Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-03

The question as to whether there had been dis
charge by the taking Of Mr.. Psases note the Or
ly one controverted by the parties. - Is.
The court charged the jury thatif they believed the
plaintiff had taken Pease's note absolutely in pay
msnt Of the partnership debt they must find verdict
for the Observation-Disclosures the plaintiff was ent-
tied 10 recover.
After short retirement, the jury found verdict
for the plainIitffor s4 AZ 81 and COST, costs:
defendants, Obed Grdley, E. F. l.. Brooks, and Il.
Reed.
Mott Bedell vs. james Rowc.-Ths YRS an action
brought to recover the amount OF freight on 2z tons
of coal said have been brought from Philadelphia
for the defendant. One two important points were
involved in IT, On the bill of ladlng l22 tons were en-
tered; whereas, by the evidence OF the welghmaster
only ll4t tons were delivered TO the defendant The
captain, Bedel, claimed the amount OF freight on the
whole l2z Tens, alledging that the wegher had made
an error. For the defence it was proved that ten
der of Sl40 the amount of freight on the ll4i TONS
was made before the suit was brought and that this
amount was paid into court.
The Judge charged that az doubtless the weigh
master was correct, the question was whether bona
fde tender had been made to the amount of the freight
for Ia tans this was tesnfed TO- and not con ra
dlcted and if they believed this TO be the case they
must find for the defendant, as under the law, the
plaintiff could claim for no more than the amount OF
freight what he actually delivered, testified to
by authorised weighmaser. The jury, after seve-
raj hours deberation found verdict for the defen-
dant.
MIME CoURr, February Before Judge Ham-
mend.
Quinn vs.. Rapple--This was action under the
landlord and tenant law Il. r. s. D. SOB sec. II, TO
recover penalty for removing goods by the tenant
after rent came due The defendant was tenant of
part of house of the plaintiff and on the 18th De-
cember last, after some Sl4 or SIS had become DUE
he renewed his goods from the premises with view
to deraud the landlord For the defence, il was
tended that the defendant had the aintffs permits
sion to remove from the premises; and that what mad
been removed were articles by law exempt from dis
trcss and execution, except few trlng articles
worth about ST. Under the charge of his Honor, the
Jury, rendered verdict for the plaintiff.
J. w. Merritt and p. /. Joachimsscn for plaintiff
Thos. Warner for defendant
CouRT OF GESERAL SEssIoNs.-Ths Court opens
on Monday for the term, which is likely TO prove a
very heavy one. The calender contains nearly 100
cases including arsen, forgery, counterfsng, poison
ing Tor next kin to III seduction, swindling, man.
slaughter burglary, assault and battery, ia ct jenus
onnes. On the first day of the term Frost is to be
brought up for sentence, and the papers in the late
death accelerated by Thompsonian treatment, are to
be laid before the grand jury. Look out for next
week.
SPECIAL SESSIONS Friday, February 2.-George
DrHmmond, saller for assaulting his captan-pen-
tertiary month.
Ann Ferguson, for stealing the pole of cistern-
penitentiary months.
John Wright for stealing three yards Of cloth from
store door-p nitentiary months.
Jacob Corwin for robbng a till-penitentary 2
months.
George Wilson (his associate) for the same offence
-penitentiary months.
Robert Washington, for stealing six sheepskns-
penitentiary months.
Temperance Jones for stealing counterpane-
penitentary months
Patrick Brett for rioting in the street. and rafting
away his wfe's frock-penitentiary 6 months
Daniel Boyle for Shaping his wife, posterieri,
with barrel stave; reprimanded and discharged.
Morris Hazard for stealing carpcD ,er's tools-penl-
Tertiary 6 months.
John Connor for stealing an neutrality-suspicious.
tary months.
Betsey Green for stealing silk hat from her mis-
tress-pencntiary months.
Sarah Drummond for stealing bead bag. Let off
because she had baby at the breast.
Police, February More Counterfeters.-A Ii.
censed carman named Edward Grant, arrested
yesterday for rysg pass off counterfeit % bill of
the Wey bosset Bank, of which the following is an
exact copy;
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