New-York daily tribune., 1861-08-29
vaus of The nails which the agent happened to have In
store at the time the assessment was made.
supnFME COURf-spEcIAL TsRH.-Aua. @.-Bs'ors
Justice lSeRAHAn

SUPREME CoURf-spEcIiI TgH1.-Ara @-Bs'ors
Justice lseRAHAn.
DECISIONS,
James Gould sgt. Samuel r. Butterworh -,
This was An action for mone,d had and received Dy
defendant for use of plaintiff, TIE money being re-
ceiyed on an order by Stack on tbs P. o. Department
on account Of contract made with Stack and plain
f after Slack had transferred to hm bis i1tere,t.
The Judge decides for fendant. He says, im1 the
assignment was only Of property and contract oi ogs,
1897 not of the new contracts "a, III tne ~
remedy is against the partner or the uniteo Saees,
.ssn's.a .h ss @'ssS snS Rsia s The
clam is goQd against the United States wSlSn
fully paid fhe money. The money PAID belonged 70
the United States, and not to plaintf, ana iEProP
ery paid the United States, and not the piain' must
sue for It.
Before Mr.. Justice SuTHsRLASp.
CURIOUS MILITARY CASE.
In re John w. Latson.
This was writ of habeas corpus IN behalf OF plain
lift who Is Colonel in the Horse Artillery Regiment,
TO be released from the custody Of the Sheriff who is
alleged to illegally restrain .ne Colonel of bis liberty
The sheriff made return to the writ that he held de-
endant by virtue Of an order Of arrest at the sut OF
Henry Farrington, who procured the Colonefs arrest
by affidavit, alleging that on the 9Th August the
| Colonel requested plaintiff to go with him to Elm
Park Staten Island, to do some writing ior nm.
Plaintiff went and was a. once arrested Dy .ne
Coiones order and abu,ed by the Colonel, conhneo,
| and while in copfuement his life threatened Oy tne
Colonel That IL was only after great difficulty tnat
be could get counsel admitted to hin, and the presence
of person wko could administer on oath was abso'
| latly refused. . .
Through che effort Of plaintiffs sister, writ Of
labeas corYls was issued but before the Colonel made
return thereto yaiutf alleges that the Colonel MADE
fse ehTrge against him before - Gsieo Ssns s,ss o ON
which 5ne United States Marshal arrested MIN, and
then the Colonel made return to tie hsDeas CORPUS
that plaintiff not in bis custody: flaln,ln aIeees
that tie only explanation he can give OF tBs cohuuc'
il that, in May, defendant, who had law ONCE IN
Pine street. contem lated engaging in military sttes
and engaged plaintiff as private secretary, at
week salary, promising that when he ttne Soiohei
should raise regiment be would have defendant ap
pointed to subordinate office, 70 act as private sec
Tetgry. -. -
plaintiff finding that Iatson las he alleger could ne
raise regiment and receiving only " OIL hS sairy &
SO per week notified Latson that ne conid no onee
serve him. and hence his arrest. Plalnln inrtaer az
legged that. at the time Of bis arrest the Coionei ner
no commission as an officer or authority 20 Arrest VIA
be had never ensied and that ne was soou. so eo
nence action against Latson for damages 1or II
hSai Astentiop' &c., on which he asked the Colonel
N, ,b;s atsdayis. the Colonel was arrested by th
Sh eiE and confined in Eldridge street JAIL sl9 .u
cJhsn,pQ shat he arrested while IN the peiorha
bis duty ne Colonel Of regiment accepted Dy ln
'Hsr Department and which he was under 9raers Is
Sru at once; and that by the militia act Of 1888 ne
attempted from arrest while performing snen mh,sr.
dntv The Colonel also, by affidavit, claims that ar
rsnston lat whoee suit he arrested dd enls ID III
regsmen, and was PLACED unaer arrest oy ni l'I"''V
, for lisob,sdience of orders.
L The edge, suggested that in any event the dis
charge c the Colonel could not be asked on the groqn
that he belonged TO the State Militia, and LIE asEe
ennse if tbeTa was not statute Of the United state
which lebs rrcd officers duty from arrest on cav
process, rs the lawyers did net know, the matte
vas al burned until tomorrow,
! The caro- of the boy Spencer OF Col. I1atsons reg
s,snt was also adjourned until The Judge could exan
liRs M Law affecting the enlistment of minors.