New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-11-19

CoURT OF COMMON PLEAs-Bsiore Judge UlsbosHer
Simon Z. Smih W. Mechanics Ranking Articulation
Mr. being about 70 leave for Connecticut 10 remain
or days, left with clerk named oaker two checks on
the Mechanics Banking Association with which To take
up two notes which would fall due he being afraid ii
money be expected from Boston might not afr.ge The
money however, did come and the clerk appropriated
II TO taking up the notes saying 10 Mr. ;. bic return
that he had destroyed the chsckA Soon aferwsrd the
cerh left ssyios be- was going into employment named
10 Phisde phia Soon IL discovered that one of the
checks being for $3.50 had been rendered and paid and
not long stterwsrd the other smOuntng to Si2j II
sscertaned that the clerk had gone Charleston whittier
he was followed and brought back. and Ia In the
state Prison for tins offence Mr. Smith alleges that be
gave notice 10 the bank. after the frat check had been
Psid no, 10 pay any checks OF his except of
tain description and numbered. and his clerk testified
that be gave such notice, and brings action for the
amount The teller of the bank however 10 bis tesi-
mODy said be did not recOec that any such notice had
ever been given The point for the Jury whether
sucn Doce had been given not Verdict for plaintiff
si4S 30 being amount with interest retained by thu
bank for last check-for plaintiff, Messrs f. & c T..
Ms,her; tor defendant mr X. Mount Jr.
Gsain q Lockwood Va Michdd IsaacsOn--Messrs. G. 4
l.. are brokers In Wsllst. They csim 10 have pur.
chased for Mr. lsascson (who is said to be man well
on rs 10 pccuniary esns and by his order 200 shares
OF Norwich and Worcester Railroad stock doing at
81 to 81 per cent the order being at So The order
was given on 24th Nov, 1876 Immediately after which
Mr. left for Boston. On the 18th the stock was pur
chased and paid for In cash amounting TO about 500
On the Goth the steamboat Atlantic, belonging TO the
and w. X. X Co. was wrecked, and the stock fell On
Mr. Ia return from Boston it 10 said he sanctioned the
purchase, and said be would make all right In day
or TWO siterward, II 10 said he sent clerk saying he
was unable in consequence Of having had to purchase
astesmboat, 70 psy the money, but il G. & L. would
keep the stock he would pay them interest the
This they unable TO do and after due notice they
caused the stock TO be sold at auction Mr. Is
count when loss was experienced OF about Sl.5j0-
They now sue 10 recover this deficiency with
penses and $50 commission, making in all S,932 be-
tids interest. On behalf Of plaintiff II Is alleged that
A. lr.lr. Al.
1.-THE Atlantic and the depression OF the shares; while
for defence sverred that the order purchase
for ST. and was denied that toe purchase had been
approved by Mr.. TO be continued this forenoon
For pitt Messrs. Wigbtmsn g. Clark for ddt Mr.. J.
M Smith, Jr
In Chambers-Rsfore Judge Dslv.-HaJens CIR.
pus-ln the case of WiAtam Chapman, whose discharge
from enlistment was demanded, already referred TO- 10
addition to the idea ,hst he had enlisted while 10 state
of in,oxcslou, It sverred he wss not Of age and
mis- mother testified he would not be- 81 I'LL next Febru
AIRY. lie wa discharged -nr. A Campbell appeared in
behslf OF the application and military gentlemsn-who
10 no doubt really such, and good soldier but makes
rather poor or at least very sensitive lswyer-for
defence.
poor woman, with little girl by the hand entered
the Judges Office on Wednesday, afternoon and wished
a hdJecs corpus 10 got her who sho Dald was -
years of sge, from enlistment She said her husband
hsd been killed and she had brought up her children
withou. getting step father over them ard now she has
lost her eldest boy who employed machlrist
and just begsu TO be useful her. Some person Ia
Office recommended her to apply to the sds boss or to
alawyer.
SUPREME CoURr-ID Characterization Judge
Edmond'.-The testimony In the of PRIME. Hard &
Co. 10 the refusal, included Decision reversed
us DISTRICT CoUaT-Be'ore Judge Betts-The trial
of WILLIAM Smith and others part of the crew Of the
ship Mortimer Livingston, IVES concluded. The Jury
found them guilty recommending al but the William
Smith who shipped ct Liverpool, 10 mercy.
J0an L,cs WiNdm Chapman. John Broom and n c.
Hendricks0n, portion Of the same crew were then
placed upon trial indictment for an attempt TO
make revolt growing out OF unruly conduc, Just after
the board At New York, snd had Is said
been drinking freely. The not pressed By the
Assistant Dist Attorney and the Jury found them not
guilty.