National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-06
THE COURTS.

@
SUPREME COURT-GENERAL TERM.
In this court yesterday, Chief Justice Cartier
and Justices Wylie and Macarthur sat for the
hearing Of appeals and other business.
A. A Lipseomb IT,, was admitted to the bar OF
this court, on the recommendation Of the COM
Thos, O. Fullerton, Of Alabama. was admitted
to the bar, on the motion Of Gen. Henkle.
Z. D. Copp VS.. James W. Campbell ct al. This
case comes up on the exceptions Of the defendant,
John II. Nash, assignee, &c, to the auditors re-
port The defendant excerpts to so much Of said
report as gTes EN- S TS o5S aS w me me
1.-The auditors report on the distribution of the
fund having been filed on the ID day Of June, A.
ID. 1874 and no exceptions thereto having been
filed, so far rs the distribution made thereby to
F1k e. RsSd ssT TT Il Is
that the said auditors report, so far as Il makes
distribution to the said Frank g. Davidson, be,
and the said assignee defendant Sullivan) is re-
Quired hereby to pay TO said Frank q. Davidson,
or his solicitor, the amount distributed In said
execution for said sum and costs"
Prom this order the defendant, Nash, ordered
The main question to be settled is, whether or
not the exceptions filed in this cause to the audi
tors report cover, refer to, and embrace the
claim Of said Davidson, and object to the allow
ance Of the same by the auditor. To convince the
court that they do, will only be necessary to re-
fer to the sixth and seventh exceptions Of said
Moore & Newman appear for Nash, and Mr..
Jones for the applies. The Judgment of the court
The next ease is Kate E. Merriman VS.. William
T. Hoffman ct al. In this case the bill was
forth that about the 30th Of April, 1872 complain
ant, who was the owner Of house, lot and furni-
ture, negotiated for q loan Of money with de-
PENDANT Hoffman, and gave three notes, bearing
date April % 1872 one for q 900 at one year. one
for e 900 at two years and one at three years for
5000 each drawing interest from date at the
-. = F,,Fa III
ally, which notes were made payable to and
Endorsed by Franklin Mace; also Endorsed by A.
Peletier and A. ]. Rogers, all Of which indorse-
ments were at the request of defendant and for
the accommodation Of complainant; which notes
were secured by deed of trust for the three
notes on the real estate described, and by an ad-
dtional deed Of trust upon the furniture to secure
the two notes first mentioned. That the notes
were antedated, in order that the defendant
should receive such extra interest That de-
PENDANT also deducted from said sum $50, nomi-
nally for his commission; also about $3.50 for anote
OF one hstson, In1OIsea ~ nus Ea
a loan of $50 from defendant TO MattsOn, and for
which he received an assignment Of an interes.in
q claim against the United States pending in the
Court of Claims, which reservations were made
for the purpose Of evading the usury laws.
The first and second tnstalments Of interest
were paid as they became due; also the first note.
On the 10th OF October, 1873, demand was made
for the six months on the two notes to become
due; and complainant having M oeeome emoaT-
Co., placed in the hands Of defendant two notes Of
said firm for SlOl.73 each, dated October 10, 1873,
and payable TO and Endorsed by Charles Ewing,
and payable with interest at three and four
months from date, with the agreement that SUM-
eent of the proceeds Of said notes when collected
should DO applied toward said interest. That
the frst note becoming due defendant, without
notice of its nOn-payment, advertised the prop
erty for sale. The prayer is Tor an injunction and
account and offer to pay whatever may be found
to be due.
Defendant Hoffman answers, admitting the
notes and deeds Of trust; denies that the indOrse
male At his request. but that COM
plainant undertook to furnish good and respon-
sible indOrser;. denies that the notes were ante
dated for the purpose Of obtaining extra interest,
us he was merely an agent in said transaction and
attorney for the parties advancing the money;
that the agreement for the loan was on the 10Th
April, and the papers made out and the money
placed in bank for the purpose but that complain
ant delayed in executing the papers; that the
parties advancing the money were Mrs. p. W.
sum of 5000; denies receiving sl5O, but that he
did receive 500 for his services in the matter,
5 5ed nSso nj G Of of tRd MatS
note; admits the payment Of the two in
stalments Of interest and the first note.
plicatlon to the court, were admitted as defend
ants, and answer: Admit the deeds of trust and
notes; deny that complainant negotiated with
Hoffman for loan from him, but that she nego-
tiated for the loan through her husband. Messrs.
Mace and Rogers, and Hoffman, who were we'll
known as procurers Of loans for commission; that
Hoffman did not advance any part OF the loan,
but that respondents advanced q, 900 upon HoltZ-
mans application-S6,OOO by Lindsly and 5000
by Page; that Hoffman, on the 18th Of April,
1872, called upon respondents, representing that
he was agent for complainant, and desired a loan
OF e. 900; that the money was deposited in bank
on the 10th of April for that purpose, and there
remained without interest until the notes and
deed of trust were executed; and deny all knOwl-
edge Of the amounts reserved by Hoffman from
said sum of $500.
The case was not decided. Adjourned.
CRIMINAL COURT-MR. JUSTICE HUM
PHREYS.
This court was engaged as follows yesterday:
VIM johnson and Albert Davis were placed on
trial, charged with stealing q saddle and harness
belonging to H. W. Thompson, and setting fire
to ThOmpsOn's house, on the Sd Of August last.
Judge Fisher appeared for the United, states, and
Mr.. Garnett for the defence. The jury returned
q verdict of Ruilty Adjourned.