The national Republican., 1869-02-05
THE gOURTa.

DISTRICT SUPREME CoURT-Gensrdl Term.
Chief Justice Cartier and Justices Wylle
and 0lln sat IN bdne yesterday, and were oc'
cupied with the following cases;
Rees J. Millard vs.. National Bank Of the
Republic. This case, which was reported ut
length on the trial below, comes on defend
ants exceptions to the ruling OF the court.
The National Bank Of the Republic paid
check for ss59.09, drawn to the order Of r.
J. Millard, on what the plaintiff contends was
q forged order Of Millard's name Millard
afterwards demanded payment TO himself and
was refused. He thereupon sued, declaring
upon special count setting forth the check
and the circumstances surrounding Its pay
ment, and also o count for money had and
received. The Jury found below for the
plaintiff. At the trial the defendant moved
a non-suit on the ground that the check not
having been formally and separately ac-
cepted, although payment Of the check upon
the forged endorsement Of the plaintiffs s
name was proved, the plaintiff being payee,
had no right Of action against the bank. The
court refused n non-suit, and the defendant
excepted. Amer the evidence was closed, the
defendant again asked the court to instruct
the jury that for want Of an acceptance OF
the check the plaintiff could not recover; and
also prayed that II be so worded as to inti-
mate that there had been such negligence on
the part of the plaintiff that he could not re-
cover, and to the courts refusal to give these
instructions tho defendant also excepted.
The defendant also excepted to the instruc-
ton Of the court that the existence, genu-
ineness and contents OF power Of attorney
require strict proof
The case was argued by Messrs. Joseph II.
Bradley, jr., W. s. Cox, and E. L. Stanton,
but was not decided by the court.
Harding & Painter VS.. Washington and
Georgetown Railroad Company. On motion,
leave was granted the plaintiff to amend his
petition.
Adjourned.
CRIMINAL CouRT Judge FIshsr. - This
court was occupied us follows yesterday:
Wm. Hill. Larceny Of two pounds Of but
ter from Chamberlain & Kelly; guilty, and
sent to Jail for ten days.
VIM. II. Baily. Larceny Of tools from
Bean & Co. This case, len over unfinished
| from yesterday, was resumed and concluded,
the Jury finding the accused guilty of the
act, but valulng the tools at S33.37 instead,
thus reducing the offence from penltentlary
offence to one punishable by Imprisonment
in the Jail. He was found guilty and sent to
| Jail for one week.
VIM. White alias VIM. Smith. For OBJ
tanning under false pretences, from Nancy
Bundy, watch worth $50 belonging to
Armstead Bundy; he was found guilty and
sent to the Albany pcnltcntlary for four
years.
John Collins. For stealing gun and over
coat from VIM. Skinner, and some carpen-
ter's tools from Robert Meredith; he was
found guilty and sent to jail for one week.
A noLe prOSsyi was entered In each Of
the following cascs; Thomas Bowie, for
assault and resisting Officer John W. Davis;
James Marshall, for rape on Rosa Ward in
August last james W. Sprlngman and &.
Sprlngman, for Resisting Officer Yeatman.
Adjourned.
Equity CoURT - Judge Olin.-A single
order was made In this court yesterday:
johnson VS.. Mcleod. Order extending
Tina within which IN flle nnsunr In n rnIe N