The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-06


burg. on Tuesday evening last. M Lowrey, Esq, OF
Crawford county suggested the proproy OF astructinc
Senators and qusstins our Representatives IN Con-
gress procure passage Of isw granting 80
of land to zach of the crowned heads OF Europs tas
they mgat emigrse to the distant west OF our oounr
settle down In quiet become useful snc respected ct
and under the pooection of the stars ana stripes,
receive such prastos lessons IN the science OF seieo
vernme mt as would undse.ve them all their lives to
the efficacy of royalty. Not bad idea -Pht1ad New''
5th insi.
A salute of one hundred guns hrsd on Jefferson
Plain In this city commencing at noon on wednesday
the 29h by direction Of the democrats OF Providenos
in Of the recent glorioes v,ndcaton OF
popular sovereignty and equal rights by the democracy
of France - Providence Republican.
Law Intelligence.
CeuRr OF APPEALS, April April term, is4s-nPre-
sent Freeborn s. Jewstt, Chief Judge; Green Bron
SON Charles II Ruggles, Samuel Jones William b
Wright, Charles Gray, Thomas A. johnson, Judges.
The Court organised In the chamber OF the Board OF
Alderman and proceeded to hear motioos; after which
cause No s, Edmund Sherman plaintiff in error vs
inc &c Of .ne o 7, Nsw Tss
Court adjourned ut O'CLOCK. There are ffty eight
causes on tho calendar,
CouRr or ArsEALs-Aprii 5-Pressnt, Frceborn G.!
this mornipg nft-r which, No was taken up, and the
argument concluded Judgment reserved, The cause
of Mathew Barron, plaintiff In tbs People, Was
next called and argued. Judgment reserved
sUYRrME Cousr.--Prsscns, Justices Hurlbut, Ed.
monds. aud Willard After the Court organised, Judge
Edmonds announced that they had appointed Gerardus
Clark, l.. B. sheppard and E l.. Faucher Esqrs to
examine the persons to be admitted to practice
in the Supreme Court Chamber at O'Clock in the after
noon Of Thursday next. Judge Huribut then an
nounced that Justice had not arrived and the
Court Md be adjourned until to-morr wv this morn
ing Adjourned accordingly. There are o26 causes ON
the calendar.
supREME CouRr, April s-speoial Term--Before Judge
Edwards John Laurence Us the Mayor and Common
Cots1e-The corporation r1sde ordinance last sum
e Sn srs IN Tu Of ssc ho~,e ana
that the curb stones should be removed 10 feet beyond
the present limo. The plaintiff owning property in 4h
street. fled his bill for injunction TO restrain all
ties ing under the ordinance, which was granted
Tbs defendants moved the coming of their answer
e dissolve It. Tho Court refused the motion and Or
dsred the injunction to continue.
SUPREME CoURr, April 8 General rerm-Present,
Justices Hurlbut, Edmonds and MsCoun After the
Judges had taken their oeas, Mr. Justice Huribu an
nounced that Justice Maynard who to preside du-
ring tn, present term confined to his house by fe
bat hoped however that another Judge would take
his place 1t was he said believed that Mr. Justice VII
lard was in town and would preside to morrow. They
this mornine), but II Justice willard did not preside
then. he would have to adjourn until next Monday
The Court was then adjourned.
SUPREME CouRr--Adjourned again to tomorrow (this
morning)
SUPERIOR CoURr, April 4--Before Judge Sandford-
William T Carroll, % Francis III Upton This an
action on bill of exchange for $3.50 The defendant
drew the bill in suit, house in New Orleans FOR
whom he was prosecuting cause 10 the Supreme Court
Of tho United States ad passed to the plaintiff who
clerk Of the for which accrued In tho cause
The bill presented at New Orleans and dishonorcd
and the PLAINTIFF now seeks to the drawer
The defence set up, Of notice OF payment
and protest The jury found verdict for plaintiff for
So
SUPERIOR CouRr-April 5-Bsfors Chief Justics Oak
ley. Robert Euans aud .a0m Grcfps CARLISLE W,ek.
