New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-10-19

II o'clock instead Of TO- be vould have been here
~ explain the absence Of his client.
Mr. Bunt-Isn't he attending prize-fght Of Mag
Mr. Phillips do no. know, Sir, whether he is or
no.. Tie urged tina, Mullgan had only given bonas
for appearance at the aeH regular term OF the .o'
that he could not be REQUIRED to appear at thu -
Mr. Blunt was satisfied, from has short OBJ -
81 this case, that all the movements on lse 4,n The
defendant were made with view 10 pro. yi,he mo-
ceedincs and 10 wear out the patience ,sss,H NJ
read an affidavit of Assistant Distn' &c., sedp
x;ck recapitulatipg the yaroa i $500. So.
~bich nave been made in the aie'1ly 1 49,. .,
Nl;can having once forfeited s@, ana a,, ~, r ~
nunsan ben The La lis beh. lie Mr. Blunt
VI ,ss Coar Of General f,djournnent was made
s.al agreement to try essiohs, "ss VIZ, slr"in,
day, but in The mean ~, ,,ha1t no,ice 10 him. the
ofaei "" ;,J;rtmer rom Judge Sutherland transfer
nng -. .Sen gave ITO this Court.
n u me rotice, a. once, that he would pro-
eerd VIZ al .r.s to-day bu, Mr.. Sckles Muligans
.obichI 4 re would meet him AT Philhppi, place
80. - hr. Bunt had no present intention OF
- 90 insisted that this was the d" next oyer
nc osBiiner, within the law.
- ne Govt were disposed to open the forfeiture
." allow further delay, he had another mouoh
four ded upon Mir. Sdgwicks affidavit, when was 10
s'rd the ease back al once TO the Sessions. r -.
Judge BalcOm decided that, by the terms oi DIS
recognisance the defendant was not bonnd 10 appear
to-day nor until she Term and the order OF ior-
feIture.Dust be- vacated The aPphcaton u SEM Tue
SntlsefaDd
A NEw GpfsD jury ORDrRED.-D strict-Attorney
Blunt moved taat the Court order special Grand Jury
10 weet next Monday morning. The criminal business
Of the county yet undisposed ofwas now 80 large that
sD,esssoneting done to relieve them, the Jai'
would b. fled. There were now ncarcera'eo ~
persons fo- felony beside large number FOR assaults
and minor ofenses, and there were 10 out on oail
Vhosecabs were vet to be disposed OF by the Granc
Jury. TIE present Grand Jury will be discharged On
Saturday as a matter of course, and must leave tne
public b, siness unfinished and the new Grand Jury,
though holding only for week, could accomplish
much. The motion was granted.
The. Court was adjourned to Thursday, when one or
two otter cases are to be disposed Of
isUPER IOR COURT-GEyER.L TsRn.-ooT. 1s-Before
Ju dyes BoswoRriI HOFFMAN and PIEsRrPcNr.
FIN i Gam r. Hgbee respondent agt The New York or
Harlem Railroad Company.
This c ase came up on appeal from Judgment en-
oetsE under following fasts: Bsys,
rade To track Of The railroad prices payable monthly
n the climate Of the engineer Nine OF these estimates nsa
having Office rented from that rm and in the
pam hiding On the Of the claim for the tenth
o mo ny enough and Ppssea 70 pay 800 S. G@n s aI
nce' Which was $500 Bsy. aid the Company had no..
ss M Snsy he woad take mote with nere' ADDED I so
vas aken The 5ote was not paid and the holders offered to
Tb defendants that the can paid by the
end how that its dste the Shuyle Indebted the
tom pany the that charged
3om psny with the whole amount ofthe receipt: ,
yu dse Pienepont delivering opinion Of the Court said
VT, Bsyls having done all this work the
klai due II paid in money, has it
zee released by any formal instrument
he defendants have received the consideration which
fits sction 10 found and for 1t they have Dething
he fact that the Schuyes charged the Company with this
got makes difference the he their
4e large the time and they parted with
e. conside ration In charge To make the
IT, eipt Of the Shuylr note
for the defendants to show
actual Merely taking and giving receipt
full IL sufficient 20 establish such agreement The facts
correctly found by the referee and he has drawn
srerom just conclusion of law The receipt given did not
ecude inquiry into the actually made respect
y the which the taken and follows that
kshat said time evidence The
" the agreement il made, 10 be determined upon
consideration Of what the parties To the transaction said
that time There in the admission Of the evil
hence, and judgment must be affirmed with costs
i SPECIAL TERM.-Beore Judge ACKNOWLEDGEMENTS.
I James B. Brewster agt- Benjamin Leroy.-Moton
b vacate order of denied, with rs costs.
Before Judge PIERREPoxT.
John G. Fillets agt William nj. Dunond ct al
jhder granted
u. 8. COMMISSIONERS OFFICE, Ger. l3-Beore Mr.
RICHARD T.. SIILwrIL.
SLAYER HAIDEE.
I The further investigation in this case was post
fponed to Friday next, in consequence of Mr.. Joa-
hi. nj I'D l. 4