The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-10-01
Law Intelligence,

LAW Intelligence.
CoMNoN PLrAs Sept 3o.-Presens Judges Usboefr
and Daiy-DEc isIors-Richa'd Haiieran Us C,afns
Brnop-The nep CJde-In this action
brought upon promssory note against the d-fs nj
defendant set up as defence. want Of consideration
that It a mere accommodation note and under
stood at the time of making it. that h- TO b.
called on to pay It The last trial resulted in yer
dict the ndsnt to which the plaintiff took ex
ceptions, and IL was subsequently set aside Tn,
plaintiff then applied 70 Judge at Chambers for an
order add special count to hts pleading to ys
him to prove that consideration given The Judxs
granted the orS+r, from which the plaintiff appealed
The csso was subsequent, argued and the following
CouR1-Thi Ia an appeal from an order at Cham.
bers allowing special count to bs inserted in nar
on q note, trial having besn had and trial
having been ordered In the The object of the
anne pdment lie 10 avoid the consequence Of relying
upon the common counts In an action upon a pro.
mssory note, viz the defendant 10 action upon
the common counts, may prove that he never re
but lent 1t without considerations and the plaintiff
cannot rely the consder alton which he gave the
note before became due TO the party then holding
his merely lending the note proof Of it having been
fraudulenty passed In order to place the plaintiff
cial count on the note is necessary The Judge
at Chambers has allowed this amendment spe-
cial count, to be added tn the mar The defend
ant contends that the order Is not justified by
the equities of tho The opinion of the court,
granting trial. shows that the law prefers the
plaintiffs equities to the d-fepdants; If the plaintiff
paid consideration for the note before It fell due to
the then holder Why then should not the endme mt
be allowed? The defendant ia supposed now to have
tbs advantage, not on whole law and merits of the
case but the fact that the IL the COM
mon counts only. The code does not justify the
his pleading unless the pleading may have isl.d the
adverse party the whole spirit Of sections 145
g. 100, and ISL. which apply to old suits fsvors
such anne Ddme ntr leaving 1t doubtful under
ton 151 whether amendment Is necessary; but II
the order Is not supported In the coda,
1t made according to rules previously existing,
W ell a. az teri a
to costs) upon which the mendment allowed.
There nothing In this case to show that the
ant has been msed TO the plaintiffs of action
or that plaintiffs seek to introduce new cause. 1t
to that the order was proper and should be
affirmed. Order at Chambers affirmed with costs.
AT CHAmBERs.-Before Judge Ingrahsm-En Re
Henry Wrisht.-His honor Judge lpgraham granted a
writ Of habeas corpus on the petition Of the asnt Of
Henry Wright, directed to Mr. Blount his master, to
bring him before the judge, in order to have him dis
charged from his apprenticeship IL appeared In evil
dence that he was put into the Orphan asylum by his
sister, In 1886 and then represented to BIZ only nine
years old, otherwise, he would not be received. In
1889 three years afterwards he was bound sppienoe
to Mr. Blount respectable house and sign painter to
continue with him until be arrived at the age Of
twenty .one years. He bound in accordance with
the atoms made by his sister that s that he
was but nine years of age when he was put into the
asylum and twelve when he bound, and that con-
sequenty he would have nine years to serve The
that he ten years when he left at the asylum
and that he had attained his full age during the cur
rent month. The family Bible, in which the date of
his birth entered, produced to show that he
bern in 1927. Parole evidence was also given in
support of it. ON the part of the Trustees Of the
Orphan Asylum, and the master it was shown that
the regulations of tue house to admit child
the age of nine that the usual formaities
asceita his age were gone through, that he was
preee of that age. that fraud had been
mit the Institstlon and that they the Trusees
if the boy discharged would however innocently
be guilty of perpetratipg fraud Mr.. Bleunt, the
master Under the circumstances, it was commended,
by counsel that his honor ought not to discharge him
particularly he bad but year to serve and there
was n o complaint against the master. Judgme mt re-
served.
