The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-01-05
Inv Intelligence.

SUPREME CouRT The UsIrsD SrArrs-Janusry
samit.d IN ms o sq Q. oshsan was
No. g. Martin Luther, plaintiff In error, ~. Luther
Borden ct al! In error to the circuit court OF the
United States for Rhode Island. Mr. Chief Justice
Tsn.y delivered the opinion this armi ng the
judgment Of the circuit court in this cause with costs
Borden ct al. On certificate Of division In opinion
between the judges of the circuit court Of the United
States for Rh ode Island Mr. Chief Justice fancy do.
Iivered the opinion Of this court, dsmssing and
manding this caxse, no point having been certified
within the meaning Of the act Of Congress.
BUyISe AND SELLING PRoDucK An important de.
csion has lately been given In the Cousty
Court, Md relative to buying and selling produce
which Will probably put speculstors the look out.
The suit was HORNE Vs. Long for breach Of contract
in refusing to deliver . quantity Of corn and -four.
The defendants plsa was that he had been imposed
gard TO the prices. The following decision was given
In favor Of the defendant First The purchaser may
be In possession Of the news Of rise in prices the
seller may be ignorant thereof yet any contract en-.
tered into between them, without misrs prese nt alton
being made to the seller by the purchaser, 10 valid
seller asks questions the buyer IL not bou nd to i'm
part to him his superior informaton the contract
thu. made !, between =, them good one second: nth:
with reference thereto by the seller he Is not privi
legged to deny his possession thereof misre
the esme and to do so with view to draw tae other
into contract adverse to his interests, is fraud,
which will vitate the contract and render IL Of nom
effect for the Law defines fraud being concsalmsnt
misrepresentation OF q ma,srisl fact, by which .
party 10 luled into false confidence, or induced to
forsgo inquiry peceeeary to tho protection OF his In
terests From this ~ 10 not however, TO be inferred
that the purchaser when Questioned, IL bound to
communicate his information tt the seller He IL only
required not to conceal the Of his being pessd
and not to mrepresent BE- guilty Of faashood With
references TO the Information in his possession With
this information We think readers will hereafter
know the ground upon which they stand whom enter.
Ing Into contracts Of this character.
An important insurance case has lately bsen decided
In the Supreme Court Of Louisiana in r.ston to in
sursnce given BY the Nashville Marine and Fire usur-
ance Lie and Trust Company, upon the schooner
Planet at and from New Orleans to the Havana and
back sgain The amount OF the policy 81 ZOO for
the recovery Of which the action has been CONNIE need
The vesse having been Lost after her safe arrival in the
port OF Havana 10 COMMANDED BY the that
they not liable to loss inasmueh while In that
port the vessel was not covered BY the Insurance.
cordns 70 the terms Of the policy Judgment had
for the plaintiff nom which the defe ndants appealed
Tie Chief Justice stated In delivering his decision
thst on ipeuraBce ct and from New Orlsans 10
Hsvsna the word (thsnce) Is not term exclusive or
Of Imitation Of risks but descriptive OF the Of
The voysxs And although the wetd (at) IL used In.
slude the ipsurauce In pert 1T the smsnt Of
Ire voyage yet It Is not usual TO nser, 1t in relation to
intermediate Ports Of the same voyage and the risks
while there. -BatmOys .9meriesw.
The Criminal court Of Boston 10 still engaged In the
trial Of Warrington Gsods for the murder Of Thomas
Harding.