, 1865-03-14

applicants Tor appointment as surgeons ant
assistant SUI geons, Surgeon and Brevet Lieu
Of tic corps, president, st Stanton tUni1et
States) General Hospital, corner Of street
and New Jersey avenue: Applications, &C
companted by testimonials Of physical ant
Professional qualifications, must be made Il
| the Aljntant General, United States army
Washington, D c. Candidates must have
served at least two years In the medical de
partment OF the army or navy.
by order OF. Major General W. 8. Hancock !:
FINLEY ANDERSON,
Assistant Adjutant General.
THE LAW CoURys.
UE11D STATES CouRT.-Befort Judge Drum
| mon6. The United Staies Court met yes:crdaJ
morning according to adjournment. The only
bnEinesB transacted was the consideration Of mo-
tfons In lew admltalty causes, Of 10 general In
| tezest.
COMMISSIONERS CouRT-Before o. g. Cotmis
saoatT Hoyne.-A warrant Was Issued for the ar
ret Of person, who has appeared prominently
passing cuGuierfrlt $luU Treasury note. A5 It Is
! doubtful the accused person be get nrtested we
cceisnc 10 glvo bis name In thia issne.
81 ceeait court @ IL ,e "sia Mareh
81 esehaaF Eli II ~ @oas sasssd psai va c
ncflay., ana in tic meantime oil caacs ready for
tr,sl WI be taken up and disposed ofas rsridJ as
Aw1it Of ho0<as eorrrs WIS yesterday issued
ont of t:is Court directed to a. e. Coventry Pres
y goaF9 h},sa Of Foltcs Wm
kenny and George n. Miller, detectives, command
Il E them to produce in Court the body Of Ann1e
h.sEer 1he ntsour conesratns whoss
st. Louis, mention was made IN yesterdays TEL
BCNE. The petition for the writ set forth that the
| girl was held contrary to Law. The respondents
caute, Judge Williams ofQered the girl 10 be dis
charged from custody. We arc requested By u
rich, Warner K1ng, the attornics ior the rels.
tor, TO state that they hare no fault to 6nl
With Superintendent Turtle, On account Of the sr-
rest made on Sunday last. the same having been
made On the authority Of her leeal guardian; Our
ton OF The police authorities in ibis particular in
stance, but upon the general practice viewed from
| legal ttandpo'nt. l! II no answer for them to
EGy that they were following the precedcnts. The
| Ot law,
In.he celebrated divorce suit OF Eliza sabcrton
drew hls an.wer, aud the plaintiff her replication,
and tic charges we're taken as confessed. and q
decree Of f., divorce entered. a supplemental de-
get apart $i,0oo In lieu Of dover aud atmony.
III 1s the csnse wherein the plaintiff charged
a6nitsIg. apd the defendant charged IN his an.
surErion Corr7-Bffoye J!sdge Fan Mqgin,.-
Wight rs: Waflbnum ct al. In this carse, ycstcr-
DAY, new tr1al was awarded under the etatue.
BY parper named Charles Rlerich against The
County Warden for services rendered IN the Poor
House Of the county. Il Is tae same affair which
Roar6of superrfsors, and IN which sir. Chaso
Wis triumphattsy acquitted. The defendants at
eaT9 eos nE whs s s pasa pa . f M
cauee be stricken from the docket. The Court
granted The motion.
Eington Lunt and George c. Cook, asafgnees, -.
Ge0rEe II. How. This ID m action on i bankers
account, to which the defense IL set off, Itisa
case Of considerable Importance to the merchants
fn.ai. Itcttabllshcs principle q lan in rgia.
tion to deposi, accounts. the knowledge of which
toned 10 depositln IN "shaky Institutions:
"The following facts we're admitted. viz: That
5acoa g. Conrad, prior to september 50, 1854, hid
ant kept an account wish him as such banker, and
that the balance due from defendant, according to
the books Of the plaintiff, was, At the time Of tho
YVES admitted that Conrad failed as banker, and
that The asslEnhent was fully executed and delly-
cred 10 the asstgrete, Orripgton luut and George
e: Cook. on the soth Of September, 4. D. 1864, at
II was further admitted TINT Conrad did notope
his banking house On the Goth OF September; and
that the bank did not open It's doors after the Goth
ior the t1an.actlon Of businest. ''0 ''''N|
The defense tnen proved that On the afternoon OF
.hc e9ih September, 1854, after bank hours, and
ts desnaan saa a s ofsSt a & Ia Hy az
upon eafd Conrad by Charles A. Rogers, and pay
able to said defendant Or bis oEder and that said
S,el n1aVe nas hs ,t sd sad as
connt With said Conrad, and that .hsre was stand
1ng TO his credit at The dao Of safd check and at
f r. IT. q .ad 1la1ag ssgns%sn e.; tss Of
tne aqth Of September, OF before e1even a. m. Of
na ld9s there ~ R9fted On he door Of he
bank Would not be- opened M On .ccouat OF a embars e
~ s nes s sassHss 8. TIC
ree Only neson in the case is whehsr the
eontcnded By the plaintiff ! counsel that the de-.
