The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-20

tanned from him by msreprese nations made by the
maker of the note The defendants received the nste
before maturity and gave their debtor credit for the
amount of it, by endorsing the same as payne mt on
draft of his then past due Held that were
not bona de holders of the note for available consider
alton having merely exchanged credits, and not part
ed with value and therefore the decree of the Vice
Chancellor dsmissing plaintiffs bill wherein he seeks
to have the note given up to be cancelled is reversed
SPECIAL TERM-Before Judge Edmonds- MURRAY Us.
.4Hen.- The general rule is that bill of discovery
merely defendant putting in his answer is entitled
to his costs. In this there two why
it falls within the general rulehe defendant has not
made the discovery sought tor the contrary he has
denied the material matters charged; and secondly he
did not refuse the discovery when applied to for it, be-
fore the suit brought he consented to give with
all due diligence when plaintiff filed his bill Order to
pay defendants costs, granted.
Galfeld Us. Moore.-Motion for receiver granted
Dean as. Garry and WVe.-Plantif s motion denied
if he has any claim it is against the PREMISES he has
suffered the surplus to be taken out by other parties
Niles Us Nies.-Decree for u divorce denied.
SUPERIOR CoURr.-( Before Judge SANFORD -.qbra-
ham Bell g. Co. Us. Wm f. Leggeu and other Er'ors-
This action to the amount of two
promssory notes, for S579 81 and the other for
1886 Al. The defence set up want Of considera-
ton. 1t appeared that in 1S43 a son-in-law of the
late Mr. Samuel eggett applied to the United States
District Court by petition to be discharged from his
debts under the bankrupt act he opposed by the
plaintiffs, and his discharge refused the notes in
suit given by Mr. Leggett in 1S45 and in 1s47 his
son-inlaw received his discharge. The defe ndants'
counsel insisted that the notes given in consider
alton Of plaintiffs withdrawing their opposition which
was against good morals and the policy of the law.
The Court charged the jury that If they believed the
notes given consideration for the withdrawal
of opposition to the discharge in bankruptcy they
ought to find for defenuants not they ought to find
for the plaintiffs Sealed verdict to- this morn
ing.
Burkhead T. Co Us. Broucm and others.-This was an
action letter Of credit for $4,000. verdict
taken by consent for the whole amount subject ad
justment, and to the opinion of the Court in Banco
on case to be made with liberty for either party to
turn it into bill of exceptions.
Rankin d Birch Us. Haggertu and OtherS.-This
action of replevn the plaintiffs sold to the firm of
Peck Co.. lot Of dry goods in September last; in
few days after, Peck Co. made assignment of all
their property to defendants for the benefit of few
favored creditors as the plaintiffs aege; upon which
of the possession of the defendants. The suit is
brought to try the rights of the parties Adjourned till
tomorrow ths) morning.
CIRCUIT CoURT.-Before Judge Edwards.-Wm b.
.dsor ps. james L .4,n0reaur-This was action for
rent of premises in Ludlow street The premises
leased by Henry Aston to one Crolius; the latter
signed his interest to defendant under which he be-
came bound for payment of rent and taxes. The de-
fence set up that the defendant merely acted for
his brother, and had beneficial interest in the mat
ter; that therefore he was not legally bound. The
jury found verdict for the plaintiff for $685. subject
to the opinion of the court on case to be made.
Geo. b. Moorewood f. Co, Us. Lepis Batelle & Co.
the contract price of three thousand gallons Of OIL and
the price for which it sold The oil purchased in
England and after it arrived here the defendants re-
fused to receive it, and it sold for about $500 less
than the contract price, for which this action is
brought. Adjourned.
UNITED STATES CIRCUIT CouRr-June 19-Before
Judges Nelson and Betts-Henshaw Us. the Mutual
Safety Insurance Company-The Court was occupied
IN an argument Tor a new trial IN this cause.
