The national Republican., 1867-11-28
THE COURTS
TUESDAY.

| The plaintiff asked and received leave to amen
sS aSs es sessSransy sS aSd'n" count
The trial 81 this ssusc was then resumed, an
occupied the entire session Of the court. Tn
af s he eSSs hsS5S b" tgs
oi siices from the defendant, and suffered larg
damages beGafse N his refusal to, deliver II a
contract to deliver a lot Of iron and steel shoe,
then in his possession, but AYERS that slich sgret
ment was obtained by the plaintiffs misststing &
Ehsrot Stamped, Ind therefore he did not eonside
II valid, ti't that he sold the old iron few day
Afterwards to another ,party At an advance o
''TRe evidence was closed at 4 O'clock, and th
remainder OF the session spent In discussing tn,
law Of the case with view to asking instrue
i1i7. Hugh Hughes VS.. John E. Eschbsck. Tn,
case was by agreement made subject to refer
1854. Norris T. Bacon & Bro, vs. Adams Ex
GorrIs, s Rehneag snd ana wsSS. siSe' 0A '"' o''ena''
ss wes SaoSol M kenfss sDs s.Ssr s placed on 'h'
3622. tAppeals.) Elliott VS.. Cook. Rule tc
employ new counsel and give new and additional
Landrcth & Sons vs. ]. J. Barnard 4 Co. BY
OF those Retetofore lost, Bradley y-MattIngIy
4ois. L. Cahiii'set vs VIM. II. Earnest. Judg.
s5s5. s. S. and @. p. Stevens et a. Is. Charlie.
7. Fries. Death of plaintiff suggested and case
COutinueu, bfOWn, Smttnerb anu wilson fOf
plaintifsj Schmidt for defendant.
The Court at O'Clock adjourned.
49, LETTERS TgsrAMENTARy.
FrSnsis H. Kesg Geseass giving Srf1Os Sond in sls o.
600, with r. A. Lacy and Chester NJ. Colt as
sureties.
THE TrsDELL-sroSE SUIT.
This case comes up upon a suit to compel Mrs.
Drury, as administrstrix OF W. p. Stone, who, It
is supposed, was lost on the Schooner Alert
some years ago, to account for property which
cane to her hands, a portion OF which, some
$500 Insurance money, Mrs. Drury claims Is her
'of and BrsSsx sSnsfsts snDssG and ,b,
leys for Mrs. Drury
The greater portion of the session Of the Court
was occupied In the examination Of witnesses as
to the kind and value OF the property which
came to the hands Of the ADMINISTRATIVE. The
case was not concluded at the adjournment Of
the Court.
The Court at O'Clock adjourned.
YESTERDAY.
The Tbs court we oSsraPcd a. follows Yesterday:
Action o1 ~ y GsSss
PLAINTIFF Bradley and Cox for defendant. Leave
granted plaintiff to amend his replication to the
pleas oi the defendant upon the payment Of costs,
and case continued.
sos. Seligman VS.. Piffieton VS.. William Norris,
and 500. Same vs. same. On the motioh Of N, H.
Miller, these cases were ordered to be docketed
2i33. W. H. L II. O. wycth VS.. Henderson Fow-
Ter: Brent and Philips for plaintiff, and Cox for
This is an action to recover damages for the
non,deiiyery according to contract Of 100 tons OF
scrap iron, Sea which the plaintiffs allege Fow-
alleges that Wyeth deceived him as to the mar
ket price Of the iron, and thereby relieved him
from any Obligation to carry out the contract
day resumed. The evidence had been concluded,
rs mentioned in our last report, and the counsel
on each side now prayed diverse instructions to
The plaintiffs Sounsel sought to secure in
strgetions to the jury that II the contrsct was
wyeth, then the jury should give damages
against Fowler equal TO the difference between
the price Of scrap iron, &C., according to the con-
tract, and its market value at the time and
place at which II was to have been delivered.
The defendants asked instructions to the effect
that u Fowler contracted with Wyeth under a
growing out of Wyeths representation Of such
price. the contract was void, and no damages
sould be recovered!
Other instructions relative to the basis on
which damages should be estimated, and as to |
The applicability OF thetestmony TO the counts
n the declaration, were also asked.
The Court summed up Its own judgment in In |
'tIuctions to the jury as follows:
II the jury shall find from the testimony that |
he plaintiff was engaged in the iron business T ,S
contract mat material and falsely fcPresented the
sas n sS Of
contract, and was deceived In relation thereto by
.he misrepresentation of the plaintiff, such mis-.
he plaintiff would not be entitled 70 recover.
Il, however, the jury and that the defendant
,Sa ~ g.. With the business and
profit for himself I'd the purchase and sale OF the
material in controversy, or ether considerations
han q reliance upon the reprcseatatien of the
plaintiff, the PLAINTIFF arc entitled to recover
The ease was opened by Mr. S. Philips for the |
Mr.. Cox followed for the defendant, |
md the agent was closed by the plaintiffs coun-
The jury retired at O'Clock, with instructions
o retdrh a scaled verdict, and then to consider |
themselves discharged until Friday morning.
CASES To-NoKkuw,
The following cases were assigned for trial to- |
morrow, but Il is not likely that more than two |
Numbers 49, ll9, 2Oe 242 2sa, $780, LOT, ls, lsi, 2le
md 374,
morning next
0GrTASs G"gs,SHqaEs ,dH,s,ns PS,SelThe Or
WILL LOST. /
Emilia +. Brown Va. David Brown. This is an
.ctlon to set up q lost will Of Lewis IL. Brown, |
indcr the alleged last viii, against his heirs,who
viii inherit II the lost will be not properly set up
md its contents proved. II is alleged that in
will cannot now be found, and evidence 10 pre-
entcd to the court of the fact that he made the |
viii In question of its contents.
sSnnn Mr fo"h ior ths SRsssr' Rs. Tor '"S "'"o" ""D "
LAST WILLS AND iEstFagsTs.
The will Of Lucy II. Miller, made in tliis city
IN the 9th day of April, 1861 in the presence OF
leo A. Miller, r. Habbre and +, A. Ashford,
vas partially proven. The tcstatrix bequeaths
III her property to her sisters, Maria and Har-
let, for life, and then 800 to Mary Washington
md the remainder to her brother, Thomas Miller.
The will Of Maria Miller, made on the same
lay and In the prcsrn6c Of the same witnesses,
vas also partially proved. The testattix be-
luoaths all her property to her sisters Lucy r.
ind Maria Miller, for life, then 400 to Mary
and the remainder to Thomas NIL
or, brother of the tcrtatrix,
PETITIONS. >,
Upon the petition of NJ. A. TruXell Guardian
If her childrcns property, she was authorized to
cl certain of her wards real estate on N street,
rear Thirteenth street.
Samuel 7. Robertson was qualified as admins
rator of Eliza Wilkine; giving bond IN tl2 1000,
With s. Cassidy, Chas. Lemon, j. W. HonI and
fco. Follinshee as Bureties.
The same party also was qualified as guardian
Il Jno. l.. wilkins, giving bond In 5000, with
Ihas Lemon and Jno. W. HonZ as sureties.