Herald of the times. [volume] (Newport, R.I.) 1830-1846, 1838-06-21

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The Circuit Court of the United States,
Judge Story presidng) commenced its June
term in this place on Friday last, and adjourn
cd on Monday.
In the case Of John w. Richmond, vs.. Cor
neiins Vanderbilt, for compensation for SER
vices rendered as agent for steamboat Lex
ington, and for advances made, the jury re-
turned q verdict Of about $2500, including
about $3.50 for advances.
In casc Stevens vs.. Peckl.am, for assault
and battery-verdict $25 damages for plain
tiff.
Tho decision Of the Court in the following
causes is highly important to the community
at largo, as establishing or settling Law
principles which, by many, have not hereto
fore correctly understood.
The first was the case of Hannah Hart
against Asa Gray:-this was an action of as
sumpst 10 recover from the Defendant the
sum Of $3.50, received by him as Guardian of
the Plaintiff, appointed by the Court Of Pro-
bate Of the Town Of Tivsrton and although
the issue was made up to the country, the
question was strictly question Of law, ari-
sing under the statute Of X. |. us 10 the kind
Of notice to be given to the person charged
as incompetent; the Court decided that it
must be by written paper under the sigma
turc Of the Clerk actually delivered or serv-
ed and that written citation served by the
Town Sergeant, by merely reading the same,
was no compliance with the statute THAT
the Defendant had, in fact, never been le-
gal Guardian and the Plaintiff was entitled
to recover. A verdict was taken by consent
accordingly. This decision, although the
amount in controversy in this action was un-
important, will have IN operation TO affect
nearly oil tho cases of Guardianship in the
State and may shake the titles to hundreds Of
Real Estates sold by Guardians.
The next was an action brought by Moses
Gamwell and Lewis Collins, against the
Union Steam Mill Co., of East Greenwich, to
recover the amount of certain notes, given in
the name Of that Company, by Daniel Greene
Agent:-this case like tie I, rner depended
oil question Of Law :-as TO what did or did
not create legal Corporation: this action
was brought against the pretended Corpora
tors, as ordinary copartners. The Dcfts.
claimed to be Corporation but it appeared
that no capital stock had been established
no division of stock had ever been made or
subscribed for, or certificates given; the
Court therefore decided that they had never
been Corporation, qualified to contract in
that capacity that the Detts. wero liable in
their individual capacities, that every thing
done by them, as such, was absolutely void,
and that tho Pltf. was entitled to verdi:t
for the amount of his claim. Immediate Exc
cution was moved for by the Pltffs Counsel !;
ordered by the Court, at about s p. NJ. on
Saturday and levied at East Greenwich the
same night before l2 o'clock.
The next and last was on an Indictment
United STATES vs. William Rogers and eight
other seamen on board the brig Troy, Of Bris.
tol, charged with having endcavorcd to make
q revolt on board said brig. The indictment
stated the brig to be a Registered vessel Of
the United States. The Shipping articles
stated the brig to be vessel engaged in the
Whale Fishery. The Court suggested to the
District Attorney, that the proof would not
support the indictment, inasmuch as that sea
men could not lawfully be engaged on board
q Registered vessel 10 carry on the Whale
Fishery: and that as the offence charged
must be committed by seamen lawfully en-
gagged as such, the proof would not support
the indictment. The District Attorney, by
advice Of tho Court, entered a mol Pros, and
the prisoners were discharged.