The New York herald., 1845-02-16


rendered verdict fer plaintiff, cents damages and six
cents cost.
Before full Bench
DEcsToNs.-R0ger M0neg ads Constantine Donoho.-
Action for alleged defamation of character and assault
and battery sadto have been committed about the
robber appear to have been used.
Defendant demurs for nisjoinder Of counts-lst That
there is oinder trepass and case as all the counts
are IN case; "a Whether count, in case for assault
and battery can be Joined with one sander. These
points in the however settled by the ls
the amount Of the same the trial the plaintiff nom
suited and he moves for a trial, the ground
s e S
he contends that under the circumsances the de-
endant was himself bound to prove that he paid the
the drawee Of check authorised to pay the holder
bearer, although notified not to do so unless full
maker may pay it, The defendant in this case had notice
not to pay abont the ls Of April ls42, and bond Of
demny was afterwards rendered dated the 18th Februa
indemnity, and was therefore justified in paying it. As
to the other count plaintiff bouud to make out his
case by competent proofs and not by declarations
admissions by himself and others intended to affect de-
fendants rights Nonsuit, therefore, confirmed, with
costs
The Court held that case Willie for an assault andbat
terry well trespass, r. g. $685. and in that action
both counts were joined with count for malicious pro
secuti0n and such onder was objected it0 Therefore
the Court Of opinion that plaintiff is entitled to udg
ment on demurrer. with liberty to defendant to plead
Daniel Hughs w. Nathaniel r. Weeks-Tn this case de.
fendant owed plaintiff sum of money and gave him a
check on bank tor the amount Plaintiff passed the
OF fraud against Gillespie notified the bank not to pay the
check, and payment was refused. The defendant was
tiff rendered indemnity bond to the defendant but this
was after the check was paid although the plaintiff said
ton se ss eSse
fiction Of Slender -Donouan and wifs vs.. Hogan.-Mo-
ton in arrest Of Judgment TO be submitted written
d. Major, for ppH r Emmett, for dept
Before a full Bench.
Observation-Disclosures MEMBERS OF Bar
Donoho vs. Roger Monoghan This was brought up
on demurrer The plaintiffs attorney in declaring EN-.
sanasr snd assault and battery IN tnS same ds
the following groundsfrst that the action vi ct aris
was Joined with the action Of trespsss the Be-
cond that there was moinder Of counts To all these
objections the plaintiffs attorney joined issue which is
now called the demurrer Judgment for plaintiff de.
nurrer with liberty to the defendant to amend pay
ment Of costs For pl'f, p. Mulvey. For deft, A. t.
Brown
NEW YoRK LEGIsLATURK.-In the Senate, on the
18th, Mr. Faulkner reported bill relative to the
transportation ofthe u g. mails the railways of the
State.
resolution, submitted by Mr.. Corning, was adopted,
calling on the receivers Of the suspended banks
der an account otheir stewardship to the committee
banks.
The resolutions in favor Of the Postage bill passed by
the Senate Of the U. 8 were adopted.
The attendance of the Lieut. Gov being required the
Canal Board today it being the day assigned for the
choice OF the canal officers Mr. Bockee of Dutchess
was elected president pro tenn
We have learned the doings ofhe Canal Board but
twas understood that pretty general removal Of the in
| cumbents would take place.
bill was reported In the House. amendstory ofthe re.
neral election law Of the State provides that In future
but ballot shall be used end that without any en-
dorsement.
The report Of the committee elections against the
petitions for law preventing foreigners from voting until
year after naturalization, was agreed to.
Mr. Morrison laid on the table resolution directing the
railway committee TO report whether any of the State rail
way companies have refused carry the messengers
the independent mail companies and on whose sugges.
tion such refusal originated, &c.
The bill to pay the troops called into service In Colum
bi. county was debated but question taken the
only amendment moved yet to reduce the allowance
from - to 81.
WAR IN TIRE CHEROKEE NArror.-The country
Will hear with regret that civil war is threatened
among the Cherokees as the result of the long existing
controversy between the two parties into which the ma
pears to be the murder Of Lewis Rogers son of one o
the chiefs on bis return the oath ut from attending
the u. 3 Commission al Fort Gibson He was found IN
dying state and declared before he expired hat he fe
uoder the bowie Knives OF gang of the Ross party OF
the 900 persons who compose the nation large majo
riy are in favor OF Ross but the minority have organ
ell and declared him usurper who has robbed the
ton Of hall 0 million OF dollars.
The commissioners appointed by the Executive to me-
date (jsn Jones, r. NJ Bnter and John r. Msson) have
returned to Warrington, but their report has not been
made public They do not appear, however, to nave
composed the difficulties 4 he Ross party emiHraed from
Georgia after the schemerhorn Trestyn The remain
Ing third are known the old settlers" and Treaty
Party" who made treaty with the United states Tor
voluntary removal In 1919, l696 and l6oa