The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-02

ward, and Justices Thompson, Strong, and
Agnew.-The Court met this morning for the
regular term in Philadelphia and for the Eastern
District. The list of Philadelphia cases was
taken up, ana the following were argued:-
LEGAL TENDER CASE.
Mather VS.. KInike. Error to Common Pleas,
Philadelphia. The only question in this case
was whether the legal tender act applied to the
covenant for the payment of ground rent the
language of the covenant being as tollows:-
yielding and paying therefor unto the said
grantor, his heirs and assigns, the yearly rent
or sum OF twenty-one Spanish coined fine silver
pieces of eight and one-third part of q piece of
eight, each piece of eight weighing seventeen
pennyweights and six grains, or 80 much lawful
money of Province of Pennsylvania as shall be
sufficient from time to time to purchase or pro-
cure twenty-one such pieces of eight and one
third part ofa piece of eight, on the twelfth day
OF October yearly forever"
And containing covenants on the part of the
said grantee, his heirs and assigns, that he and
they shall and will from time to time, and at
all times thereafter, pay or cause to be paid TO
the said grantOr his heirs and assigns, "the
aforesaid yearly rent or sum OF tWenty-one
Spanish coined fine silver pieces of eight
and one-third part of a piece of eight,
each piece of eight weighing seventeen penny.
weights and six grains, or SO much lawful
money Of the said Province of Pennsylvania as
shall be sufficient to purchase or procure twenty
one such pieces eight and third part of piece
of eipht, hereby reserved on the 18th day of Oc-
tcber yearly forever, as the same shall grow due
and payable"
On the trial below, the Court of Common
Pleas held that the covenant was not satisfied by
the tender OF the notes; that the reservation was
OF particular kind of coin, with the alternative
Of its value in lawful money, and that the ground
landlord was entitled either to the particular
kind of coin, or its real value in lawful money.
That the measure of damages was the value OF
the coin at the time the rent fell due, and that
the plaintiff could not recover more, on the
ground that the description of coin has since
been worth more.
Judgment was accordingly entered for the
plaintiff for the value OF the particular coin on
the 18th of October, 1868, with interest to date.
From this ruling of the Court, writ of error
was taken to the Supreme Court The case was
argued by W. w. WIster, Jr.. for plaintiffs in
error, and by j. Cooke Longstreth for defend
ants in error.
SUPREME COURT AT NIsI PRIUs-Justice Read.
No case on the list for the week being ready
for trial. the jurors were discharged till Monday
next and the Court adjourned till Thursday.
CoURT OF OYER AND TERMnER AND QUARTER
SEssIoNs-Judge Ludlow.-The morning session
was occupied in calling the list of names Of the
new panel OF inrors in attendance and in the
passing upon by the Court the excuses OF those
desiring not to serve
The homicide cases will be taken up to-mor-
row, and il is probable that that or Mary Ridev,
for the murder OF the Younger brother Sides, will
be the first tried. At least such is understood to
be the purpose of the District Attorney.