The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-22
Common Pleas.

JAN. 0-DEorsor.-Erasius Wheaton ads. Mortimer
Calkins sued Wheaton for the value Of two oxen pur
chased at Bulls Head but the buyer refused pay unless
OIL which he held against the vender allowed
on the settlement. At the trial. the presiding Judge
charged in favor Of the plaintiff to which decision the
defendant excepted
no reason to interfere with the verdict of the Jury.
There testimony both sides, in regard to the deli
very OF the cattle to the defendant and that branch Of the
left by the Judge to the Jury for their decision
do see in the Judges charge any the
there in accordance with the recent decisions of the
supreme Court in similar cases Where personal pro-
perty IL sold and delivered TO the purchaser if nothing
remains to be done before the price be asceaned
then the title and possession passes and the vendor
not except in OF fraud reclaim the property, IL
subsequently paid for But where thing remained TO
be done Gas in this ascerainng the weigh) there.
although there delivery still the plaintiff did not
part with his title to the property or lose his lien upon it,
And also until there Is actual delivery Of the pro-
perty, after everything has been done necessary
pete the SALE and assertion the price, the vendors lien
upon the property for the price remains and he may
fuse to deliver the property without receiving pay ment
ranted by tie testimony. The Court does not 30
understand it, II is evident was not the intent OF the
defendant to pay but to set of old debt To this
of he would have had right the sale had been
leaving this question TO the jury the Judge expressly told
them that the purchasing the cattle with the intent
set of an honest debt would not avoid the sale. Ger
defendant as he could expect.
Upon the whole, the Court see no error either in law
decision of the properly left the jury and
even upon the facts we should have differed from them
still their verdict is not clearly against the evidence
to justify the Court in setting II aside
Amusements.
CHATHAM THEATRE excellent bill is offered
Tor tonight. consisting Of the magnificent drama of
the Jewess and the spectacle of the King of tn Ms,
with Also the performances Of the sercnaders, and Mas
ter Diamond The proceeds OF the night for the bone
fl of Mira Preston of the best upon
boards We trust that the entertainment will meet with
he mt IN stt.trh 4. NJ
takes her benefit tomorrow night and Thursday Mr.
Palmer the Treasurer, puts up his name for benefit
AMERICAN MusEuM.-This establishment sus-
tains It's wonted reputation for novelty and talent
The Albino Boys are regarded as the most astonishing
prodgies Of the age being perfectly white yet possessing
,s, yy 1'nsI r PECULIARLY Of the African me Syr'ey "a
hours.of the day and evening; and the foruncteilng
Queen is ready for private consultation, In addition
TO all this, extraordinary company OF performers
gagged amongst whom the well known and eccentric
Dryaennc whose entertainments are always received
with appreciation and applause-Mons and Madame
Checkcni, who appear In the and admired pan,o.
mino "The -Four Lovers Great Western, 4. @ Booth
H. a. Sherman La Petite Ccrito, &c.
Fox AND PorrAwATAMrE lSpIhNs.--Our city was
yesterday cnvened by the arrival of the Indians
from the plains the Far Westsome 400 miles beyond
the Mississippi They rode through principal Streets
and naturally the objects OF general attention They
were dressed in the nsye costume of their triles their
hair wovc with ieathcrs white and red blankets ,her
upper and neither and their feet clothed in the
Indian moccasns There is primevsl simplicity in this
The squaws arr Of the tribe Of while the
men are OF the Fox tribe In this delegation there
war chief aged 49, and quite savage looking character
the other, council chief Of the venerable age Of ~
There are also young braves and children The indifs
they exhibit to things around them shows that they
are true red men of the forest. II amusing 60 sec
even the little children flock in their to .u
Fear oil the Indians seems TO have departed from the MUIR
sery and the school The History Of the Indian Wars
famous book some since for exciting the fears OF
the magination seems to have had its day and now an
Indian looked upon ordinary specimen OF huma
nity.-.aibany .7ygus, Jap. 20.