The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-03-23

The jury rendered verdict III accordance with the
foregoing facts.
LAW Intelligence.
Crpcurr CouRr March Goth Before JUDGE Ed
wards Cs,lf.irs Ds Risr This action Of tro-
YER (Ehis tried hofore) to the
twelve pa of boots left ut the defendants hotel at
by plaintiff contrary TO the orders Of tie tefcpdants
serysnts that tnoy were atterwardS sent to the Quar-
tsrnoster's ofco end that if plaintiff had sppsa TO
di)t Tomorrow (this Iuocniag)
CIRCUIT CoUKr, March II Before Judge Edvard5 -
Franots @. TreadceH Russell Stebbins This was
action for money had ant received TIE facts
fcllow:-ln 1888 the plaintiff carried the baking
business in Brooklyn the defendant with Mr. Good.
win proposed him At that time take into partner
ship AR. Taylor and offered to advance OF $50
Taylos portion of the partnership fluid the business
to be still carried IL the name Of Mr. Treadwel the
MIR Tresdwe should make 8 notc for $4,000, to be
dorsed by Stebbns and Goodwin, which be dis
counted by the Dry Dock Bank Brooklyn tis arrange
ment carried into seo ard plaintiff received the
money and the partnership went into operation An
other note for $4,000 was subsequently, made by plaintiff
and endorsed by Stebbins aud Goo jwin aud cash OBJ
tanned for it by plsntG from Mr.. Peck; the executor
of Peck afterwards sued r stebbns on this note aud
recovered 8 judgment, which the latter paid The
plaintiff alleges that the first note which discounted
by the Dry Dock ank several times renewed aud
mat IN sns 81 nt,e ne the
notes. amounting In gross 10 $500, TO Mr.. Stebbins
which were paid ut aturity that the sum Of $500 paid
the original note, together with the two business
notes for $780, equivalent to the excess and
above the $4,000, which TO be advanced by Taylor
coming into the partnership that the rst note hay
ing remained unpaid In the Dry Dock B INK. that in.
stitution brought suit and finally recovered judgment
against him maker of the note. which he had to
psy aud to recover the amount paid BY him that
judgment the present suit Is brought The pisin.if
non snited, On the ground that it not proved
against the plaintiff was the note for $4,000, inside by
plaintiff and endorsed ~ SebSns and Goodwin, it
pearbg that tae note apon which the Judgment against
plaintiR was recovered was for$l500.
Eupur al Farm Ref nd
Huri ut Divoses :. sI5vsn.ia Z. r.snr-'
W Palmer Decree for divorces a piaculo Itrimo-
nj on the ground Of adultery
SUPERIOR CoURT.--In Banco.-DEcIsIoNs Guernsey
rs. sylOsster. Appeal dismissed, and order at Cham
bers con med
smuh, hf in Error, ps. London, Defendant in
ErrorSct or allowed to all the moneys but the At
toraey's taxed costs. Motion denied without costs to
Marfeid rs. Dopglass.-Judgment for plaintiff j.;
amount C. b. adjusted.
same Us Goodha..- Judgment for defendant.
CoWpcrthwaite cs. Sh' Gisld-J sdgment for plaintiff
amount to be adjusted.
SUPERIOR CoURr--IN BASco, March al Eroeh W
Cla'k aud Co, Us. tn. Mrchdnts' Bunk This cause
tried the och Of February last before Chief JUS
toe Oakley and jury facts Of the shortly
hese The plai0ifs exchange brokers in Philadel
phia In lS45 they kept with John swi h
large amount Of bills checks &c. for collection Amongst
tne-e draft Carpenter Vermilyca for $1,000;
the craft presented to tn latter rm the 14th OF
Mag, for which they gave check the Pheoix Bank
for $1,000 i. Smith 4 Co sent the chick on tia
their account. The Merchants Bank ssnt It to the
Pbe nix Bank and got certified and then placed it to
tho credit of J I Smith & Co On the 10Th OF May.
