Baltimore daily commercial. [volume] (Baltimore, Md.) 1865-1867, 1865-11-18

A SUIT FOR DAMAGES Decentralization was made
few days SINCE of an interesting suit pending in the
United States Circuit Court, before Judge Giles
George Lobdell, of Wilmington, Delaware. VS.
j. B. Kunkel ~ Bro. of Frederick county, Maryland
The suit was instituted for the purpose of recovering
eight thousand dollars damages for the non perform
ance of a contract to deliver certain quantity of
iron, at fixed price, within a specified time CON
dltion OF the agreement was that ten tons were first
to be sent to the plaintiff a sample, and if salts
factory, the remainder was to be forwarded within
sixty days. None whatever was delivered and the
counsel for the defendants commended that therefore
no contract existed. Other pleas made in bar
of the claim of the plaintiff but the case was de-
cided in favor of the defendants it is not necessary
to give them. The verdict was in pursuance of the
following instruction of Judge Giles: IF the jury
shall find from the evidence in the case that the ten
tons were not sent to plaintiff and by him tried and
found satisfactory there can be recovery by plain
tiff in tbs sud, the sixty days mentioned in de
PENDANTS offer of the 18th of June would only com
mence running from the plaintiffs approval of said
ten tons"
CHARGE OF RoEBERY.-At an early hour yesterday
morning, three young men, John DOugherty, Thos.
Derry and John Wesley, entered the store of Mr.
Joseph Harris No. 50 n. Howard street and asked
to be shown some goods. While one of them was
looking at the articles the others strolled about the
store in such manner as to excite the suspicion of
policeman Spangler, who took them into custody up
on the charge of being suspicious characters Dough-
erty had under his arm new vest which he stated
re had purchased during the morning. 1t was sub
seguently identified by Mr.. A. Mandelbaum, No. 81
N howard street, as having been stolen from his
place Of business and, upon his evidence Dougherty
was held for the Grand Jury, by Justice Dryden.
The Others were held accessories. Upon searching
the prisoners, number of internal revenue stamps
We're found in their possession.
SUDDEN DEATH.-Y esterday about o'clock, a gen.
tieman named Thomas II. Hail. aged about Is years
Tell from chair upon which he sitting in house
on German street, between Howard and Liberty, and
Immediately expired. Coroner Greentree was mott
hed OF the lact and summoned jury of inquest who
rendered verdict. That the deceased came to his
death from causes Unknown to the Jury" His body
was subsequently removed hy officer Riley, of the
middle district to the late residence of the deceased
on Lombard street near Green.
ELECTION OF A BIsHOP.-Rev J. Barrett Kerfoot
d. D., who was on Thursday last elected Bishop of
Western Pennsylvania is well known in this city,
where he has many friends who will be gratifed to
hear of his promotion in the ministry. He was for
number of years President of st. James College To-
catedin Washington county, Md and is distinguished
for his high Christian character and superior literary
attainments.
AGRoUND.-The steamer Adelaide, of the Old Bay
Line, running between Norfolk and this city, while
coming up the river yesterday morning, during the
heavy fog which prevailed ran aground near Fort
McHenry. The passengers were transferred to an
other vessel and brought up to the city. About four
o'clock in the afternoon the steamer was again got
afoat and came up to her wharf