Common Pleas.
{"newspaper_name": "The New York herald.", "edition": "01", "page": "p2", "byline": ""}
{"character_count": 1902, "word_count": 342, "ccnet_language_score": [0.9544000029563904], "ccnet_perplexity": [1743.699951171875], "fasttext_language": ["en"]}
DeloIU Juuko OlSnOeuer


DEC. 3-Witldm Kobbe ps. Joseph Kerr William .
keT-This is an action for the recovery of promsso
note given for bill OF crockery amounting to S9ls
at months, from the l4th November, lS4a and alln
due on the l4hl7th May lS45. The plaintiff in this
resides in this cty-the defendants in Philadelphia o
the l4th May last the defendants purchased sight dr
OF Messrs. Clark s Co responsible brokers' Of Phad
phia upon j. T. Smith & Co, resident brokers in Wa
street. for tho payment of the note The draft d,
ly to hand. and was presented to Smith Co., who,
return gave their check for its amount upon the Mel
chants Bank, 10 the plaintiff, who instead ofdraSng tn
money thereon had It passed to his credit at the Bank
America On this day, the 10th MayD it was snow
that smith Co. were IN paying circumstances but tht
on the following day they suspended payment Tbs
succeeding the one they obtained it, it dishonore
also show that, by letter introduced as received b
them from the plaintiff, they ackno ledge the
ton OF this check and attempt is, therefore, made
exempt the defence from further liability it is ais
shown, that the plaintiff this check by sxhibi
ing in court the bill filed Chancsry by him. where
full admission to this effect is acknow lodged.


The Court merely charged If the pliin i'll violated n
duty in this transaction, then is he entitled
IT, on the other hand he pursued contrary course ths
IS the custom among merchants, by not immediatel
drawing the money upon this check then the defence
an available one was simply question OF fact, al
IT the jury satisfied that the plaintiff regarded the r
ceipt vt this draft upon Smith X Co full dscsa
their claim upon the defendants then fail 10
cover sealed verdict on Friday morning


The jury III the Case OF Petty Mann Stewsrt, RI
turned verdict OF r3UI tor plaintiffs


Adjourned until FRIDAY, Al the usual hour.