Show z I 1 SETTLED 1 JL A OW ever tie value of 0 a 7 I 1 at the hull county court yesterday his honor judge bedwell gave his hia de ciston tit in the case of silvester vs va le ie which was a claim tor for 50 dan dam ages for an assault on plaintiff the assault consisting of the defendant cut ung one off one of the waxed ends of the th plaintiffs mustache says the lee leedel mercury Rs his honor said it was clear that an assault had been committed and a very grave one for which defendant was liable he should say for heavy damages but fortunately the th plaintiff haying having received the assault himself accepted a most extraordinary and strange situation for the defendant then volunteered to sacrifice a portion of his own mustache as a sort of mitigated penalty for the loss the th plaintiff had sustained the plaintiff thereupon accepted the situation took the scissors and cut off a portion of the defendants mustache it was true tru that the plaintiff lost an inch and L a half it was waa also true that defendant lost one eighth of an inch laughter looking at the point of law which had art arisen seti the question was the proper I 1 term to apply to plaintiff s action in cutting off defendants mustache the term waiver had been suggested but he thought it was accord and satisfaction he was satisfied it wak vaa and it took him back to a very little old case indeed in dyer whenever the plaintiff has consented to receive and has actually received satisfaction and recompense for the injury he has sustained the cause of action is discharged although the satisfaction and recompense were not one b indr edth part of the value of his loss loe in this case continued his honor as I 1 do the fractions it is the tw tv i ty part laughter A ann sei seath anth the defendant has bas given and ohp pia n tiff ac accepted apted according Accordi rg tr t h aj aa dhority of that case it a 1 d I and satisfaction and the plaint plain t IT rt r i ip I p his verdict the verdict v hare h pre fore be for the defendant v rut nut costs |