John Smith Co failed largely indebted to both the
plaintiffs and deendants the former traced the check
to tho Merchants Bank aud brought their action
against the President sc for money had and received
which tried second time above stated, and
verdict obtained for the Plaintiff The defends It's
move for nonsuit or TO have the vert,t reversed On
the following eroun5s that the draft on Carpen
ter and Vsra'ilyea YVES sent TO L Smith Co for
general purposes to be paced to the credit of the plain
tits account with L Smith & Co., n the usual course
of busiuess and the latter receiving It, became the
debtors of the plaintiffs for the amount and were Of
courre authorised to apply the proceeds 5 they p-ased
Secondly, the check OF Carpenter Vermyea received
by 7. Smith & Co the latter entitled to pay,
and apply it as they pleased and having paid
PENDANTS cash, and mingled with their own funds
became thsir property aud plaintiffs cannot now have
any cls% asass them TOR IT. Thrd after fd 81
making together Sl200 they returned on the 10Th,
May, lSl5, ohsck for $25 900 to w Smith, (Which
endorsed by HIM the faith of the two checks
above mentioned, that having surrendered that check
the faith Of the two checks for aud So OOO they
are bona d, holders for valuable Consideration ana
ourthy that they had notice of claim Cd the part
OF the plaintiffs to said cheek for 81 900 until aftsr the
18th Of May ls45; therefore, their rights cannot bs At
rcted by notice after that day For the plaintiffs e was
replied that the draft and check their property IN
the hands of T. smith Co as their assntsapd could
be appropriated by the latter to their purposes
Secondly that principal may follow his property when
entrusted to an agent rs long as can BE- distinguishes
and transferred to assignee who sells or collects IT,
Smith Co instead of applying 1t TO plaintiffs use as
they bound TO do their agents handed 1t over
the day of their failure, defendants who paid no.
thing for it that day, r.iinquhed suy security
aud onth that they not holders for vsuab con
sderatioD, within the decision In McDonads case re-
ported Ia 9th Hill, 90.
DIsrRIcr CouRr, March 22-Before Judge Bets
The United States rs. Lemu,t McNuM-rhis was an ac
ton to recover penalty of $500 under the act OF
9Th March, 1893 for uH1awfully smuggling certain mer-
chsndzo to wit three shswls and three scar contrary
TO the provisions OF the act The jury found verdict
Tor the defendant.
COMMON PLgAs.-In Banco-D EcuroSs-March 10
August Gohschiid ct. a. ads. Johanna Gli.r.-Juds-
ment of suit granted with liberty plaintiff to slip
ulatt to try at next term without costs.
Resley Us. Siepem-Planti6's proceedings set
aside, aud the bail bonds set aside without cests
My:rs Us: Jonas ShertF.-Nsw trial ordered with
Moore Us CAPITALIZATION granted to stay proceed
ings without ooets.
Thomas ads. Mabee-Judgmsnt for defendant de-
murrer with leave to plaintiff to amend on payment OF
ccss
Miller Us. Gonchiids,- Motion to substitute Van Ho
the lsttsr's costs.
Burton e. a. ads. tn, P,ople--Motion to set aside
judgment granted as to Barton without costs.
Gr,tnrs Rebtn.-Non suit confirmed with costs
CoMMsS PLEAs.-March 2Oth - Before Judge Ui.hoef
fr.-.Lhn Bogart, Us Jams L, psriek and Timothy
Iroobridge-rhic was an action Of tower, brought
by plaintiff to recover from defendants $3.50 the value
Of quantity Of hams and shoulders. Tho defence Is,
that plaintiff bought 1t from defendants agent, and
paid for it Adjourned
COMMON PLEAS, March ol--Before Judge DAILY. y.
Robert Saunders George Whife 4 Sons -This
action was brought to Si29t a. The plaintiffs
reside in North Carolina and in February sac, shipped
10 this city two csgoos Of consisting OF 500
bushels Of yellow the other of 400 bushels OF white and
consigned both cargoes to Blow Msrsh OF this city,
commission merchants On tn, l tn of February they
received notice of the consignments, and that they
might sell to arrive, wait until the arrival OF the
sgoe and then sell according their best judgment
On the l2h they communicated their instructions to
Mr.. Barrett, another commission merchant, and in
structed him to procure customer Mr. Barrett, &C
cordingiy negotiated sale with the defendants, at
bushc to arrive the operation reported to Marsh
Blow the latter drew up note OF the SALE and sent
Il to White Sous which the latter retained they also
advised the plsints by letter, the day of the