New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-09-06
LAW INTELLIGENCE


TIE ryRosE AID LocEBlyES RAILROAD CASE.
n. Tyrone aud Loekbsv,n Railroad Co az ABen ss-ocL
In this case il will be reneub ered the plaintiffs, BY
pi es.a. s~sc b-u e Of
80. BY syo, u m N .Iehsst- vora. r.s. II - seo
,s o,ieo Up Eddse street ISL f.s days ago ne de-
ndsn moy.e 70 b d.es.I'.d on =. ssaa IA ne s
% the y a. The tine 10 hers,n ws' cor ne
Of bords The Judss denied re nnotoo he efoh is
defendant lad saed TIE 'seDJ Of ne s.ht q ne s
The n.u On pr..ensop Of afdsr showing TIE sveney Of
the bsnk This morning The dsfsrdsIt M y-d iof ms
fSe DINO. Me- .sa s wnit:.i'I peSs
ofe molten. The atGsy q sehenes 81 foth as II ,Se
.sos estits sock se,ordne The PrsOrs Of IL
IN In the vault. of The formed the capital 'o>i
pp which the ban ed bushes r,doened II, sre1is1on na
general suJ don Of 'peie payments took p'ee By al me
Geors BAHIA Diving the foios session Of te Corr. Ls
fr%r s1y forfeiture Of thir charter The q1ss
dn oon,inosa to DO bg.ns" up 70 Sov.Ioer 10y, =,
c.rs M. scs.nsE f1rtber svered ;,ss sne- th. time,
al rs hsii, sDo up up, .1 oarfan with
Upoer~cod BIZ scbsDk further alleged hat pr.von. 70 ne
he would u,- 70 protect currency the bark And Underwood
sbeDck TO Keep secret he i.e' that ne
sd II bills OF
iIoup /, would The credit Of he bsrk and make
difficult 20 cfeoa me eurency sna me, sa1nG. ,o
gboewooo Mr. scberct av-rred std him the bank would
+. e ire a S S s nc IN s saS
sche1
the ourDcy would Potet BIN and he wono De .,t,he1
Tbs, ,uce beDot back from Gecss Underwood I'D
niso tha b. statement IN regard TO Doun o. c. Dc had
band Uutru~ ard that he sas s'sy distressed osine
lis uusry situation, and that M less ne could make TINS
tbrr g. hight he would BE- mined man Underwood ss3
stated that be hsd put out come monty OF ne e before be hai
sde for th.ir tempon and That caused e't
tlr s,eped 20 mob him. and afraid 10 back here.
further that the anaeton was fair and open
ore and currency OF the bank 20 day worth less
psr value it owing 10 The non Of their contract
tv Sch. aso I'd
The s syit Of Mr. Dye firth that he The Publisher
Of bsIkbote det.cor, and broker 1as he -as Se
acquainted with the standing and character Of The Southern
chased the b. Of The p. cent That
the up the time mentioned bad always rdeemed its en-
bnl with be noticed that the circulation Of The bank
had greatly increased without ssnsenent for the redemption
TIE bills bsvne been made in this city lie ihen TX. mined
found that plaintiff had large amount o. the circulation and
irs ID, IN is oet.otol MI Dye purchased
bills with the understanding and niofs,on thar there va but
stopped purchasing said bills because he asoersined
tha, pnAs bad possession Of large amount Of The bills and
for ,h.r esenpon bye further s,s VIA, be bad 'onvel.d
with Underwood in reaon to the Cebtsl Bank Of Hosbls
Underwood had mirs presented condition Of that
bank to induce Mr. Dye to quote The same and Their fore
of the Southern Bank Of Georgia be- (Dyel lost all
confidence In its issues and refused 70 aIcb.e quote the
The affidavit Of Mr. Norris forth that Lad conversation
with Underwood the tn Of July last relative TO this anssc
ton Underwood then stated that 4 the bank legally
zed satisfied all schenck lad represented
and be Und.rwood Lot tie to complain Under.
also ao that be- kI that there large OF
capital the banh but that not material II the balS bad
That Of the bank could BE-
the bank beuE situated at such distance that the
bills m there could lot be readily sent home I'd therefore,
tn Underwood thought thu. b. money could be used 10
build his Eoao ary well as curren, fdnd' MI Norris
from bis hnos edge Of the character Of Underwood hs tNo
The sfosyit u MI Davis stated he broker
that L. Ronsn ard Underwood called him n nsgots's for
the "a. Of . me Of the ser hearing
he
bond, could not Be used In this mnke and be decned
sosrs them, he believed the plaintiffs
CONDITION awe such bonds any marie, value. Mr. Nicholas
testified tn worthless condition OF the bonds
NJ ht,aker testified that be exchange broker and
buy the bills Of the Southern Bank in the liar
Of bushes up 20 the ga % June s,, snc 70; a., s1 y o.
when the b,eTs refused to purchase any more on aoooqn.
The between the bank and the psint' and be-
cause provision had been made for the redemption Of The bills
sdoton these the defendant read affidavit of William
A. Man. who dped that be broker Ia this city And else
where lie knew the Southern. Bank Of Georgia and had plr
ebsstd is bi. while in TINS city, and Ia. had them sssy, re-
lug of February, March April Msy, and June last
o part. Union he by ma. Of
the currency OF the bank location BNnbdee aud the
wvIe always promptly redeemed by return mail
Grated h tion and offered give secay
foI bis perfc finance OF the original contract
iIg William H. De Forest VINO depoed that the surety
Broadway That obbls the time he became such surety
in this State but that he resided at The Phil
sdep Hotel in jersey City, and that be w" resident Of the
before opening the Judge Dean objected night.
plaintiffs COGft, hst theN
foreign poso and that tbey had not security for c.s
the tine they obsneo the ooe Of arrest n pursuance ofthe
Jud Edmonds cOniended that this Of
original mott the objection taken by the defendant
been made the original He insisted
nohius could be be sovency
The bond for security icd this morning and that
therefore they regularly in Court.
oge Dean ied that the plaintiffs bound show
that had fleo their bond before obtaining their order
The Judge however decided 10 hear the additional adavs
IN the
After the defendants adavits had been reed exJudge Ed
afd a for the plaintiff Ia viii n Mr.. Underwood
with Scheuck
ii 'wirde TO which Schenck msie no reply Underwood
denies lie circulated than loo OF such
The affidavit reiterated Of his adavs
he had been deceived by Dye he learned from
source that the Southern Bank Of Georgia worthless
Other adsvs showed tina. there several used In
the yu bshed list of stockholders Of the bank
never possessed any of the stock If the bank.
After tie resds OF the Pps the Judge postponed hearing
the argument until TUESDAY.
RULE YoR SEPTEMBER TERM.
During the two weeks Of Justice Davies term 10
Septeu pae business viii DC attended Chambers
from 10 clock l. Motions will De
oclock daily except Saturday No NOTICES VIII be heard
Saturday, unless BY Special Term.
BY ORpER CoVRr.
GENERAL TEgM-SEPT d
NOuCE.-Notes Of Issue for the September term,
eLcius Monday the ?th be flied before
Saturday 10TH state distinctly whether
or uCu'eluulerated.
SUPERIOR COURT-SFEcIAL TEkA-Sept 5-Befos Justice
HOFFMAN
THE SPIRIT OF The TINES LITIGATION.
Abraham {. Dayton sst George Wilkes
On the return of the order to show cause in this
case sdsvt made BY Mr. Tooson read hoVng that