New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-09-21
SUPREME coURr-spEer.L Term

TO the absence Of witnesses.
SUPREME CoURT-spEer.L Term
Union Building Association ThOmss oBrisu ana wife
Mr. OBren became member OF the Association and
agreed to pay in certain dues etc. and to secure Their pay
ment, executed mortgage on house ed lot IN
Sixteenth Ward Not paying the amount alleged 10 be
due the society suit brought to oreclose the mort
gage II WAS resisted and referred and the referee repOp
ed in favor of the Association The comes up oh
jecons the report a the referee and to set 1t ASIDE an
on executions taken at the admission OF certain teste
money 1t is also alleged that the TRANSACTION was uSu''a'
and void Argument was heard.
Reynolds against FLAG Controller
The trial on the application for mandamu re ates TO
the refusal Of the Controller pay ordered on the
for removal of oal was set down for Monday
but postponed
Mlhsu and others SHARP and others
Application made to Judge Mitchell, on Monday
for trial Of the in this Court against the ganie. of
the Broadway Railroad Judge VI. declined 20 try him
self but said he would solicit the service Of Judge from
another district to try it-and the case wos set down Tor
'"O''D"' Case Of Mr.. Van Hovenbursh.
An order was made yesterday. motion, that Mr. MAJ
Tin Van Hovenburgh show cause al next General Term IN
October why his name, as attorney and counsel should
not be struck from the rolls Of the Court
COURT OF OYER AND TERMNER.
sreca term had been down for Monday, being the
first session since the commencement of the new CT arer
1t opened by the Judge without the Aldermen he
De Corn The District Attorney stated to the Court that
there has been omission to summon grand and a
that fourteen n0uce are necessary
trials consequently will have TO 90 OF tor the present
He stated the Judge that there are four indictments
against parties ready for trial. and probably there will be
seven The Judge Edmonds remarked that owing the
engagements If the Court term cannot be held in Octo
her that the trials must be postponed TIL the regular
term in November The District Attorney said that drec
tons have been given Jurors for the regular
term but extra Jurors will probably be required but
100 additional will be sufficient for the first day The spc
cial term then adjourned
CIRCUIT CoURT-Beefore JUDGE MoRsIs.
John Eiy agt Spoaord. Tleson & Co.
To recover per in pursuance of written agree
ment on amount refunded TO S T. g. Co.. by the United
States Government for duties said tohave been Improperly
charged on mportaons of sugar and mclasses allow
snce having been made estimating the duties, for
leakage and drainage the voyage. The case already
referred TO- concluded yesterday la defense 1t was
said the agreement stated that not 10 interfere with
nny previous agreement 10 other parties that Messrs
Douelas & Ogden had already entered into an agree
meut with SpOfford. Tieston a. Co, and others to
deavor TO procure return of duties to hold them az Mr.
Ely was to- harmless to expense in efforts to effect the
measure but in the of success 10 be paid onethrd
of the refunded by the Government IL Is con
tended that Messrs. ID. & II. procured the decision by
which the duties refunded and received from Spot
ford Tleston & Co. 60 OO0 being third Of $4,000,
which S T. & Co received back from the Government.
1t appeared that in April lsi9 Mr. Ely caused suit to
be brought in behalf OF house at Baltimore u test me
question which decided in favor Of return Of the
overpad duties and the appealed by the SecH
tary Of the Treasury 10 the Supreme Court OF the United
SiGes. In October of that year, Mossrs Douglas and
Ogden caused suit to be brought in the y Court Of
this District on behalf Of Mr. Souihmayd which was sue
oessiul and also appealed 10 Supreme Court there
being $50 ahead of IT, which would occupy IN tler
regular course the Supreme Court about two years and
hafto hear the Court dpOsing an average OF about
100 a year, application was made by Messrs Doug
las and Ogden TO the Chief Justice ION the ground that
important question to merchant To have the case
placed the early part of the calendar which was assent
ed to- and so placed Mr.. Ely then made application I'm
both instances through COUNSEL to have the Baltimore
case placed in the position and that they De argued
on the same day. This also granted, and MI Ely
case having precedence TO date was placed hr Inc
surreme Court decided that the duties had been improp
erly levied and must be refunded-as no more duties
should have been charged than goods actually brought
TO the United States. ~,
II /. coptended in the present suit. behalf Of Mr. Ely
TINT was his exertOns which caused the decision WINE
for defense il conended have been procured by the
measures taken by d. and o. especially as the Secretary
Of the Treasury not convinced by the opinion ana de
cision the Supreme Court in this case but was in that
of Mr. Soutimayd
Judge Morris in his charge said that it Was question
for the consideration Of the Jury whether the result had
been obtained by the pursued by Mr. Ely or
II was he entitled his agreement with
Spoford Tleson Co. but only that part of the re
turn duties which really belonged to ), L q TO Sad to
be $4,000 and not that for which they were but con
gnees consgnee or agent has no right excep. rom
especial authority 10 make such an agreement on oeha
Of his PRINCIPAL the opinion Of the Secretary OF the
Treasury an executive officer is bound by the decision OF
the Courts and if the decision that duties only should
have been charged the quantity actually arriving IN
the United States obtained by the measures taken by
Mr. E. he is entitled 10 recover otherwise not The jury
found verdict in favor of plaintiff $3.50 25 being
$4,000 and interest. .
large number Of merchants similar 10 that with Sponord
Tleston & Co, and received, understand Tor their
share Of the return duties, about $4,000 Mr. Ely also
made an agreement with number Of other merchants
similar TO the which he now claims
We understand that the extra duty on the sugar and mo
asses had been charged by the importers in the Increased
price OF which they sold after arrival so that IN The return
they got double pay