The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-03-17
Cour, or Common fIeas


Others Is. Thomas Termiiyo This was m action on
bill Of exchange, brought by plaintiffs who trade -
London against the defendant resident Of this Stste
to the amount Of Ell a. toSether with
mt ss III. asa isai and sscsps By the d
fendant, at three months and payable In London He
wss then rssidfng st No. Park gate. Regents Park
The Aefendap admits the acceptance but says the
bill wss drawn for the pre- existing debt OF his niece
Mrs. Christopher who was then In London. making
tour through Epg)spd thss he accepted ths bill With
ont asy csnsdsrssion, and merely for the sccommods-
tion Of the plsint6s and Mrc Christopher (hs niece
Who was pressed FOR during the tenn porsry 40
that Of action did not accrue within six years
sad defendant does not admit that plaintiffs are the
Mr. Spring, Jr., on behalf Of plaintiffs, contends
thas the bill not drawn and acespted without con-
n pSr ou the
Statsof New York and aid return for three years
and that the action was commenced within six years
corsmssiop issued to witnesses in Lopdon to prove
psrtnershp delivery Of goods scssptaDce &C., was put
Mr. @. W. Sanford moved for . nonsuit, on the
grounds tSst the presumption 10 tho bin Of exchange
was accepted for the accommodation Of the drawer;
endorsed to Msssrs. Evans, Brothers. London.
Motion d.ni.d After hearing further evidence, and
The Judge, in charging the jury, said that it vA'
competent fer defendant aoceptor OF bill to prove,
without any consideration and that be proved, It
establishes Science But the burthen of proving this
state Of things rests 1pon the defendant The drawing
and acceptancs In this Is admitted and this
tAblishes the Plaintiffs in the first instance, snd
the acceptance Of bill imports value received BY the
acoeptor The asoeptor stands in relation to the drawer
in the same position the maker Of . note to the
psyee IL is as the acceptor said promise to pay to
plaintiffs ordern and the face Of the bill does not
therefore, import that II given for the mods
ton Of the drawers, The jury had therefore, 20 la
quire whether the defendant had satisfactorily proved
(by relating the nsrencc to be drawn from the import
of this billy that accepted without consideration
Was the bill drawn for the PLAINTIFF.
ths ding that defend not to it,
according to its tenor? IL will be hardly cootended
that there proof that the character Of the trans
tion that plaintiffs should themselves provide for
the biz. Then was there consideration for the
ceptanoe? IL the bill given either for goods sold
to himself delivered 10 his neoe, by his directions
and defendant accepted the bill in payment OF those
goods Ne is bound by his acceptaucethere Is consid
tion enough mere agreement, whether In the form
Of acceptance or other FORM to pay snothers debt
without any consideration, is not binding. But q
giving Of time, OF forbearance to sue the husband Of
Mrs christopher Tor third party who Is nsbe) until
the maturity Of the BILL Is sufficient consideration
for acceptance given upon agreement to that ef
feet. no inducement was received by the acceptor
and copcessiop made by the drawers as con-
sideratop hr the acceptance the plaintiffs could not
recover bat by the words Of The bill value received"
the defendant admits that he received seme consdera
tion. Again. when q voluntarily gives his note
acceptance for bill against third person. the pre-
svep .DS in payment 4 discharged saes third
persoD and the for such note or accept
ance h sufsci,nt As to the title, under our present
law, suit must be In tbs name OF the owner Of the
bill There Is proof If any endorsement Of this bill
by the drawers Possession Is prima acis evidence Of
ownership, and the testimony Of the witnesses
evidence confederation, and In the sb.encs of any
proof Of there to be question Of
title. Verdict for the plaintiffs, 81, ,s73
MARcH16,-Jsdah Misdlema AZ 10 Patrick Clarke This
was an action for assault brought BY plaintiff against
the defendant. who Ia q licensed car owner 1t was
deposed on part Of the plaintiff Sy witns,ss' % es-
dlensn made an agreement with defendants car
man. some furniture from his house for the
rum Of one dollar per load when the cart was loaded
Clarke. the defendant, came and demanded ",
which plsiptif refused ~ he had already made On