This action to $500, the price of nve
head Of cattle sold to defendant Ii appears that the
plaintiff in March, ls47 sent to nsmsd Ryerson
their factor drove of cattle for SALE Ryerson sold
the cattle derost butchers and amongst the he
sold five head to tho DEFENDANT medistely after he
made bills and handed them to ~ L. Weeks tho de-
cordng to the custom at the Bulls Head, for which
Weeks receive per cent, ne giving his notes
amount in gross OF the bills 70 be collected
Wesks shortly Afterwards failed without having collect
ed the bills except the bill for $500 from his brother,
and handed them Rogerson who gave them to
the plaintiffs taking from the latter Weeks notes
handing them back to him. The plaintiffs now seek to
time of tse failure OF NJ T Weeks he made assign
ment Of his property to his brother for the benefit OF
an intsnt TO Ssfrsud his crsSitors g.n.raly'M
The defendant pleaded payment, and called Nathaniel
T Weeks who proved that defendant his brother. paid
him the $500 day two before failed Tbs Judge,
In charging the jury said the main question in the
TO the degree Of credit they to give the ties
tmony Of N r. Weeks Ifthey believed bis testimony
the action could be maintained and the defendant
would be entitled to their verdict IT, the otherhsnd
they believed that tho failure concerted between
the brother and that defendant paid the three
hundred dollars to his brother, Knowing that it would
not come to the hands or plaintiffs, tnen tho latter
morning.
$Beforo Judge Sanford - Matthew Joyce ct at YIN
TO
parties are in the cetton trade In January ls47 the
pxinns through their broker purchased from che de-
fcndsn 7ss bales Of cotton on the following terms to
wit the cotton to be delivered 80 days to 10 paid
for Ia cash delivery. Interest any part of the pur
chase not paid in ten days sfsr delivery to pay
seven GENTS bale storage and insurance. and deposit
Of S. on esch bale. The PLAINTIFF complied with the
terms Of the contract far paying the deposit The
cotton stored 400 Water and the 23d OF
February the took ac end l64 bales of the cotton
burned-tbe balance, 95 bales, was saved which
tbs plannGs agreed to take and the same
an deli aI yOcOp d nj w aaek
recover back the $500, being the deposit the 1874
bales that burnes, alleging that the contract
only cxscutory iuAsmuch several requisites remained
bs done before it could bs pleted namely, dcv
cry, weighing 10 They also slege that the whole
sold ~ Charleston cotton but that part Of 1t For
d., which last circumstance would Of itself vtiae the
contract
For the defence it contendsd that the deposit
$5 bale made to any fall Of cotton that
might take place in this Market and that fall had ia
ken place before tho fire; 1t also shown that plain
tis had caused the cotton be resampled shortly be-
fore Me fire occurred-hs only question in the
WAS for what purpose the deposit OF IS bale made
which question of law; a verdict therefore
Ken for tbs plaintiffs subject to the opinion OF the court
Ia Banco, on that question.
SUPERIOR Cousr-Befops Judge Oskley-The Court
was opened and jury sworn in, and then adj ourncd
UrirED STATES eIRorrr CouRr, April s. Before Jus
tiees Nelson and Be.ts-The April term Of this court
began to-day After the ecnrt organised, the grand
panel called over and quorum not being in atsn-
dance, the sentsnCn present discharged until TO-
morrow tins norInRl a petit jury was then called
calendar case beiag ready the jury was discharged
Equity motions then proceeded with.
UNITED SrArEs CIRcyrT CoURr, April 4-Before Judge
Nslson-Aftsr the Court organized this morning the
following gentlemen sworn, Of the Graud Jury -
James Pollock, Foreman William Balsgh, James .
Brewster. Henry "a Carpenter, Joh1 DaEragh, Henry
Davis, William Havemeyer, George l. Havemeyer,
Walter III Meade, Charles Parsons Charles Townssnd,
William G. Wooliy, Lsris NJ. DeCsmp, Joseph G. swan,
Joseph Fletcher John Russell G-rr.t Forbes Peter
Csutsnt, Euos Burrows, William Vsrck, Charles II
Redmsn, JAMES Lsckian and James Webster Judgs
Nelson afterwards delivered brief charge and the jury
retired. There only few unDportant cases on the
criminal cseudsr This cause Of James G. Hall and
Others the Mutual Insurance Company Was then
called iss an action a policy Of insurance., to re
cover balance OF $7795 74-i00 The plaintiff. clipped
at Madison indiana 40 barrels OF -four Ia OF the
Ohio river boats be forwarded TO New Oresus and
tnonce to this city few days after ths boat left
Madison, che met with bad weather and to oil had
to put into place Of safety-part OF the cargo