fendaut, not having prorfd demand on Tie check
prior to the assignment. had shown no legal right
Of action gatnst Conrad, aud unless thefa were
perfect right Of action against Conrad III favor Of
defendaIt, bow, ut the time OF the Assignment,
that the right Of set:of DID not exist. The cases
Tide &c Dazbonr, s. G: "a; 3Wendel1, 10; 10 Bar.
hour, S. G., 459; 1s johnson and 10 johnson. But
] an satisfied !hat this rule would not be recog-
has 1spudlate it in the causo Of Ksy
In my opinIor no demand was necessary in this
ply With OF meet any demand by making an as
sig1ment Of all hia effects. Where party puts It
out Of bis power, by bis own act to comply with
s Wsnds S. ssg; IS Il Wenas sfasena e. Cases.
This yieW is sustained i9 eeyeral casea in this
case Of Ke1ly Is. Garrett, p. s5a, before cited.
Judge Purple eays: Nor would tho law require
n.eess an =; act sus d making mere formal d.
"of q keeeiser simply to enable him to adjust
"thetr indebtedness " set off,
It is not necessary to decide that Lunt and
sition % coniad their assignor.
That Is too plain for discussion. because open
account is a nero chose In action, and cannot be
legally assigned. The transfer ls good only ID an
equitable one and It carries With 1t all the equi-
yes ot 'he debtor, md, tcconly because, assign.
bGEa Edt purchasers. II this check was valid |
" Claim or demnnd" against Conrad, then by tho !
very words Of tho Etatute II constitutes valid |
va. It valid t. claim OF demand ~ against Con.
rsd? ahe SGpreme Court, IN the case Of Stanford t
CEc Of Ward vs.. The Chicago HRrinc and Fire In-
Soef Il IL R 1S de9dso ha he
own name and recover the amount tlua upoa It
from tho bank in an action brou ,ht In tho holeFs
nepo. Itwou'd seem then that How could have
eued upon this check ut the time OF tn. assign |
@snt n3 and hattherefoFe 1t constitutes valid set
4 similar decision WIS made by tho Supreme
Court Of OHIO in tho case Of Eetsey vs. Crawford,
70 Ohio, 1se; vide also s John,, III, Tnttle vs..
necbe; p: p. Mar. 365, Marahum Va. Field; 8
st9W GS. q PottsF, p M s.. Stocking rs Iourmain.
|
against the defendant for the balance, yiz: ST.
simmonds t. Tho Illinois Central Railroad
[tem co1li.ion. It is now On tElaI before jury.
, Suit was Yesterday commenced in The Superior
ce9rt M by Mr.. Jane Barley, vldow, against E1vy
:tatedto be Is follows The son Of he plaintiG
John Thomas Barley !aa seventeen OF eighteen
consent < a5 70 Msheary county b these men. and
induced Z. to en'istTtsey resolving $50 therefore.
;ent to ;the mother by The boy through q. q.
lsmee, which sum she never received. Iftbe
aets + be as stated he whole transactiou Is piece
u the most heartlese yil!ainy.
REcoRDEh's CouEr-Before Judge Fan Dureu.
The Grand Jury completed their labors on Sat-
aIaay, having found n1nety.one indictments The
ollowlng peIstns we're afraiened yesterday NOR
ming, npon the charges eet opposite their names,
People rs. csthe5na Duly 4 a; al, Larceny; plea
Vary Kimball. Larceny; plea gully. People %.
Eteder1eka Werner. Larceny: plea notg guilty Peo-
Foed E d Fes e Rea gs e y rss5
nd Cone, and not guilty as to Fallan. People us.
1olms I $: Larceny; ples gmlty: People r. Duffy
a feops T. hs4y ps7 kea
People .. Ritsbie: Larceny plsa not gully.
People rs. Annie Ryan. Larceny; plea not guilty.
People "a, Loke French: larceny plea not gully.
allison. Larceny; plea moi guilty. Same rs.
Same. Same: name plea People "a. Bouton,
-arceny.i plea guilty People u. white and Kee-
IN: Riot. plea Of not guilty Tor Keegan.
The Suites Attorney yesterday entefed noUe
'rostQui In the u McG1av, Of Peoria, tnd!ct-
d By the Grand Jury for adultery and larceny.
nd the tefeldsut was discharged. 1t WA I'd.
nitted on nll hands that there was no evidence TO
usfa1n the charges preferred McGraw has been |
or many months detective In the employ OF thc
7oyefnrue Mt md hHB the renutation ar ha,nrs