sereemsnt for 81 Mr. Mddlensn told Clark II he did
not choose to take It, he ,houd remove the things
the cart and thsrsupop he air put his hand upon
one Of hss trunks, upon wnsh Clarke Drew back, ana
stick give the plaintiff blow the temple which
fslled HIN TO the ground he had wound his hcso
witness and another man carried him home and he
put 70 he'd he unable to walk by himself; aud
his bed for six weeks from the result Of this
The defence Was that plaintiff was not sober at the
time and that alteration took place between the
psr.i::s when psint,a ssissa cart ruSs, and that
scrubbipg brush. The Judge, In charging the jury,
raid lit vss for them to ascertsiD, from the very
contradictory testimony what the facts Of the case
" the plaintiff made the fret assault the defendant
he was justified In defending himself but he not
he has ursd force than was necesssry for his own
prsservaon, he 10 liable fer this action. On the other
hard y he made ibe nrst s.'suit be Is .so liable
either Of them In resorting TO volencs. subsequent
attack made by the wife Of the plaintiff on the dsen
sault which had been already committed. IL vss
tr,ly question for thejury Verdict for plaintiff, SIS
IN CHAMBERS.
March l5-.Jahn Fi,mGa Wife and John Edrards
til to compel his wife and the other defendants her
father and mother to produce his two children boy
and girl Mr. and Mrs Firmsn arrived In this country
last summer In the thip 0srmsnia aud shortly after
wards Fman left her husband and went to reside
The Judge in giving bis decision on the case said
that the relator and his wife living separate and
spat from ssch other In consequence Of some dispute
which has taken place. She has the children sought
to be obtained under this writ in her possession one OF
whom 10 three years and the other one year of age
The PERSONAL alterations between the relator the
one side and his wife and her family the other have
led 70 mutual which have been brought
up On the prssent occasion hs .nsr mas nsnt no
chdren but courts In their sction on suoh Gases,
governed D great degree BY what viii be for the
hsppins,s welfare OF the children themselves The
eye of these children Is such as TO render highly
cesssry that they should have mothers care; and to
would be In nv Judgment luxurious to the child and
perhaps fatal to Its existence, and more espec isly 40
fron the situation of the relator, In this ooun.
try he having female relatives to whom the OF
such children could be condded. Adopting the CON-
elusion that there IL nothing shown the part Of the
wife Of upntDes TO condsct or charscter for the
care o these children and believing that their welfare
will be promoted for the present. By leaving them under
. mothers care, am Of opinion that the discretion
op will be best exerced By leaving them for the pre-
cent In her charge The father should be allowed TO
the m ~ rthsonabie times, ana feme1y
may be hereafter directed. In concluding these re-
msrhs, cannot avoid suggesting to the parties the
propristy q settling the family difficulties betveen
hem, which APPEAR to have arisen nom trinss and
which . due regard 10 their own interests, and the
welfare Of their children, render highly Necessary
and especially does u concern the mother Of these
children she seeks the society Of her children for
length Of time, TO remember that the reasons which
dictate the present decision viii not always exist
Mr. and Mrs Firmsn are both young, and their pre-
sepce together with their cbidrdn, created ints
resting and affecting scene. II IL to be hoped that
where criminsiity either eide IL alleged the un
happy differences arising perhaps. from temper" I"
viii through the interference Of friends, be amicsbly
adjusted.
THs CHorrEs rHs Sovrs.-The Matches (Miss }
Free Trcdsr cf the 27th ut the entire de
population Of the thriving village Of Trinity in Lousi-
the junction of the rivers Tensas, Black and
Oucbits thirty miles sistaBt from Matches That az
full scourge the Asatic cholera descended upon the
population vth . fatality amost unheard Of Ten or
velve physicians resident there called In from the
adjacent country we're scarcely able TO save patient
Who had been tshep sick Flight the only safety
fer the veil, and death only rssned In Trinity: NJ.
ssycer, formerly fesident Of Watcher kepts board
ips bopse there ~ih rs or so bosrde all OF whom Who