The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-04-02
SuenEilE C0ylT-S2cCIaL Tc1y.


| An Operate Orchestra Looking After Pay.
Before Judge Brady.
Louis alsrdipfer u.s. Caroline II. Bey1sard.-A de-
ckion was yesterday rendered In this case The
defendant the well known prma donna, popularity
known as Caroline Bernard. Richings, la Novem ber
1860. leased the Grand Opera House, then known as
Pike's 0pera House, and employed the plaintif m as
leaqer o. the orchestra. At the Conclusion OF the en-
gaeemcnt she was unable 10 pay the orchestra IN
| fun, and so gave IWo pioniissory notea for
/ the balance due them, and delivered iua sane
TO the plaintiff az trustee Tor himself aud ihe ether
| members OF The orchestra The defence den,,rrcd
| on tie ground that the defendant was noa resi-
den ana mat tue acllon being brought this state
instead OF nsllyania, her residence could not nc
maintained. The Judge held that TINS dc ence was
not telab in THIS case, and thai to the inden ed
ness the notes were convincing PROOF On tina, point
lie decided tha5 The plaintiff was entitled TO jgGg-
ment upon the denurre., with liberty, however, to
The d9iendant 30 answer payment Uf costs OF the
demurrer within twenty days.
After balances la stock transactions.
GieaGeniig ct al. rs Fosstt.-In this case n de-
oison was rendered yesterday. It'wlll be remem.
bered that the deendant gave the plaintiffs writ.
ten certifcation making bimself responsible Tor f.
WAeatons STOCK account VITA them rs lt stood on
tho date Of giving such instrument add indemnify
Ing them against any loss. At mis- time al. Wheaton
was Indebted 10 the plaintns for $4 2l2 Tor stocks
purchased Tor nim ani winch stocks tney had the
rght 10 sch on his account upon ais fanrc to pay his
indebtedness. Ihey notijed him OF their intention so
70 dlspose VI mem unless Tue debt was paid or
secured ana thus the written guarantee oi Air.
wheaton, WIS gwen. the STOCKS we're held on 10
Tor some time, and nnaiis sold Dut not enough was
realized 10 pay NieatUrrs Indebtedness, and thiS
acuOn was brought 10 recover the balance unpaid
sap clueAt - the guarantee Glendening ~ Davis
LOOK Ia NJ. Anory as q partner, and he ~ made n
party To tns sUit. The demurrer Is that Gcnqluuiag
DAVIS by ,ssignnQ a snare OF the guarantee 70
alter cd rs conduUns as 10 re ease the puaranlor or
4 there had not Oecn any assignment then tnat ar
hnory was an improper parry. The Court neld that
Tue assign nem WAS not OF the Guarantee, but
OF the clam, and carried the guarantee as al access
s0ly. TIE demurrer was oyefrul9d.
Dobsur, iie Alleged English Faaifiye--Ap.
rlication sor His Discharge Uponn Writ oc
pabcns Cospus--'rhc Extrnditiou lrenty A.
Bearing ON Hts Casc--A Telegram Of In
quiry sent "a Liverpool.
Thomas Dobson, tue young Engllshman lately ar
rested, as VIII be remembered, on board the steam
ship queen, pursuant 10 telegram 81 the Cnief OF
Police OF Liverpool asking such arrest, upon .he
allegation that ne had cmbezzicd G., goo and that lie
he kcpt IN custody until The English officers could
arrive and take him ~ charge bfOught yeatcr-
Gay reiOfe Judge .ard0zo, of the Sur RENE Court
upon "a VIII Oh Iabsas corpus. Tue prisoner VINO
was IaShfOnaDly uressed showed evidently very
little concern ne 10 q proceedings.
Mt. Rowe, counsel Tor the prisoner asked that he
be discharged 81 tie prDuni tnat In the Exn.ldi-
ton Treaty cmbezzlenegt ~ not included. ana that