The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-11

UNITED STATES DnrnIor CoURr-Nov o-Before
Judge Nelson. Wittiam Savage vs. Julia De Wolf,
ezscutrir. 5c.-rbis was IN action to recover the
amount of three promsory notes $25 600 together
with interest The facts are shortly th-se:-Mr Sa-
wage who is merchant in Boston, had in sll q claim
against sugar plantation. called the Bapuste estate.
in the and Of Cuba for $4,000 He sold his claim
Mr. James De Wolf the defendants husband, for S25-
00O for which Mr. De Wolf gave the three notes In
suit all bearing date the same day but payable at dif
erent times The assignment Of the plaintiffs claim to
MIR De Wolf contained clause that the thoud be
ndtd to a third party, and by him held es
s,sw until the plaintiff should comply with the con
diton also state In the whio that MIR
Savage ssoui OF certain mortgages al
.cug his cain " appeared that In lSl3 he pr. cured
arsasc OF those claims to be rendered to Mr. De Wol
out tue latter refused to accept it, alleging that such
release WAS not compliance WITH the condition MIR
De Woii shortly asr died, and the mites handed
to the plant who brings his action ssinst
Inc widow, rs executrix of De WoI Tue de ienoe 49,
that the condition not performed DEFENDANTS
counsel insisted that the should be attached
the release at the time the tender OF was made and
banded with It to Mr. De Wolf; 1t was also
insisted that the plaintiffs claim the Baptste estate
fell short OF those mentioned in the deed OF
Judge Nelson charged the jury tina: the seton was
notes dated the 10th OF Fsnruary s4t each Tor the
OF IS 3s Is cents the last Ut which was not to fall
dus until July ,sA The execution OF the notes was
.dmIt d, the right Of pixnf 10 recover Is ebtao
snsd the deiendan has Produced evidence 90
,ebut presumption IL appeared that those notes
.re gvcl in pursuance OF contract entered into be.
those p.ress, of the same ate with ths NOES
wl call your attention to It, because Inc whoe OF tne
xrcutrd by James Wolf in person, and ny pis'ptin
ougn agent stlora-y, and was also sxecutsd by
ne aLtornsy The agreement recites that plaintiff, be-
creditor by morris age sugar plantation called
"A. John anti estate, the Island OF Cuba three
tJurJhs Of when belonged TO the heirs OF one John
Smith and other fourth 10 the heirs Of Oliver
W,son the wnolr amounting TO $50 900, which Was
vested IN plaintiff aud which ne conveyed to Wolf in
consideration Of $25,O00, which be secured by
hrse notes. winch notes to oe kept Ia by
agent until Savage procured thu mortgages TO
ne cancelled. The latter, also 10 save DWolf harm
ess; wnrn this event should happen the notes vera
then become operative, and delivered up There Is
40 difficulty in respect OF this agreement except ss re-
r.rus the conditIonthat is whether IL perform
Cd not, before the notes transferred to sa-
wage; not, the groune of defence would then TAIL
II appears then, from tue evidence in the cause that
hose notes are in the hands OF Savage, and that
this suit instituted at his lance aud the rule Of
undoubtedly is ~ STATED oy piaiatifs COUNSEL That
che notes bebg in hands Of savage, Ia presumpJvs
evidence that The condition performed aud That the
notes we're delivered to him In pursuance OF the agrees
and there nothing else III The case IL Ia clear
the painnf would be entitled to recover On the part
OF thdendan 1t Ia insisted by his counsel that there
10 syidgncs In tAe gausv going 10 rehat ths prssunp
tiou cad which Leaves tins transaction wnsrs " steea ~