National Republican., 1877-01-24
THE COURTS.
Supreme Court of the United states.


No l72 N. s. Donaldson, assignee, SC, plain.
s IN vn. SrrOr W. 5ohH h IHTMe St al TIT;
counsel Tor the piaintin in error. and submitted
on printed arguments by Mr.. y. Mariner for the
No. ia John K. butcher ct al, appellants, vs..
A. ,; Wright; assignee, &C. This cause was ar
Eued by Mr.. William 4. Lyndc, Of counsel for the
appellants, and submitted gu printed arguments
by MIR L MARINER for the appellee.
No. lis George q. Erskine, collector. SC, plain.
10 in error, VS.. The Milwaukee and st. Paul
No. i;o. The Milwaukee and st. Paul Railway
Company, plaintiff in error, vs.. George q: Frs
ted On printed arguments by Mr.. Assistant At
torncy General Smith, oicounsel for the collector,
Milwaukee and ST Paul Railway Company.
No: l7i. George W, Thomson, claimant, &c,
SpIGllatntM, H. n' charles T. Bills: ct a. Tie %Tgu.
i, Lyndc, Of counsel for the appellant.
Adjourned until to-day at ~ o'clock.
supreme Court of the District.
iIGu phrcvs and Macarthur On the bench,
Partnership ACCOUNTS AND INDIVIDUAL CON.
TRACTs-NoTEs GIVEN ~ CoPARTSERsHIp en-
CEEpISG THE AMOUNT or INDEBTEDNESS, AND
LEGAL ricnT TO GET BACK rnE ENcEss-rnE
QUESTION or MAGISTRATES JURISDICTION
COMES Cr ToR SETTLEMENT.
Nelson J. Hillman, trustee. VS.. VIM. Stickucy
OF 81. Decree, BY consent. was submitted in this
dissolved, and the bill Of complaint in the cause
be dismissed, and the complainant pay the cost of
Holden n Ford vs.. Geo W. Llnvllle ct al. This
December 20, $50, q. II Holden and Samuel
ford entered into copartnorship for the purpose
Of building and selling two rows OF houses one on
Second street northeast and the other on Elev
enth street northwest, and for no other purpose
whatever, and tho partnership continued until
December, lSI2. During the continuance of the
partnership the plaintiffs opened an account with
the detenoants for lumber to bc used in tho cree
ton Ct the 50 two rows of houses, and tho lumber
20 purchased was charged by the defendants on
their books TO Holden FUrl During the same
period Chas. H. Holden In his own name and for
his own use and benefit exclusively, purchased
ings which he was erecting, and In which Ford
hed no interest, which lumber was charged to
Chns. II. Holden Individually
On or about November |, ISL, Ford and Holden
executed and delivered to cndants their prOms.
sory note for sb,0vo, and on or about the 9TH day
Of November, 1871, their other promissury note for
*1,oC0, on account Of the copartncrship Indebted
ness. Previous TO the making and delivery OF
dcienG ants to plaintiffs OF The amount of lumber
purchased by the copartncrship, ind 1t was repre-.
sentcd to Ford that the purchases on account OF
said notes, and said notes were signed and dc.
livcred BY him with the express understanding
OF the copartnership indebtedness, and not other.
wise. The notes were signed by Holden AMI Ford
individually because neither one had the right un.
der their agreement 10 give negotiable paper
In the brn name, and also because sail oop irt-
ntr'hip was not general one, but limited to the
Vile requested that they be 50 signed. After
the making AMI delivery OF said notes, defend.
ant,, upon f"rd's demand, rendered a statement
OF their account Of purchases by the copaTtner.
ship, when Ford learned for tho first time thEt
the notI exceeded the amount Of the liabilities
OF the hrm TO the defendants by the sum OF ST.
Isal' Afterwards LmvIllc brought SUIT upon
the -l,Wh0tc IN the supreme Court Of the Dis.
trict Of C"lumbio. TO which defendant Ford an
swered, setting up want Of consideration. &c,
after which, aud before trial. Linyille discontinued
sah suit and returned sald note, cancelled, 10
Ford, thus admitting that Ford was not liable f5r
said notes beyond the amount Of the purchases
mace iur the benefit Of said eOpart rtnershp; while
the defendant had previously claimed that they
had the right to hold said notes for the individual
Indebtedness OF FOlden, as we'll as for tho in.
debtelncss Of said eopar' nsrshiy, which claim
was, however denied by Ford.