GENERAL SESSIONS, June 19-Befors the Recorder AL
dermen Carney and Hatfed--John McKeon District
Attorney.-Peth Larceny--Sarah Ann Benson, indict-
cd for stealing black veil and three
ued at 81, the property of Julia Hson, Of No Elm
street. on the 30th April last put upon trial. Mar
garet Wilson testified that the articles found in
nrc nAr'a Jafnv,o vtNF
prisoner that she got the articles from person
named Smith already tried for the offence The
jury acquitted the prisoner.
Trial for Observation-Disclosures Goodwin
put upon trial charged with embezzl ng monies at
rious times from John B. Ray, manufacturer of
dals and syrups in whose employ ment he had acted in
the capacity of agent for the sale of the same
JOHN B. RAY, examined by Mr.. PHILLIPS testified
that ne isa manufacturer Of syrups and cordias,
siding at Nos 81 and 33 Burng Slip that he employ
ed the prisoner agent for the sale Of the cordias
and that he was in said employment from October.
1S45 to July 1886 and received $25 per month for his
services. An arrangement was made between the
prisoner and witness, which made it imperative on
prisoner to hand all monies received business
each night and also to deliver such quantities of the
cordias remained unsod and to post up his ac-
counts nightly. Knows of his own knowledge that
prisoner collected money which he did not account
for from several of witnesses customers-from persons
named O'Brien, Lewis Ackland, Wane. Porter and
others, he collected sums varying in amount from
Lewis So and others SIS, and in the examina-
ton by the counsel 1t appeared that prisoner to
get commission Of per cent after the first of Jan.
uary all the money returned and that said arrange
ment was to last long prisoner remained in wit
ness's employment. This was agreed to as new
years present which prisoner did not ask for himself
but was rendered by the witness The written agree
ment between the parties making it obligatory on pr
to pay in the monies received nightly, and that
all goods should be returned every week-such
not sold.
RICHARD LEWIS testified that he paid prisoner about
$40 on account for Mr.. Ray, June 3. 1916. The
bill here produced and showed that prisoner signed
the same, and marked it = Received amount for MIR.
Ray1
JoHN AcKLANp produced and sworn He test
fed he paid S15 Sth July 1916, to prisoner,
count, for Mr. Ray, and produced receipt for the
same He also produced another receipt for the Of
Sl5 paid on the 23d of February. 1916.
RoBERr PORTER testified that he paid some $50 to
prisoner, ON behalf of Mr.. Ray prisoner gave him an
order from Ray for So in groceries, which he delivered
to prsoneB paid two orders to the amount of S2 has
not the orders now in his possession; believes they
were destroyed among his papers.
THOMAS II. OBRIEN testifed-Hc Is grocer, and paid
prisoner SO in cash for MIR. Ray account has not
witnesses clerk
Mr. RAY was recalled and testified that the sums of
money referred to by each Of the last witnesses
not paid him by prisoner He received the Sd June
1896 S23 SO from prisoner.
ATTAIN G. PRATT, who had been employed as book
Keeper by Ray was rendered on part OF the prosecu-
ton, to prove. by account book that prisoner had
ceved moneys from several and did not pay up to
Ray
Defendants counsel objected to the testimony which
was ruled out by the Court
The attorney opened for the defence and said that
the prosecution SGT foot with view to quash
other law proceedings at present pending between the
parties there being civil suits. and cross civil suits
between Ray and his client Goodwin, who sues for
wages &C. and that the object of the prosecutor here
originally to procure the services of the prisoner
to extend his trade In the city. The Court here adj
journed to IL O'Clock this forenoon when the defence
will be proceeded with
CouRT CALESpAR-This Day.-Circuit Court-71.
402 26, o. 25 2s, 80, 40 Al, ~ 81 46 60 4, s. 81
80 400 IL. superior Court27, ~ "a az, as 90 $50,
5l 9S l0i no. 49, $780, 90 100 Ia 175, III 49, $50,
Isl, 1873 1st. 1S6, 1877. O. lO6 ILL., 172 ST. no. rs
1l6 Ill, 49, 1885, H. 1874 So OIL 49, S. 1875 g. 49, 49,
A, 167, 80. Common Pieas--335, H. 10 to 10, 81.