Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-10-31


est from Sept IS 1855 and cost Of prot. st. 81 &c
brief history Of this case we gave IN the STAY on
Saturday lasf but 10 INVOLVES Point Of cousfd
erahe interest to business may b. well to state
called at the Bank Of Metropolis to pa raft then
and there due and payable. portion Of this dram
was satisfied in check on Chui,b Broth, "a. which
check the Bank Of Metropolis retained iu their
10 O'Clock q. m, when Il was presented AZ the
house Of Chubb Brothers FOR PAYMENT In the
meantime the drawees had failed and OF course
wn s presented paymentof the check was refused,
70 consider whether the Bank Of Metropolis had
used reasonable diligence In collecting the cheek,
ana whether the same should not have been pre-
sented ON Saturday 1.-THE day Of drawing) In order
to bring such presentation within the reasonable
time which custom has established between bank.
Ing houses Itwas also held by defendants coun-
house Of the drawees sufficient for the payment OF
said check, and that the same would have been
paid II IL had been presented on the same day
The Court held that the Bank of Metropolis was
justified In retaining the check until Monday
that being the next business day, and that its pre-.
sentation and non payment on that day made the
defendant responsible TO the plaintiff In action.
Mr.. Davidge for defendant took exceptions 10 the
ruling I'm the case with view to testing the csse
again In higher court 49, -
The Instructions Of the court to the Jury are al
follows: ssssl = = = !.
s.lf the jury believe from the evidence ,sors.,,a
that the said check was made by the defendant
and was received from him at the counter of the
said bank, In payment Of the defendants accept
ence aforesal d, held by the said bank ON Satur.
day, the lsth Of September 1855 after one O'CLOCK
p m. and after the checks other banks received
there ON the day previous and I'm the earlier part OF
the said 18th Of september had been sent cut for
presentation at the banks upon which they Were
respectively drawn, and that the usage of the aid
Bank Of the Metropolis and the general USAGE Of
the eanksin the city Of Washington then was and
had beenW send out such check ks for prese NATION
a nrp paf nm, 49, A~xx
checks received after that time; and that the said
check of the defendant presented at the coun-
ter OF Chubb Br theirs on Monday morning, the
10th Of September, Ie5s, about the usual hour fof
such presentation, and that the said Chubb Broth
ers refused payment thereof; and that the said
check was on the same day and about O'Clock
presented and payment demanded at the said
counter, and payment refused, and that the said
check was on the same day protested for non-pay-
Inent thereof, and notice Of such non-paynent
given TO the defendant on the same day by Leaving
such notice at his place Of abode then the plaintiff
Is entitled to recover in this action.
"fhat IL the jury believe from the evidence
aforesaid that the said check was made by the
defendant and by him paid In at the plaintiffs
bank, account of his acceptance there due. on
Saturday. the 18th September, 1852 in the after
noon; and that the same was presented at the
banking-house Of the said Chub6 Brothers on the
morning Of Monday, the Goth September, 1858.
and payment then and there demanded then such
presentment and demand were made AT reasonable
time; and II the payment Of the said check was
| m
on the same day, the defendant is liable on tie
said check in this action.n
The Court took up a motion made on Thursdav
last by MI Davidge, to quash writ of replevin
which had been sued out by Hoover & Drain
and placed in the hands Of the Coroner to resran
the sale Of certain cattle, hogs and sheep, levied
on by the Marshal on Judgment for debt against
The Court asked to auash the writ of repievin
on the ground that IL was an abuse Of process
The Court decided for the motion and anashed
the writ. The decision in this case created much
Interest TO the members of the bar generally II
being believed to be the first instance of the Kind
the Jail yard.
To-day, the Court took up the case Of Samuel
Strong agt. Robert w. Brooks. in which action
was brought to recover money alleged to bc dine
for certain furniture furnished to defendant The
defence was that the furniture became the properly
OF DEFENDANT In virtue Of an agreement between
the parties, In consideration Of the defendant
having put his name to a certain bond for de-
fendant; The jury was out In this case when our
Also, the case Of Mary E. Bronangh act. rhos.
Robinson, case Of replevin to recover possess
sion Of certain slaves taken by defendant This
case wss pending when our report closed.
RIvKK-The bark Ephraim Williams. loaded
with heavy stone for the United States Treasury
extension, and bound for the Western wharyes.
has been aground in the Potomac channel of
Arlington since Saturday last. At Harvey & Co %
wnarvts, several vessels are unloading cargoes Of
coal for the fuel dealers The pretty yacht Bonita,
Capt Deeker, which has been al Rfley's wharf for
several days past, sailed at noon today for the
lanes river. The steamer Columbia arrived at
kiiey's wharf this morning, from Baltimore.
bringing freights for M. wv: Danenburg, AZ
Green, w NJ. Ellis Bro, J. Kelly, J. w. Nor
sci, g. Raub, Jackson 4 Bro, Murray & Semmes
Conner, b. w bite & Co, WIN. Onne Browning
4 keatiag, clagstt, May & Co., r. G. Brooks,
9. T, Parker 4 Co VIM BRYAN, Charles stott'
Humphrey. ~ -'~A'e'
PoLIrIcAL MEETING AT CoLEsvILLK.-A large
number Of the conservative citizens of Moutoom.
cry county, Md, assembled last SATURDAY. at Cole.
vile, where's Democratic meeting was organized
aud addressed by ex-Mayor Magruder and P,ant
- spencer, Egg Of Washington. The addresses
Were received with much safisfac ton by the as
semblage. MIR. spencer paid warm Tribute to
the patriotism and craftsmanship of Hon Iames
=. Clay; Of Kentucky, and called upon the admit
Mr %,a ne a' t % the example Of the
grcss being present. was called for, and responded
IA some handsomely delivered remarks. which
We're a Handsomely replied to by DR.. Magruder
A LEsAL PREcxDESr.-The Circuit Court de.
cfded on Saturday, In the case Of Davidee ACT.
Hoover, that levy by the Marshal against the e.
fects OF partnership, will lie to satisfy Judge
ment against an Individual partner.
FLowERs.-Mr. Hughes, the Island Florist, In,
perpetually blooming roses and verv rare peyan.
iums besides all kinds ofconservatory plants CaIl
and see him. ~---
THOSE wishing pure and fresh medicines win
ind II well worth their while 10 call at Moo,e,s
West End drug and medicine establishment, ia
Pennsyivania avenue
..TBE HISTORY OF Dr.. J. ,HosrxrrxR,. stomach
and lie NAM o nsdclss OF the day
ADJ xse.. ana other diseases ssising from disor
met ~ diseoysres that he's taken place
ns E,e ere % universal that there are
~ d IN sns,d cEn amiiss ercs Of
s,nes o5s sssay smonE the many advertlssd msdi
sod BY Druggists and dealers generally svsry-
USIox BALL CLorHrNs sroRR eorsey of S<ve.tA
esd streets, Nary Yard, WaskisEfoa. % C-We
rave just oHrnod ten cases Of the most sshiouable
snd best deslgn Ready made Clothinr ever he7srs
bfoeshs % this market, eonsisttng Of Mems Over
coets3 oleck Dress Costs, Busnsss Confs Pants
ena vssts q Al qush lee, and most beautiful e.
sortment OF Boys Clothinr, which II o,1r oVn
make AZ Of WHICH wild BE- sold st ccnndss able less
Prices tnaa they charge in other houses -
g. t-@a -