The national Republican., 1866-12-12
,LOBD III Ths Csurts. 4.HI .IH
Surnsxn Csuns % Tnr Unssp 6rArEs-l

On motion Of Mr.. Cefilale, Chasss U. Peck, ksq.,
Of Illinois, vA sAnittsd ~ attorney and counsel.
No. Z. Original. Es yone. In Ne matter Il
John Dugan, pstitionsr, ks. - - 90
No. s. 0hsinai. Er yars. In the matter of
ohristeyAsr Y. Hsepa, pstisieasr. Petition for
.s :, e.: & s.s::: 49, s9 sS's s.s sos. q
No 80. The New Orleans, oopslossa., and Great
Western Railroad oonpauy. p,sinsi6s In error, W
". L. Nsdssy %. ifhis Gauss was srgusd ty
Mr. Carlisls and Mr.. MePhsessn tsr the psintis
IN error, and by NJ. Jssis for The defendants n
No. ST. n. Unis.d States, PLAINTIFF in error. ".
JrvniAh z. Dashisl Of IL. 4 ~ u .-..
NJ d. n. United ststss. plainsias IN srror,
". Hanson Ailsbury,s aA.inistra.or. The causes
yer. srss:d " Attorney General s'sns'ry for
i IL ~ Si.a..s cin...s., p,A,s.,t /. error, VI.
John N, AaAsaais sss ", he spsasnt ef this
:asss wss ssA.s.ssd y n. hsfAsrsoa for he
fn.ssa ss1Ss..t q, ,.:..,y ~: so..,as, 9,
Nsw OriAsss, OSsiexsss ssS GYsss Hesg~ Rsii.
rsaf csnSesH lssssiD - srsv, %. ". Z ksi.
~, \ a., &1ssisnts q wysv.--rhis esss ss.s up
y ~ e s.ss 4 e. usissd s.ss.s oiIssi. Court
Co. brought suit in that court by psitioa against
~ fsilfsaA ssupasy 10 Fssovss seasys dee thsm
fsr ssrvisss psrformsd uadyr IN Asrssnsat In writ
ias. b Which, u they alleged. he company. In
y q i,.ss.s: e ?. oa icrD,:A;s 3, no.
tsii iroa, sgfssd 70 pay ssssAin piss pr ton for
IN hon % dsiiv9sd. rhs time within which the
frsightass va U b furnishsd was sxtsudsd and
lindssA b . suhssqusnt sgEssmsnt. The entire
s.ss.s q rel. .s = salppsd :ppsss = have sssa
thousand tors Of which no question wsi raised but
q 10 The balance, which were TO be- delivered By
Thonssa Isssaaa, the maaufastufsfs, kstwssn
ney. !, lsss. ed April i 1854, u: se.rt A.as
New ofssss, in visiaiies Il Il. term q tis
sGsssassl." TAis gssasity va two thsusand And
tWe sd thrse fburths tons. OF he same .sisAt
thcssaaA tsss ftsishtags, but thrss thoasssi sad
dxtysieht tons was supplied PRIOR 70 Dec. ~ 1854
"a :spssn n.s o.:sa, n. 'ns
yf.ssA terssssss the nils sAippsd shsr The S1st
of Dscsmbsf, 1854, pnd ths msnufastsrsrs ~
nsd possession. Ths furnishing Of the freight, -
lisssd By the company. vas delayed By LindAy
fFsisAs were high whom they usrs ready for ship-
msnt, and they waited for fAll which sssssqusut.
" occurred and they vsrs thus snsbled 70 furnish
Ne freight st mach less than hey were TO rsesivs
:. The d.isnos 9TH. company ~. . d.aI.i Of psr.
formanos by Lindsay 8 o., and : rseosvsution.l
demand fof damages By reason Of the non-perform.
soes q ths seatrsst They also pleaded the statute
Ups. tI:.s facts y. eour. CAV. j.asn... 70. u.
sss d ths rates specified In the contrast" allow.
iag certain credits for money agreed to b credited
By the plaintiff for monsy paid on account By the
dsNndsnts aad for sxpsnsss, setual and estimated,
q Transferring tbs two thousand two and three
fsurths tons Of rails ffom New Orisans 10 Algisrs
The plaintiff IN error contends that the sosrs hAs
Ing found - matters Of fact that the paintiab h.
