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

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the The main ground relied on for this
purpose the execution and tender OF the release and
discharge OF those mortgages by Savage TO D'WolG
the Isth OF August 1874 II appears from the evidence
that the 2sd Of July 1884, he drawn and
executed formal release and discharge of ALI his right
and interest in these mortgsgss-that has
also been referred to aud Its contents large It
Is Therefore not necessary that should refer to mors
particularly insisted that this Of the plaintiff
that is the tender OF the written discharge to DWo
subjects him to the inference that he had not before that
tm- Iunl.d the condition upon which the notes
placed la the hands of his agent On the other side It is
replied that this was supsrabundant caution thu
part OF tne plantif His Honor after some further
MARKS said the question whether the evidence salts
ned the Jury that the condition not performed; that
charged according to the agreement If thew were NOT It
would be- good defence to the action but II the condition
was performed the plant would have arat to
nsslsd verdict to morrow morning For piaiptih
IL kstchum for defendants. MIR. Cutting
Before Judg, Belts The November term grand Jury
was sworn In this morning, after which His Honor de-
hvsrod brief charge, and tho jury retired The crim
nal calendar 10 very light there being but few light
cave, on it. The admiralty calendar then taken up,
The United States ps The Bark Chancellor, rhch
was commenced in September term, was resumed 1t
will be remembered hat he Chancellor captured on
the coast Of Africa by the United States soop Dolphin.
Commander Pope. on suspicion OF her captain and
tbs slave trade, and sent home in charge of Lieu
tenant Dulauy. Three or four Witnesses among
G we're ono no, or two OF tns snd one 2,
view to SHOW that there strong grounds for max
ing the capture When this case was commenced the
evidence was very fully reported and as the testimony
to-day only cumulative. We omit 1t. The case Is
adjourned. and will be resumed tomorrow
US Dnrnlcr Couxr Nov. IO-Before Judge Bstts.
The grand jury came into court this morning. with
true bills against George Hsnord and three Others part
of the Of the ship Edwna, for attempt to
ute q revolt.
U. CIRcuIr Counr, Nov 10 Before Judge Nelson.
--savcgr Dr. Woy-In this cause the jury rendered
q verdict for the defendant
Ths Steamboat J. e COFFEE rs Joseph Hasketh The
decree made by the district judge in this cause
frmed, with costs.
Counr OF ArrEALs, Nov. e-November Term
Bronson, Charles II RugglssAddbon Gardner, Judges
SAMUEL Jones, Wm B Wright, Charles Gray, Thomas
Clerk Tns court Organised thu. morning at 10 clocf
Two motions fret heard after which the calendar
o., Hnry Western was called on, and In partsrgued
The court adjourned at O'Clock until 10 O'Clock
TO- morrow, yesterday morning)
Couar OF APPEALS, Nov. 10 The court met this
morning at 10 o'clock, and resumed No the
calendar: The argument was not finished when the
court adjourned.
Justices Hurbut, Mocoun and Mason-No. 39K Brush
VS.. Boughton being concluded, No. a., Theriot
was oy ~ a aol w nt
was next argued by Cutter for defendant and Sher
wood for plaintiffs The court then called the calender
and the parties bpg ready No 4s was taken up Ames
and Reed, VS. Huntington. Allen appeared for
plaintiff and Mr. Fanoher for defendant, but before
MIR Allen Had concluded his argument the court ad
journed to 10 O'Clock.
supnEMr CouRr-special Term-Before Judge Ed
wards The court occupied the entire day with
tions, none Of which were OF any interest.
SUPREME COURT Nov l0-Pressnt Justices Hurlbut,
McCouu and Mason Ne 40, Amss Reed Hun
tngton, which taken up esterday, and two other
causes, concluded
CIRCUIT Counr, Nov 9-Bsfore Judge Edmonds-
Jim sR Sharp Us. Jas Pred.n-This action Of
escmsnt for gore Of land in Queens county. There
was a verdict FIR the plaintiff The tried be-
fore. For PLAINTIFF Mr. r n Morrison for defend ant,
Tnoraos Haskins u.s. Patterson e. Valentine This
action to the value af quantity Of casks
and beer barrels In ls43 the plaintiff owned the pro-
perty and hired them to tho Defendants who
brew-r they paying him fer the the plaintiff after
became indebted to defendants and pledged the
alleges Sl2i for which the defendants sold them
Plaintiff Afterwards rendered the amount Of his indebt
having sold them could not of course return them
the plaintiff nov brings his action for their value Ad
tourned this morning. For plaintiff, Mr.. Smith for
defendants, MIR. Jordan.
CrscuIr CouRr, Nov. lO.-Before Judge Edmonds -
Thomas Haskins u.s. Patterson & Taienhne This cause
resulted in nonsuit Another cause was then called
which also resulted In nonsuit after which the
court adjourned
ComMoN PLEAS, Nov. e-Before Judge UshoeRsr.-
Wiiiam a. Gu.st Us Elisha Peck, ct ai-This was an
sotiop for bill Of goods-ths sum claimed $476.
The Plaintiff sold lot Of cotton goods t. the defendant
WHOM they afterwards refused to take; the goods
then sold at auction for what they brought and this
action is to recover the difference between that and
what they sold to defendants for. Verdict for
plaintiff for the amount claimed
Hampton Clark Dennts Muilins.-Acton for
ssult and battery and fslse Imprisonment From the
Testimony In this IL appeared that In October.
1896 the plaintiff resided In Pearl street, somewhere
near the defendants store, and evening about
to his furniture, when woman, who had lived
with him want, came up and demanded payment
Of her angry words passed between them and "
proved by witness, named French, that plaintiff
struck the woman and that she fell or stumbled on thu
sidewalk crowd collected and she followed out for the
latter of his store and gave the
plaintiff in charge to policeman VINO brought him to
the station house Verdict for plaintiff six cents dam
ages For plaintiff Mr. Miles, for defendant MIR. Joseph
l. White
u. s. CoMMIssIoSrRs OFFICE. Nov. Before Com
Morton - Charge IF .9sssuH 1.-THE case Of Captain
Shin, Of the bark wanowsns reported in the Herald
Of yesterday examined into to-day, and ended In
ths captain being bound over to answer In the sum Of
$1,000