New-York daily tribune., 1861-09-11
LAW INTELLIGENCE.
UNITED STATES DISTRICT CoURT-sspr. ic-Bsfas,
lndae eHIrMAN

UNITED STATES DISTRICT CoURT-sspI i-Berase
Judge SHrrAN
The REcAPTURED BRIG CUBA--cLAih r0R SALVAGE.
Daniel j. Strout agt. the brig Cubs-1his 10 aelais
for salvage for onequaer Of the value Of the cargo
Of the brig Cuba, which was recaptured by Captain
Strout his mates and the steward after abe had been
seized as prize by the privateer Sumter II appears
that on the I'd of July last the brig sailed from Tni
dad for London with cargo of sugar and molasses.
Sumter, and Capt Semmes, after destroying all of
Capt. Strouts papers except his register placed q
prize crew board the Cuba, and attempted to tow
her in to Cienfuegos. The brig Machias wasaso taken
about this time, and the Sumter took her in charge
The prize crew the Cuba directed TO take her
into port but subsequently, Capt Strout assisted by
his mates, at favorable opportunity, regained poeses
sion of the vessel and brought her to this port The
owners of the vessel admit the claim for salvage and
offer no defense. The value Of the carge is about
sl5OO0 The claim il contested by the agent of the
Lloyds in behalf of the cargo. The right of the mates
and steward to salvage Is admitted, but the Captain
being part owner of the vessel the claim is contested
as lar as he is concerned. Captain Strout was
amined this morning His testimony substantiates the
statements published at the time the vessel arrived in
this port Messrs Benedict, Burr q Benedict appeared
for the plaintiff and Martin e. Smith for the agents Of
Lloyds.
SUPREME COURT-CHAxsEns.-sEPT. m-BefOre JH'ties
CLERKH-
Elizabeth Ustick, &C., agt. Richard d. BOVINE
Motion denied, without costs.
John Sinclair ct al agt. G.. G. Talmadge ct al
and 3 costs Of this notion and that defendants tile
and serve copy Of the care on before the 2d ins
after which the case may be called on for argument
Daniel b. Hinckley ct al: agt. VIM: b. Leonard, in,
pleaded &c-Motion granted, with flO costs TO abide
event.
VIM. B. Fosdick ct al agt John N. Richards ct al
Motion granted unless plaintiffs consent TO refer 10 a
person residing in New.York. Costs, $40, to abide
event.
Kellogg II. Loomis agt. Alfred P. Marshall ct al
Motion to change venue granted.
George +. Merklee agt John M. Thatcher-Motion
dismissed with costs.
Hannah Par6tt agt. Henry w. Derby ct al. three
other cases. Motion for Receiver granted.
A. j. Ledeing agt. Mile ID. Power.-Dismifsed,
with costs.
Laura Z. Bolton agt. Patrick Mathsr, &c.-Grsnted
on payment OF costs.
Rosa Glenton sgt. Bertrand Clover ct sl--An the
applications embraced in this motion denied except the
application to dissolve the injunction, which granted
| without costs.
E. s. Mills ct al. agt. II. p. Ieake ct al; The Same
agt. Wakeman Hull ct al; Elisha Boomer sgt. Har-
rison ID. Hunt Henry s. Davis, jr., agt. +. p Wood
ct al; Artisans Bank sgt. Hartford Coal Company;
John II. Nickerson agt. New-York Consolidated Stage
Company two cases.; Henry s. SAWYER agt. Thomas
Chambers ct al. VIM. II. Fry agt. VIM. Newly ct
al. two cases Motion granted in each case.
SUPERIOR COURr-SPEcIAL TERx-ssP1. l0-Before
Justice BoswoRTB
John Shepard agt. Calvin V. Rivenbure. Payment
Of less than the face Of regular and valid judgment
promise to accept the sum paid in satisfaction does
not operate satisfaction. Such promise IL with
out consideration. The delivery of satisacton.piece
acknowledged by the attorney payment Of lees than
the due, and entering satisfaction on the docket
Of the judgment without entering satisfaction the
rol do not make execution subsequently issued TO
collect the balance unpaid irregular. Il WeBd., 35
The recovery not thereby discharged Of record The
plaintiff has legal right to relief without paying the
balance DUE and on the facts stated in the opposing
affidavit, has equitable right. Motion to set aside
execution, with 81 costs.
Ludwig Sachs agt. Charles II. Bertrand.-Mo ION 20
vacae order Of arrest granted on the defendant stp
under the order Seven dollars costs Of the %
allowed to the party ultimately recovering costs the
action