The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-03-24
Law IntelIIgxncc.

Aduant and Inspector U g. Marine Corps
Law Intelligence.
UNITED STATES DIsrRIcr CoURr, March 23-Before
Judge Belts Sentence George Gilman jones Wallace
John Weaver and Hughes four Of the of the ship
Metoka, convicted Of mutinous conduct on board that
vessel while lying in the harbor Of Now York. were
brought up this morning for sentence Wallace Weaver
and Hughes were recommended to the mercy Of the
Court The Judge stated that from experience he found
lmprsonment had very little effect upon the morals Of
fines II appeared from the testimony on the trial that
however reprehensibe the conduct Of Wallace Weaver
and Hughes was they were led into violation Of the
laws and Of their duty seamen by Others he would
therefore take that into consde sentence them
to pay fine of S25 each and be imprisoned days Gil
man appeared to be the ring in the revolt and he
also appears to be Of intelligence and ought to
have known better he would therefore sentence Tim to
pay hne OF $50 and be also imprisoned for days and
he hoped that this lesson would teach them to behave
better In future and not to set at defiance the laws
their country.
In CHArcsnY, March 90 Before Vice Chancellor Hon.
Lewis H. Sanford-DEcIIoNs -Jaoob Carpenter Us
John Benson Motion for production of contract denied
Defendant ordered to restore the title Deeds &c without
prejudice, SC. No costs to either party.
Charles II Seymour Us. Angus DC Donald aud Others
Motion to Dissolve Injunction denied, with $40 costs
II II Wheeler Us. Acknowledgment to Masters
be taxed. "
Eliza Perrin. Us Simon S. Perrine Motion to dissolve
injunction granted Defendants costs to be in the
cause Complainahts motion for receiver MED with
~ cost; I, 70 DO paid by her next friend
Injunction granted Defendants costs be costs in the
cause
John s. Deuaresf aud oife u.s. Martha Dure and oilers
MOTION for receiver OF the personal effects of John
Darg, granted Receiver pay to widow and 10 such
iegatees as are next Of kim their shares of income which
they would receive by the alleged WILL not exceeding
such share as they would take on an intestacy.
j. Blunt and II. Murray Us allan Hay Motion for
injunction granted To take effect on the 10th Of April
f. W. Durham y Son Us. G. d. Cunningham and 9th.
ers.Mohon that issues De framedfor trial by jury,
granted Reference to master to settle the issues
EhSd and Margdret Hunt Us. ". H. T6wnsend and
others-order that M L voorhis is entitled to receive
the rent from Mrs Sedgwick by way of subrogaon to
the complanans claim No costs to either party against
the other.
The State Of Ohio and others rs Pei and other,-pe
cded that suit became detective Lake and others
ceasing to be commissioners. Subsequent proceedings
yet aside, with $40 costs
to set aside decree denied without costs to either party
W. b and u. Skidmore, erecutors &c. %. f. Norseor.
out personal assets in improving Fulton street lots The
expenditure to be an investment the lien of the lots
and reimbursed with interest half yearly Reference
ascertain how much the life estates shall pay from en-
HANGED income to extinsush the lien.
a. L. Addison and others US. c. l.. Bwckmeyer and
ohsrs-Decree that compliments have prior equity to
have proceeds Of the cotton, &c. applied pay the bills
given its purchase The assignee Of D. sons 10 &C.
count and apply same accordingly and to pay complain
ants costs charging thcm against his trust No
Duckwiiz
M L. H. Butler and tcife u.s. Feai,ey and others-.J M
Lppincou and oife Butler and oihers-D that
the previous DEGREES 81 preclude Baer and wife from
dispung their chdren's sole right to fund Trus
the share Of Lppncott and wife to be paid to L. her
assent Residue TO remain With trustee till further order
Application directed rs to the guardianship SC. Of the
Jacob D. Stage us NJ s. Gsodpin and others Demur.
rer to bill for multihriousness allowed. Bill dismissed
with costs.
r. PentS Isaac Newton, impleaded Nth Ezra Han.
ley, &c ~ n Pents Is. the same-Demurers allow D..
3D. aud bills dismissed with costs, as to Newton.
". M. Paisley and piIe Amelia Ann Rain and
others Bill dismissed with costs on the ground that an
infant cannot join as plaintiff in partition suit
COMMON PLHAs-Before Judge Northumberland
Bank Us, Judson Loomis This was an action pro
missory note for $685. the note drawn in the name
OF Looms and Lathrop. and by him given 10 the
firm of Hyde and sykes, Bin performances of some
the plaintiffs bank, and when il became due tho
defendant refused to pay it. The defence was that the
tween him and the defendant dissolved and that the
bank must have had notice, having been subscribers 10
me paper IN which the notice OF dissolution publish
ed The Court charged that the note in suit was given
for claim which might have been originally enforced
against the firm OF LooEs Lathrop ba, he difficulty
49, that 1t was made after the firm dissolved sud the
defendant now seeks TO get rid OF 1t the ground
that his former partner had no authority TO make
it. The firm of Loomos & Lnsrop was dissolved
on the tenth day of February. The note drawn
on the 18th OF the mouth by Laihrop and discount,
cd by the bank for Hyde sykes the l4lh. There is
no doubt that after dissolution former partner has
power to use the name OF the late firm except by special
agreement Tor purpose and there no proof here of
any such agreement The first question here we're
tho bank dealers with the firm they were then they
were entitled to get notice Of the dissolution what Is
10 ne undortood by being dealers is this Did tho hank
give credit upon their responsibility, and they
In the habit Of taking their paper, &s., for IL
Is not enough tina. paper having the Of
the finn upon it, passed through their hands through
the medium OF third parties but where they issue
their paper, and 1t goes directly 20 the bank from
the firm, and does from time to time, In suoh
dee them dealers within the rule and entitled 10 such
notice. II appears that Hyde and Sy kes had dealings
with Lahrop, and he drew the note in suit and gave
it TO them but the defendant says not for the
fit OF the firm, and upon that ground seeks 10 avoid it,
but he must show concusvey on his part that IL was
net before he ask jury 10 infer the conclu-
has thought proper put the President and Cashier of
the bank the stand and they have both testified that
they the notice Of the dissolution II Is for
you under these circumstances 10 decide on those facts
and to say whether the bank had notice or not; II they
had not they entitled 10 protection but II on the
other hand think they had then defendant would
be entitled to your verdict Verdict for plaintiff Sl042.
CIRCUIT CouRr, March 23-In this Court there was
two short tried Of interest, and few in
quests taken.
CouRr CALENDAR, March ~ Circuit Csrt-i46
1871 49, 49, ls5 TO 1885, l9O 1876 22S 22s, 233 to 33l
Common Pisds-Part lstl, ~, 80, 81, a. 3D. Ga o. So
6i 299 Ga 49, ST. 14s Part 2ndl5o. 1884, 1854, 1885, 100
Iol, iea, 1863. ITO, i7a la. ITS, $50, isa.
LATE FROM FORT Az PRINCE The bark Dun
lap, Captain Thomas. has arrived at this pert
from Port Prince. By her have an extra Of lie Ma
nle,to dated the 27th ut
The President Of Hayu Jean Bsptiste Richie diel AZ
Port au Prince the morning Of the Nth u lie arrived
there the morning OF the 23d from his tour through
the North. he suffered much from illness during his
journey but attended to afas till the last He wslkcd