SupynoR CouRr, Sept 30-In Banco.- Decisions
Hickman ads Langley ct ais Parties to draw rule:
oosts of appeal to either party Clinton ads Bow
cry Savings Bank-New trial granted; costs 10 abide
| event Monroe VS.. Acknowledgements affirmed with
! 81 costs. Ohren We. Orab.-Judgnent aff rmed En-
bury ct ale. Common ct Judgement for plain
! new trial denied. Cox ads. Nice ullagh.-Motion for
| new trial denied. Sanford vs.. Wiggns-Judgment
pea payment Of costs in 10 days after service OF
notice Of this rule Gwyn ads Murray Report OF
reference set aside and referred back to referee
Terry ct al vs. Byles ct al-Motion for new trial de-
MED Suydam ct ais Clark ct ais Motion tor new
trial denied Clark implicated Montrosser. Motion
for new trial denied Schwick vs. Geo Young--Judg
for plaintiff demurrer with leave to the plain
tiff to plead payment of costs in 10 days after
notice of the rule Warner ads. Howell ct al New
trial granted costs to alb de event Dresser ads Cram
Motion for new trial denied. Reynolds, defendant in
error ads. Baker, painful in error-Defaut of pai n
tiff in error entered and Judgment Of court below
affirmed Struber, appellant, Do ling respond mt.
--Judgme mt in the court below reversed by default
Mccarthy, respondent, Myers, Jr appellant Or
dered that's the justice before whom this cause
tried make return to the court of all the pro-
ceedngs taken before him on said trial, within ID
days after the service of this rule.
The PATRIOT mitchell, AT BKRMUDA.-Lord G.
Bentnck brought up In the English Parliament,
the subject OF improper favor having been shown to
Mitchell Bermuda, which he appeared to have par
italy CLEANED from American newspapers Sir g.
Grey reply stated that he had icea that the in
structions had been dsregarded, which
were TO treat him as other nvGts treated He
| rean LETT
stating the ception Of the prisoner and that in
sequence Of chronic affection of the lungs, and a
ply condition Of body which rendered him very
ntfcie for hard labor he had been transferred "a
the hospital wards, where he would be employed as
waiter
The HEALTH OF NATcHEz.-Much alarm has
existed In our city, (ssys the Free Trader OF the
10th nst for several days past, on account of the
number of persons sick That this lumber Is at this
large it would be folly deny But the disease yield
readily to medical treatment If promptly attended
after the first symptoms are felt. II neglected, as IL
! often the case 1t becomes dangerous What the dis
ease is with which citizens are now suffering, w
cannot learn, but understand 1t somewhat resembles
the dengue 1t is certainly not very fatal, the
ton s report will show Since that was made Wednes
day last, there have been but two deaths
WILLIAM DANDRIpaE EPrEs CoNvIcTED.-W,
| learn that the Jury impanneed to try this ind
vidual charged with the murder Of +. Adophus Muir
brought in verdict Of guilty The Petersburg Intel
hgence, Of Tuesday which was issued before the YER
dict had been render d, states that the prisoner
counsel TOOK n numper OF eXctpuonB TO tne decision
of the Court, and that, therefore, the would b
carried up to the General Court.
SNow.-A gentleman from River Wells, twent.
leagues below Quebec, informs us that since las
Thursday, the second range of mountains on III
North side Of st. Lawrence were quite covered wit
snow-it must lie about a foot deep The habitant
think that such early fall Of snow betokens mil
winter. Montreal Herald.
The CRESCENT FLAG in BosroN-The Turkis
brig Ararat, Captain Metexa, from Constantine
Pile arrived at this port this rning after good
Of about eighty days The Ararat is the first vessel
the Turkish nation that vsi ed this port. Sh
Is ma nned altogether by Turks Her commando,
Captain Metexa, Is fine looking and In his dres
(ack and trousers) and general appearance bears bu
little ba to the bearded and bigoted Turk
century since. Turkey has made great progress i
civilization within tho last dozen years The Arara
is Of $50 tons burtben and is chiefly loaded with
Her hull is very long, and she makes rather show
appearance Boston 7Snreiisr, sept 20.