Circuit Court.
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MAY 26.-Randoiph j. Kinney .7ndrew Winter
This action to S340 which il was alleged
deposited by plaintiff indemnity the defendant,
to bail for him. II appeared that in lsa0 Kinney
contractor the New York and Erie Railroad, and con-
tracted debt with James A. Wanmaker residing at
Ramass, N j. the line OF railroad for necessarcs
&C., supplied. The debt it appeared, not paid,
and the contractor issued writ when plaintiff was ar
rested and in lieu of bail deposited the above sum with
defendant to enable him to Having settled the
case on Sunday, defendant refuses TO pay back the
money, on the ground of its being Illegal The case
stands adjourned over till Thursday next