Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-10-06
THE CaURrs

COURT IN GENERAL Term.
Yesterday afternoon when our report closed,
the court was engaged In hearing the following
cases:
SUIT or PRemrssoRr NOTES.
The case Of Washington City Savings Bank
against Boswell & Cullinan was argued-Mr.
mattingiy for plaintiff, and Mr.. L. G.. Hins for
defendants. The plaintiff sues on two prom
tsory notes, aEgreeatiDg 81 500, given by Bos-
., last, which notes were preSented for payment
and dishonoTed. The defendant, Cullinsn,
plead that he did not promise as alleged; that
he did not receive due notice OF the dishOnor OF
said note as alleged, snd that the plaintiff
ought not to maintain its action, because he did
not pay TO him any consideration whate yer for
bis endorsement, and that 10 was an sccommO-
dalton endorsement, without srY consideration
from the plaintiff to him. or from any other
person 70 hlm' me case cafne mp IN the August
special term, and on motion of plaintiff for
Judgment notwithstanding pleas, and such
Judgment was entered, and defendant CuIlinan
appealed.
The defendant (apreIlant1 maintains that the
order made by the court below is, in effect, an
entering up of final Judgment for the plaintiff;
that II the pleas OF the appellant we're bad in
substance OF in form the plaintiff should have
taken advantage of them by demurrer; that
the appellant having pleaded within the time
prescribed by rule OF court was entitled to a
trial by jury; and the judgment of the court
belew is error and should, for the foregoing
TeaE0Ds, be reversed.
The case OF Merriman against Hoffman
bin for an injunctiO and for an account grow
su5d.
THE JACOBS LIFR INSURANCE CASE.
The case Of Catherine Jacobs agt. The Ma
uonsl Life Insurance Company was taken up
MeesTs. X. T. MeTrick and J. G.. Kimball for
plaintiff and Stanton and WOrthington for de-
fendant. This is an action on policy for S5 900
Issued on the life OF Edward y. Jacobs, and the
case has been twice tried, and now comes up the
second time to the General Term on exceptions.
The first is that the court admitted in evidence
the policy, TO which defendant o biected, because
variance between "a he'd in fba
declaration. The second, that evidence was ai-
mijted that the premium was not paid until
some time after IL became due, and it was usu i
- accept an overdue premium at any time with
in month. That the defendant put in evidence
the application referred to in the policy, and
proved number of facts tending to show that
tle insured lay down at night in the Smithson-
ian gre unds, IN cold weather, and FIR "a death.
L he plaintiff, in Tebuttal, called A. X. Jacobs,
a brother OF the insured, (whO held a 900
policy on his brothers. life in another cOmpanyO
who testified that mp To O'Clock of the morning
OF his brothers death he had done nothing
about finding him, but was thea about to do
something On cross examination this witness
said he could not recolect that his brother had
ever staid out all night before; but being
pressed, he admitted that in August, 1872 the
insured had gone to Arlington and remained all
night, and that the witness and the plaintiff, his
mother, were very uneasy about Edward that
night, and thst some time the next dav the wit
Dess went home and found his broth Or there.
On redirect examination he said his brother
told him how he came to stay out all night,
and, without having in any manner fixed the
time when this occurred, he was asked by plain
tf's counsel, "What did he say induced him to
do it?' The defendant objected; the objection
was overruled, and the witness answered that
his brother told him he had gone to sleep or
tainted at Arlington, and slept there all night
The refusal to exclude this answer from the
jury is the ground of the third exception.
EQUITY CoURT-JUdye Humphreys
The october term OF this court was convened
to day. In re. $50, 000 trust fund; order direct
decree substituting : 6 Pal
il place of U. .. Howard. Mclean agt. Fal-
coner; decree confirming auditors report.
Close sgt. Close order TO issue restraining order
Bailman agt Bailman. ct. al; order amending
decree. HOvey agt. Mcdonald and White;
restraining order Issued. Phelps agt. same; do.
Robertson agt Mcdonald; do. Phillips agt.
fAlIhns; order extending time to nsTer.
PROBATE CoURT-Judqs DIN.
To-day. In re Mary Roach, guardian, petition
for revocation of guardianship filed. The will
OF the late j. Thompson Van Riswick was ad-
e2ecutriX-bOnd, 50 600. Letters Of admins.
raiion on the estate of John Usher. deceased,
were granted TO Il. X. ElliOt-bOnd 81 Geo. Also,
letters OF administration on estate of Maria f.
bond, 81 200. Also, 10 James z. and Robert
Wlllett on estate OF Rachel NJ. Wilett-bond,
5000.
POLICE CoURT-Jtdgs Shell
To-day, Mr.. Gloss stated that he had cousid-
cradle trouble in getting certain Bibles from
MI. smith, pawDbroker; another process had
hearDey Oh Mir. Smith. who had not Obeved the
SUMMONS. He (Mr. Glossy therefore asked for
an attachment now to bring said paWnbrOker
into court TO answer a charge OF contempt Of
hCer Kearney made statement that he had
waited on Mr.. Smith, who demanded pawn tick
cts tor the books, which he (wItness) produced.
Mir. ). promised to have them at the court at
O'Clock. At later hour he appeared with "A
n emOTaDdum taken, as he said, from his ac-
count books, but had not found the books. He
also said he could not find them, and they might
set out q search warrant. The cOurt ordered the
attachment TO be issued. Eliza johnson, mali
cious tIespass in breaking the windows of Eliza
Bell, her next door neighbOT; s.. Lewis Clark,
larceny OF sack OF flour worth . cents: 40, or
30 days in jail Mary Baker, loud aud bolster
0ns; 20. Chas. King, profanity; g. Valentine
Hazlett forfeited collateral for profanity. Julia
BbDks, a vagrant, was sent down. 4 ones Riiey
load and bOisterOus; So John l. Cassidy, pro-
family; forfeited collateral. John shaw indie
cent exposure; IS. James II. Jones' disturbing
profanity; So Bartholomew NOoaaD, same; s.,
Josephine Hall, vagrant, was sent down.
SaIah Williams, same. James Clark, same; s..
Peter MODahaD, charged with selling LIQUOR
without license; fined sos An appeal was
taken. Mary A. Curtis, assault aud battery on
John Curtis, her husband, cripple, by throw
ing hum down and threatening that Ii God would
not take his Life she would. She gets drunk
every day; 500 to keep the peace. David Bell,
assault and battery OH Mary Birney; $40. Os,
car Mercer, charged with throwing stones in
the street; 50. John n. Evans, assault and
battery on Mary A. Hough; $40 aud costs aud
bonds 10 keep the peace. Charles L. Parker,
assault and battery on Joseph DOZier; go and
&C ats. John Hall, assault and battery on Frank
bonds to keep the peace.
Rev. GIeudeuutnu's Trial