Ihe amount Of the notes so given Of the copart.
nership exceeded the amount oi lumber purchased
on account Of said copartnership for said two
lars Of which has been cancelled by the return to
ford OF said sl,OOo note, ut 10 per cent from the
included in said A. 600 note, which bore interest
Mt 10 Per cent, In excess Of the amount OF lumber
actually purchased for the benefit Of said copart-
deed OF trust upon one Of the said row Of houses
on Second street northeast. and in a division be.
passed into the hands Of the defendant Gait as
knowlsdse Of aii the iscis. The said note was wa;
afterwards paid out of the proceeds of the sale of
given to tie Tie shS ycrSet o. was IN
OF said $4,000. Mr.. StilsOn for the plaintiff :and
MI. Mattinsiy lor the defendant. Argued and
Bspj. W. SUNNY VS.. The Washington Market
Company. Tho plaintiff sets forth that on tho
Market Company instituted a suit asainst him
for the possession Of certain stalls In The Centre
market, before X. V. Hughes, esq, justice of
The peace, and that on the return day thereof tho
plaintiff appeared and nled an afhdavlt for The
removal Of said cuuse sf action TO the nearest
Justice HSgbes in violation q his duty and dc Of the
act OF Congress In such cases, made and provided,
tratc, but sent the case to Charles Walter, ESQ,
and the said Walter, then and there, undertook
TO take cognitaneo and Jurisdiction OF tho said
did render Judgment against the plalntln by
default when in fact there was no default, and
plaintiff AYERS that the said justice was Without
Jurisdiction in the premises and that his Judgment
was erroneous and void. Wherefore he prayed
that writ OF ctrfiorsri Issue against tho said
Charles Walter, commanding him to certify the
said proceedings TO tie Circuit Court. The
defendant, through It's attorney, entered a motion
to quash the writ, which was granted, and An ap.
peal taken. Argued and submitted. Mr.. J. 4.
ray for defendant and appellant, and William
Brine! for pantti.
Probate Court.
Before Register Webster.
WILLS ADMITTED 70 PROBATE AND RECORD
INV ENToEY or PERSONAL ESTATES RETURNED.
IN te estate Of Mary Ann MePhcrson; inven;
Of David Wells; order Of publication issued. Last
Will and testament Oi William II. PcmOnet ad-
mltcd TO probate. Ia re estate Of Ellen OI.eary;
J. l.. n. Murray rcnOuncod his right as executor
~ te estate 0t Ellen Il. Ashby; guardian quail
ned and gave bond. In ~ estate OF Patrick Ne
Cabe; inventory Of personal property rcturned
In re estate Of Morgan H. NattLUNs; Inventory
Of personal estate returned. Last will and tesla.
mcnt Of william Ward admitted to probate ana
record. IN re estate of Alex 4. ShiTaS; exceptions
to executors accounts In re- estate OF Samuel L.
Lows; letters Ot administration issued TO q. L.
Lewis. Last will and testament Of Icsse W
kctchcn hled. Last will and testament Of George
W. Drew; order Of publication made. In Te es.
tate OF Mary A. Kline: letters testamentlry Is.
sued to Abraham Depu0 and Isaac Kline Last
viii and testament Of Augustc Truetnuellcr;
order of publication made. Last will and testa.
ment "I Christian kratt filed. Last will and To 5.
lament Of Thomas Kerry: order of publication
made. NdlOurncd until tuesday next at IL q. IN
Police Court.
Before Judge Smell
HEIlINd SNlDE JEwELRY FOR GOLD-NoRR
TROUBLE IN THE oCoNNoR PAMILY-CHToEsS
sTEALEEs TrRN OUT TO NJ CLOTHES THIEyEs
John Dries, threats to MARY DTlG,; slo, bond,
to keep the peace. Samuel Banks, assault and
battery on james Bllheld; 80 and costs or thirty
days. Samuel Banks, assault and battery oil
H1rrisOn Washington; 80 and costs or thirty
days. Emma EllswOTth, white, larceny OF u lap
robe worth Sl2 40. Benjamin CAN'T, assault on
Bettic CAN'T: f2O and costs or thirty days Jas.
Simms. assault an Benjamin Allen; sj and costs.
Daniel Ply sic, larceny OF an oyerCoat, the prop
| crty Of George Ioll second onense; grand Jury
I.l-.. L.AN