The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-05-17
Circuit Court.
Before Judge Kent.

MAY l6-oseph w .alsop ct ais George II. K.tsey--
This was an action on promlssory note ior So1 ana IN
terest The facts these The defendant gave his en-.
dorsemen to B. +. Lee Co in blank The latter passed
it to George Grswold collateral security for the pay
ment OF their note for $1,000 to Mr. Griswod. When
Lee Co original note became due was taken up but
previously Grswo had purchased other notes oftheirs
he entitled TO hold security until the last notes
he had purchased paid Subsequently he sells the
note to the plaintiff who was his agent in the tansac.
tons between him and Lee Co.. and who was cognzant
OF all the circumstance under which he obtained it. In
the meantime Lee Co become nsolvent and two OF the
partners take the benefit OF the bankrupt aw the general
assignee bankruptcy calls auction and sells their
property and amongst the rest the note in question: to
man named Denham the latter assigns or releases his
the other partner who had not taken the benefit Of the
bankrupt law to the defendant also procured Upon
this state facts the defendant insists that the $1,000 note
having been paid at materity Griswod had no further
claim on the note in question and ought have given it
up; secondly he insists that the plaintiffs merely NOM
na the suit being In reality for the benefit Of Griswod;
and thirdly that the sale by the general assignee and the
release and assignment vest the legal interest in the note
In this the plaintiff contended that under the
general lien law banker would have right to hold
collateral security for the payment Of his general balance
to which the present is kensd and next that the
sale by the general assignee is Illegal in much as he
s the Of to a the
should have sold them separately hence the release from
Denham to plaintiff is void
The two main questions then being, whether Griswod
had lien the note in question for his general balance
and whether the sale by the assignee was illegal Upon
the first Question His Honor Judge Kent was Of opinion
for 81 000 and directed the jury to find verdict for de-
PENDANT subject to the opinion of the Supreme Court on
Mr. Bidwill for plaintiff; Mr.. Cowles ior defendant
Woisey G. Sterling Walter M Fo,cle, ct al In this
tine sn ma sse on
furniture to plaintiff and another person, as collateral
security. The defendant obtained judgment against
Underhll upon which he issued execution, and sold
the furniture The action is brought its value
nonsuit was granted on the ground that one Of the
mortgages was not made party to the suit.
WHEAT.-Several of our exchange papers from
Maryland and Virginia, mention the fine prospects
of abundant harvest Of wheat presented by the fields
and about to collect some Of these notices rs
signs OF the times, when friend, from Bucks county
called and mentioned to US, that until within few days
PROMISE but lately the fly" has made Its appearance
and has been most destructvely active Where he had
expected from twelve hundred to thirteen hundred bush
els he cannot now hope for three hundred and his
perence is that OF great many with whom he converted
and whose fields he saw as he towards the city
PhiLad Gasette, May 10.
Amusements.
w. BURToN.-This admirable comedian,
who occupies the very highest rank In his profess
sion in the United States engagement this
evening at the Chatham Theatre We perceive however
that it is to be limited but opportunity will at least be
given to his admirers to witness him in
Of his favorte characters. Notwithstanding that he is in
to DEFY composition by Offering one OF the strongest bills
offered to the public The celebrated prohibited Com
edy OF Richeeu in Love, which has created great
saton will be performed for the third time and Burton
will appear in the Wandering Minstrel and also in the
Crown Prince. Besides this, Miss NJ A. Cannon and Mr.,
Brooks dance the favoritc Polka and Winans sings
ofhis eccentric productions The theatre must be crowd
ed to give greeting to the sterling favorite Burton and
witness the other entertainments.
RAYMOND AND WEEKS MENAGERIE, CORNER OF
EIGHTH STREET AND BowERY.-The untiriDg inte-
rest that diversified Menagerie such that exhibit
ing at the OF Eighth street and Bowery must al
ways command the public attention, and are therefore
surprised at the universal anxiety to witness the
best collection of the nobes animals yet exhibited in this
country under the management of Herr Dresbach whose
performances unsurpassed in any country and uni
versaly acknowledged in this As the advertisements dc
promise week beyond the present. recommend to
all visit this day and probably the
Of this grand exhibition.
THE Picture representing the confagratiOn Of
St. Michaels Church has been the of great
of persons assembling the New York Museum Every
event is depicted with the utmost fdeltyin addition Ia
and all to be for shilling With such attractions
there is occasion to that the place full
every evening The Comic Trio by theldwarf gantess
and Mr. ConOver Is rich in he:extreme There Is grea
deal of humor in the dwarf and displayed too with much
effect II is impossible for any person to preserve the
gravity on beholding this truly lndicrous scene.
| AMERICAN MUsEUM.-Rare bill offered to-day
| The Orphans in their best fx-Winchell in hi
choicest characters-Cerito with her best dancesant
Cole with his deg besides 1900 pounds Of Giants thu
items which make M the treat The singing of the Or
pheans alone worth the price OF admission twice
and need then urge advise the lovers of music
novelty to 60 We need only say, go early, you
| not get seats. Performances at 81 and ?. M.