never, never salts
fed
." Nv With tina, long gallop which can tire
The hound's deep hate and bunter's frew
he was hungry, remorseless, treacherous-pre
onnLpresslng en-t he accomplished the destruction
OF his victim!
MI. Lord replied, that this should be considered
similar 10 a s':it settled out of Court in which -
mentlon was made of COSTS
Mr.. Grahani-Not at all, sir it is very different
we consent not ha. it shsa,d be settled as you wish
Mr. Lord-Does the gentleman wish to drive us ON
10 prosecuting the suit?
Mr. Graham-l should not be surprised at anv
course they might take; If the counsel has been ad-
vsed by his client (which is improbabe) 10 con-
tlnue the suit, he can DO so, if he chooses
Mr. Lord-Oh sir, we have no idea of continuing
the suit
Mr. Graham--I do not wish The matter to be left
We wish to be protected from the tender mercies of
wolves.
The Court then said that they could no, order the
plaintiff TO discontinue the suit but they coad pur-
sue one OF two courses, either TO order perpeu-
al stay of proceedings in which case the cause would
remain IN Court, but could never be proceeded with
and each party would have TO pay their own costs:
ort they could give Judgment as in the case of nom
SUIT, IN which case the plaintiff must pay all costs
but would be at liberty 10 commence new suit.
| MIR. Graham said that he would make no election
IN the matter-he left II in the hands of the Courts
and to their decision himself and client, as good c-
zens, would most cheerfully submit.
The Court we presume will give decision TODAY.
MARINE CouRT.-Learned versus Loyia,.-This
was suit brought by the plaintiff 10 recover the sum
of slOo on the one part or $50 on the second part or
Sl5O on both parts for selling a certain house. be-
longlng, 10 defendant being No. l6s Spring street.
agreeablyto the alleged promise of defendant.
The plaintiff commended and brought witnesses 10
| show that Lovat authorised him TO cell the hoase
and promised 10 give him 500 if he did So Further
that Loviat promised 10 give him $50 in case the
house was sold 10 any one.
Learned also brought up Mr. Donohue TO show
that he, Donohue, agreed buy the house on the LIST
August 1887, for S4,375, and that he was TO paw
| the money IN four days; and that he had the
money at that time in the bank, and was both
able and willing TO paw for IT, at the time agreed
on. Further, that he, DeRohue, employed Mr. Bo-
CART as his COUNSEL 10 that the title Yves good and
that three days after signing the agreement with
Learned 10 purchase, they both called on Boeart
about the tte in order 10 complete the purchase but
Bsgart had notbeen able satisfy himself about the
title by search ng the records.
1t was also proved that Loviat took Denohue and
Learned 10 the house-asked the tenant to show them
the house, and told the tenant that Donohue had
bought the house.
TWAS further shown that there was q mortgage on
the property for 500 dated 18th of June 1882 be-
tween VIM. Lewis and his wife to John Sutphen the
executor Of Gilbert Roe which mortgage is sill unsa-
usfied And Donohue testified that in sequence of
this mortgage he backed out and would not buy The
property - 'S
For the defence witnesses were brought " ho arc
that they repeatedly endeavored 10 get Mr. Donohue
10 close the bargain, but he would not-that ne never
went near his awyer-that he never was able 10 bpv
the property and never meant to buy il; and finally i
was sold TO the mother Of Mr.. Judah the LAWYER for
$4,375. y"' ="
The Judge said that he believed that the mom.,,
the Land Agentbrouah two parties top ether and cns
said I'll sell, and the other said "l'u buvn ,b.t
moment the functions of the Land Agent ceased al
though the sale may never be completed and he l.
entitled TO his commission; and that il has been so
decided in the court Of Common Pleas.
He however said he would take time 10 del;horo,o
and decide in two or three days.
The Judgment Of the court and other m,,,s,s iii
be published hereafter. i