The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-11-06

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tees 70 go At some time before the publication Of ths
ana see that vas To this evidence the pisu
ton and admitted the testimony 10 which n,sntirs
counsel excepted The judge then charged the jury on
question of law lie told the jury that IL rom The sv
dsnce they came to the conclusion that Mr. Bryant was
up and printed they ought to and verdict Tor thr
plaintiff; but H. after considering the testimony offered
by the they came to the conclusion
plaintiff his agent bound to 20 ths printing
Office and to compare and correct the proof sheet and
that all was correct than the plaintiff guilty OF
negligence and the defendant would be entitled 70
verdict The plaintiffs counsel also excepted to this
Of the charge and jury found verdict for the
gued by Mr. Anthem for the panti In relation to the
question whether the plaintiff barred by the statute
of limitations he contended that the statute did
not begin to until actual damage to the plaintiff had
accrued which not until action was brought and
decided against him by the Court of Errors Had he
mage and therefore could have verdict in his favor
pom the other point he in"stsd that there vas an In
should diligently and faithfully DO the work. for
which he received full consideration and II the
nuscript. he should havs brought it to the writer
before he act 1t up He further commended Chat
troll or sbrogate legal contract and transfer the bur.
then of the performances Of to the shoulders Of other
to be admitted and ia this view the judge had
charging the jury Mr. Anthem cited various de-
positions Mr. r sedgswick, for Defendant commended
that the statute Of limitations began the
ton accrued, and the plaintiff although he might NOT
Dc ABLE to prove special damage might bring his action
cited Howell vs. Young, b. and C., 1850 Short VI Mo
Carthey, and Pummer Wilcocks, ath Petera II lie
next argued that the plaintiff his agent ought
sent the manuscript written In such q way a. net to
misead the printer but here the manuscript was 40
badly written that the most Intelligent might be
bic to charge the printer with the neglect and want of
care Of the plaintiff and bis agent With regard the
custom there was no doubt of Its existence and the
plaintiff and his attorney bound by IT, and It
the duty Of both or Que Of them to compare and
that the printed copy with the manuscript
and moreover the affidavit OF ths publication trac
sd to the plaintiffs attorney, and II he had used due
diligence, he should have the and corrected
1t. Judgment reserved.
CoMMoy PLEAS Before Judge UishoefYsr-J L. Knopp
u.s. John Disbrow-This was action q promissory
Royce Of Rochester purchased fruit in this CITY,
and drew the note In suit to the order Of the defendant
it discounted at the North River B.nt and IL. money
was applied In payment for the fruit purchased BY
August lS46 the day the note fell due the psintin
ceived draft for $3.50 at three days sight and SIS in
cash from Royce enclosed in letter, but without d.
firm then held note for s3lo 49, that due July
30 ls46 and another note for $780, that fell due the
10Th August, 1876 The plaintiffs Arm applied the mo-
ney the S3l6 Is note and endorsed the balance
the 5000 note Tho note in suit protested and the
plaintiff had to take up brings his action against
the descendant as endoser The defence usury, and
also that the 5000 sent by Royce should be applied In
Tor plaintiff for SIos a. For plaintiff Mr. a. Thomp
son; for defendant, MIR. Terry.
U. 8. CIRCUIT Counr- Before Judge Nelson Wildev
referred to Thursday, was given to the Jury
this evening Sealed verdict morrow his) morning
The War.
FROM The PLAINS AND sANTAFE
"A letter to the St. Louis NeW Era, dated Fort Leaven
WORTH Oct 10TH says that train of 400 or 900 oxen
would leave that day to join the troops the Upper
Leavenworth from santa ., on the 18th Col Estons
Battalion had arrived before they Santa Fe let
ter dated santa Fs August %, Colonel Eaton's
troops were yet in tents, but would 60 into quar-
ters The privstes Of Company A have signed paper
requesting one OF the Lsutenants to resign Two
companies would arrive In a few days.
There is plenty Of provisions Of s kinds for the oon
sumption Of the troops.
Santa Fe has six hundred houses in valley surroun.
ded by mountains The fort commands the town, and
the fountain which supplies it with water
ly believe them all without being on the spot.
ARMY INrKLLIoRNcK
me following the letter OF the Secretary Of War 10
the General Of rennsssss extending tho
call on that State to another regiment -
War DEPARTMENT, Washington, Oot 9, lsa7
sIn.The President has this day determined extend
the call Tor from Tennessee another imam
try regiment. With view to their early organiss alton
and departure for the seat Of the Of Ten
ncssee has been Informed, In communication this day
addressed TO him, making the requisiton that prefer
snce will be given to the ten companies already raised
and who have rendered their services -
In your letter OF the 10th ult The communication TO
his Exoeency the Governor Of your Stste ON this sub
jet, will 30 by the sans mail which viii carry this let
Acopy of this letter to the Governor Of Tennessee s
Very respectfully, your obsdient servant
W. L. MARCY, Secretary Of War.
Gen. JAS. A. DEEny, e. NJ Gen. Tennessee X oxvilie,
Tenn
The United States transport steamer the Beaufort
District sailed for Vera Cruz Tuesday last having on
board4 men and horses and yesterday the Galveston
and the Mary Burt the former with l0s the latter
with l35 men and horses OF the Georgia battalion de-
parted for the same destnation. Noodle Register and
Mali Failures.
At Petersburg, Va tho New Orleans papers due Nov
lth, did not arrive.
From the Mobile Register & Journal, oot ISL
Al the time OF our going to late last night the
New Orleans mail due yesterday morning, had not ar
rived.
The Buffalo Commercial Advertiser, OF Nov LIST, I'd,
ana 30, all came to hand at once to-day
miscellaneous.
number OF missionaries consisting OF the Rev aleb
Il. Baldwin and wife, OF Bloomfield, New Jersey; Rev
Seneca Cummings and wife, Of New Hampshire and
Rev VIM L. Richards, OF Brooklyn (son OF Mr. Richards
OF the Sandwich lsan are about to embark for China
from this port-Phtfd North .7weriean, Nor. o.
The New Haven Bank are having new plstea snsrsvsd
In psce of those which ware stolen short time snce
and the institution is calling in all the old as fast
us possible
NV YoRk Co,Ls-Ths Courier Iu Haore contains
the following serious charge against agents for the
supply Of the French steamers at New York The
cialy those furnshed TO the New York were
very inferior quality From this the New York,
on her retnrn voyage considerably retarded These
Goals Of such inferior kind that the
Obliged TO throw barrel, OF pitch into the IRE In order TO
help them TO burnn We inclined to think that
fault II is DO found with thu French theussysr
who naocustomed to the Of mineral coal ana
perhaps too impatient to learn how to manage 1t.
! The LATE ACCIDENT ON TIE MASSACHUSETTS
! AND VERMONT RAILRoAD.-It Is now said that
the recent catastrophe the Vermont and Massuoh
sets railroad less the Of accident than d.
Sgn That two bolts essential to the stability of the
bridge, removed and this nous ths
destruction OF the bridge Is traced IL 10 stated that
there had been some trouble among the laborsrs on tn.
road, and portion OF them had struck day or two
preceding HINTS were then thrown out foresha
result similar to the dreadful calamity AthoI-aud
Suspicion nas slen on two persons the guilty parties
MS report Is based the that
aborer who had disagreed with their employers msda
uss OF certain threats, previous the accident, in
presence OF two girls Since the accident these threats