This case appears in the National Intelligencer of this date.

The facts are these :

One Gillespie had obtained from Eaton and Hubley, Commissioners under the Cherokee Treaty, a certificate of $2,506. On this, $250 had been paid out on Gillespie’s order, leaving due on said certificate $2,256. This certificate came, by endorsement of Gillespie and assignment of one Alexander McGunnigle, into the possession of the plaintiffs, who, through their attorney, made application for payment to the Department, or the proper officers thereof. An order from the Secretary of War was given to the Auditor, who passed the account notwithstanding the objection of said Gillespie, who was making effort to stop thepáyment. When the account came to the Second Comptroller it was delayed for some purpose or other. At this stage an injunction was prayed by the said Gillespie from the Circuit Court to stop the payment of the said certificate on the ground that the same had been obtained by McGunnigle by gambling, and that the said assignment was void. On this injunction the usual bond was given by said Gillespie, and sureties in the penalty of $1,000, that he would prosecute his suit with effect, &c. Shortly after he (Gillespie), without the knowledge of the other party, obtained from the Department the amount on his certificate, *286and immediately dismissed bis bill in chancery. The Court permitted the defendant to show that the certificate was obtained by MeGunnigle from Gillespie by gambling, and that the statute of 9 Anne chapter 14* in relation to gambling, in force here, rendered the assignment utterly void, •and the jury was instructed to render merely nominal damages for the plaintiffs.

Verdict for the plaintiffs.

Judgment for one cent damages and cost of suit.