New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-01-10
NETWORK DAILY TRIBUNE FRIDAY, JANUARY TO- 1865

tie plasptG charged that the defenda nj, policeman
had witscut cause brutaly assaulted h l. aHu IN WITH
the defendant claimed that the assault W. t ga
M the discharge OF ms duty and IN conseqh s,so r
demand was FOR 5000.
The suit of Fish eft al. act. The Chicago and
iock Island EailFoad Company and otheIs "hlAa us
been already reported up again before the suinems
Court Yesterday motion TO pnnish the President I'd
Secretary FOR not appearing ard submitting to an exam
nation as for cohaempt, and for order p0inaS
receiver Of the company The President ana secretary
appeared and were discharged from the attachment.
James NJ. Cnrran, a boy of II years, was
PLAYING at hydrant n Jchn-st, Brooklyn In August
lso5 and was rIn over by truck belonging 70 Aessts
Lake d 60. lie, claiming that 1t through tile negl
gence OF Their driver, sued them I'm the Supreme Court
fer $OO The defendants did deny the facts OF the
injury or IT'S seriousness but averred That IL was the
fault of the boy himself aud that their driver most
careful The jury without leaving their seats found
for the defendants.
Judge Troy of the Brooklyn County Court
has granted. application Of George Olncy, wit Of
abeas corpus requiring the Sheriff OK the county to pro-
duce the body OF James b. Oney son of the petitioner
who had been confined IN the County Jail warrant
granted by the President OF the Court Martial Of the
Regiment, for nOn-payment OF dues The petitioner
claimed that the boy wac not legally member OF the
regiment as he minor and had enlisted without
the consent Of his father. The defense set mp
that, although such consent had not originally
been obtained, the father had subsequently
sanctioned the enlistment. On the appearance OF the
parties before the court the father testified ta hot only
had he never consented to the sons enlistment but upon
learning IT, lie had personally applied TO the command
lug officer Of the regiment for his sons disenarge
ordered tho discharge of the prisoner.
Before Judge Barrett, III the Court OF Com
mon Pleas, an opinion rendered IN the case OF her
IN lieu Of bail is liable satisfy Judgment On the 2ith
Of last October the defendant arrested ana beng
AarOnsOn Bross check for - 800 and took from the dep
uty receipt which specified the object OF that deposit
The Sheriff deposited the check with the Clerk Of this
Court defendant did not give ball. permitted by
section l99 aud judgment for S Il entered against
pies, under section 200 for order requiring the CLERK
% satisfy the Judgment out Of the moneys IN his hands
Nh.
deposit lieu of ball. and he was IN Court ready ana
willing 10 surrender himself, on any execution when
might issued against his person. Joseph y. AarOnscn
Of defendant, also makes adavt 10 the eject
tbat he g. 500 h tho property OF AaronsO Bros and
that the defendant has interest direct or Indirect
either that those moneys After reference 70
varous sfaIt,s and acts Jndce Barrett remarked that
Que case seemed TO he directly IN point Bn ag Iurner
/, Tyrwhitt aud Gldu r. SOD III which, on decnudhts az
rest, Mrs Lake refused 20 become special Dd but PAD
los. Court The plaintiff having obtained jadg
ment, procured rule niSt why TINS sum Should hOt DC
taken OUT by him In discharge OF debt The de-
PENDANT had rendered himself 10 prison. the Court
made tie rule absolute Parker Il, remarkg she OTIS
Lake, can only have the money back the terms
a. ne could have done the only distinction between the
English and our code being mat, under the former .ie
action, while under the Latter such IS the fair import OF
the provision Tor rs pay meht TO the pl@mt upon Inc
In the United States Supreme Court the Le-
gal Tender Act OF Feb % 1862 touching the payment OF
private debts considered. On the 10th OF December
executor, etc. OF Arthur Bronson deceased
mortgage upon certain lands in Ere County New OK
1884, in gold and silver coin, lawful money OF the United
Sacs" with interest scni-annualy, IN com ns atore
said with payments bOth VI principal aud Interest 70 De
made in such place the City OF AeWIogk - bronson
should appoint aud in default Of such appointment 10 DC
made To the credit OF Bronson IN the Merchants Bank OF
EewYork On the 18th of March, lo's. the mortgaged
premises conveyed 70 kodes, who assumed the pay
nent the mortgage and paid the interest thereon as II
accrued Up time Including the interest due jan 1865
the 10Th Of January 1865 ROdes rendered To Bronson
In the City OF New-YOrk 81 IN United states legal ten
notes. and requested him 60 accept SUCH payment III
satisfaction Of the mortgage, and 70 execute discharge
Bronson refused To do this claiming that the MORTGAGE
should paid gold silver coin. AT the time 81 the
tender the market value tho CITY 81 NoW1Ork Or IgaI
tender notes. compared with gold silver CON- was
from one 10 two and twenty-five one huncredths. Tue
pnint contends that the mOrtgagor having Tor
a valuable and adequate consideration, engaged 10 pay
O. 400 gold silver coin the condition OF dlsoafg
ing his land from the lien Of tie mortgage, he must SNOW"
Ina order sustnu mis- action that ne las performed VI
has offered perform his contract, as stipulated OF
has been prevented from performing BY tie defendant
10 ento himself % the relief demanded Inc otIrAdaht
IN error maintains c theory vi the court below, contend
ing thai tie real intention OF the parties was 10 secure
payment OF the mortgage in lawful money, &c, ahd that
Congress possessed the power 10 pass the act IN
question. and the courts should enforce H. j. - Town
send and H. L. seldom for the plalnta ia error ana
). 5. Rogers FOX defendant IN error.