Low hsA failed 10 perform The sxprs0 sgrssnsut
Asr part By not furnishing freight 70 Algisrs for
: h.gs poftior q ne rails and not fafnishins
| - 49, ~ kAA-a
b allowing the plaintiA bslov b recover upon ths
sxprsn aSrssnsut whsu u b foand that they had
not psrformsd IT, " 10 . ssttisd principle Of law
that party cannot rsoovsr upon . eontraot with
cat peevins psrssoasss o. al conditions Pr:sedsnt
and their psrformsnss within ths limited tine,
whsa tine q limited.
Nor could there b rseovsry under the prayer for
gsnsssi rsiisf, unlsss the defendant had derived
6susat IN he premises. And sueh recovery can
only BE- &c sgss &c 6ens, and must undsnisbly be
lpsrformsd and accepted, other than that sipustsd
10 the eentrs1t. There is no such proof nsr finding
In this eass The pisa u l.mltsons under the evil
code Of fLouisana, which provides that se,ions "foI
ssis, g., arc prohibited for one yssr," he court
disposed Of by ruling "thss this contract Is not
contrast for the payment Of the frsishts Of ship,
and other vessels, within the ss49th article Of ths
civil code" ......- .. -
In The absence Of srplsnation II Is assumed ths.
the court proessd,d on the ground that the special
contract was In the nature Of brokerage contract,
the plaintiffs below being niddls.msn between the
defendant sad The shiP.ownsrs. But thsrs was no
oase made on the .pscial contract and 4 plaintiff.
could recover 1t a they must do 30 on the implied
oontrsct arising out Of the service performed BY
them, TO wit the transportation Of the goods. In
other words, II was an implied contract for thu
freight Of ships merely, which arose directly BE-
tween the parties to the suit TO the exclusion Of all
; third persons, and eonssqusntly was within ths
LETTER we'll the spirit Of the article Of the cod,
TSs Defendant in error replied st length. main
.ainlss ths ss.rsctnsn Of tAs rpliAg of the court
yH. o.riisis ssd John D. MoPksrso. for pi.in
tGs In error; Louis Janin for defendant In error
Rssilsness Of tAs Judge Of tie Ssprs~s Court q
IL = tie Usite6 States
NJ Chisf Jassies chsss, street north, eorns
NJ. Justice wayne, No. : Franklin Place.
) n. Justies Nelson, National Hotel.
) NJ. Justice Gdsr. No. Q north A street, caplto
Hill. ..L. 900 ...
|. NJ. Justice clifford, National Hotel.
. Mr.. Justice Swsyns Willsrds Hotel.
III Mr. Justice Miller, National Hotel.
NJ. Justies Davis. National Hotel.
M. Justice Field, Willard's Hotel.
!, DIV. Middi.tOn, clark, No. SOS New Jsrs..
!. ORPHANS CoUar Judge Purcel.-Yes
tsrdsy the will Of the late Elisabeth Bsndlsy va
. fully proven and admitted to probate and record
= Prsncis Madison is nominated as the executor.
The will Of Emma Boseow, nominating asorg
Clsndsnin - executor, was hlsd
: Letters Of administration the estate Of Elisa
. beth Bendlsy were Issued 10 Francis Madison bon
: $1,000. --....
/ Letters Of administration on the estate Of Gsorg
, R. schsais were issued to Eliss J. sehsnisi bon
$1,000.
e. r. Borland gave bond In the sum Of a, 90
and vss appointed guardian to the orphans Of job
Langs..
: CRIMINAL OoURr--Judge Fisher.-(( Edw'
O. Darlington. esq. District Attorney, prosecuting
WIN. Buchanan and Emma Kelly. indicted for la
j.. osny. Nolls prossqui BY United States attorney.
!. Fletcher ". Burlsy VIM. Moody and charls