Marine Court.
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March 27.-Wiiiidm MatheWs Leus Curtis, ct ais -
This action bond. The circumstances as
forte from Mr. Henry Coulter auconeer in Ann street,
for hch he received McAdden's check Coulter brought
action the check in the Of William Mathews,
aedgng that the Piano belonged TO him. that he sold ns
his agent obtained Judgment against McAdden, and
about to issue execution McAdden gave bond to
stay the execution and procured Mr. Curtis to become his
surety upon this bond the present action is brought


The record of the Judgment and the bond were given
in evidence For the defence, release signed by per
causes of action and of the bond, which the present
suit brought released To rebut this testimony
Mr. Henry Coulter who sold the piano produced he
proved that he knew the plaintiff and that he Coulter had
acted as his agent under power Of attorney, which
he produced and proved and then went TO testify that
the signature to the release was not the hand writing o
the William Matthews for whom he acted, and TINT the
consideration given for the check upon which tc fudg
obtained, the actual property Of Matthews


This witness underwent long and searching cross
animation by MIR Platt for the defence The defendant
then produced witnesses to mpcach the char
acter of Coulter for truth and veracy Amongst whom
were Horace Dresser and - BSley Esqrs., two
bers Of the New York bar Those witnesses all
that his character for truth and ee1c, was bad aud that
they would not believe him o. his oath Two witnesses
then produced 10 sustain te character of Coulter
they proved that they had known him Tor three four
years. and they would believe him under oath. AZ this
stage Of the proceedings Mr. pnnhE counsel Tor plaintiff,


illness and to give the painth an opportunity TO produce
other witnesses to sustain the character Of Coulter Tho
ourt said that counsel stood up and stated that he was
unable from health TO proceed with his case they were
bound take such statement into consideration and 10 be-
lieve IT, and upon that ground the Court would adjourn
but the Court cannot will not adjourn to give party
opportunity TO hunt up witnesses when the party knew
the Of proceedings and should prepared and
added that II wond not allow any witness TO be examn
ed in the further progress Of the trial. but those already
subpnned and which were then in court. His Honor
then directed the Of the witnesses both sides to
be called over, and that the counsel should exchange
lists with each other and adjourned further proceedings
until ito morrow this day.


Dibbe, Esq for plaintiff Platt Esq, for defendant