New-York daily tribune., 1854-09-13

Mr.. Morrison handed ss collateral in exchange tue
osg OF gold OF $4,000, which he had directed hi:
managing CLERK 10 put up, as stated, for the Bank o.
Aortb America also 81 900 in current funds; that he
Ar. VI. deposited the checks thus drawn in the name
ofG. Hoy, in the Bank Of North Amerca, bat
they were returned to him next dav a. worthless
I that be vent to tie store Of Mr. Houghton who an
peartd 10 be considerably excited and said he hal
/ lost e. coo out of lis pOcket-he went with Mr. NJ
70 the Eighih-av. Bank the cashier of which afer co
versa:iOn with Mr.. II. gave bs check for $500 and
frssserrcdto him sixty shares Of The capital stock of
the Bank 10 the value Of 80 sC0 and $3.50 was got
heside on check that Mr.. VI. then delivered or re-
turned % Mr.. II. two Of sand checks but ha; there
sfin cas lo him az $50 which Mr. NJ. alleges 20 have
been iDyslidy obtained and that Mr. Hoyt was
fictitious pers0n Mr. NJ. also states that his clerk
instead Of putting up - 200 in gold, he was IL
rected put CD only 50 500 bat that when the misisk
yss mentioned to him Mr.. NJ next day he immeI-
stoly rectifed it, he aske for arrest against Mr.
II. on the amount due as inyalidy obtained, which
granted and the present motion is made to yacate
said order.
On the pant Of Mr. Houghton, il was contended
that the transaction bad been fair and valid that be
is in fact duly authorized by Mr.. G. 4. Hoyt to
draw checks in hs name, and Mr. M. had received
them before and that the principal cause Of the diff
6cuty the fact of there having been but - 200
in gold placed with him as collateral instead OF
e. 500 SC.
Afhdays Of Mr.. Hoyt showing Mr. III. to be his
agent elso his own showing the transaction to have
been in good faith put in. An affidavit OF the
clerk of Mr. Morrison stating that Mr.. VI. directed
him, 10 put up 81 200 in gold, given, and one or
two others. The Court after advisement, denied the
motion to vacate the order, with sl0 costs.
COURT OF COMMON PLEAs-Before Judge wooDRUTE.
SUIT FOR LIBEL AGAINST MERcANILE AGENCY.
john C Taylor, Harrison Hale and Abraham Murdoch agt.
Sheldon p Church 49,
BY merchants doing business az Columbus, Miss,
TO recover damages for alleged libel in Mr. c. causing
to be printed in register purporting to be state
ment Of the standing of merchants al the West, &c.
and distributed it was alleged, to a number of mer-
camille firms who were subscribers of Mr.. Church
the following:
TAYLOR HARRISON HALE. Columbus, Miss: Thi. con.
does TO thrive here NJ Is capable in
;snaic and particular details and superior Office CLERK but
lacks the other and more essential requisites Of good ner
New Yors ant I'd. out unsuitable and lssoeS Odes and
and am told is unpnncipled character
The alleged publication was IN lsis
The case was tried year or two ago before Judge
Woodruff and heavy verdict given in favor of
plaintiffs, judgment having been entered up for
s6.s "a. Ii carried, on appeal by Mr.. Church,
to the Court OF Appeals, which sent 1t back for the
present new trisl
faith, without malice aud with ustifsble euds-thst
he was agent employed by merchants in this City
having business transactions with merchants At the
West who called upon to give them credit, and
il necessary TO know their standiDg-that said
article not generally published, but merely for
the business of his employers As Aforesaid.
The register il seems, was printed by Mr.. Cassidy,
who employed for that purpose. On the last trial.
to do away with the idea of malice, WAS offered to
prove by Mr. Cassidy that he was employed in pri-
vate and confidential manner TO print said register,
and that person received them except the subAcri
bers This the Judge, the trial, refused to admit
and il is on this point the Court OF Appeals
dersaud have sent the back for new trial, con-
sidering that the testimony was proper to have been
given ia relation TO motive and malice. The printed
testimony on last trial is used by consent this the
witnesses being placed on the stand. To be contn-
ued this forenoon.