Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-11-18

UsiSra Ax~ - # IN
Tlhs abotissists, who srs deily eassssius these
nsss which they would chsriisAy refuse to suffer
ing white man, would examine them with view to
the acquisition Of facts to be made serviceablc in
the enlightenment and social improvement Of the
savages Of Africa instead Of seizing upon them to
promote their own mis- chic viovs schemes, they
would receive the CONNIE ndations of all good men,
and earn right to the name OF philanthropists.
-----.s-~-s---s superior AGewrs.
-sN.stgaH Before Judge Oakley. &
Myer Lepi, VS.. w. Coventry H. WdddeiI,
to test the ownership to certain furniture, plate, etc.
alleged to be In the possession OF Joseph l. Joseph
the acting member Of the late firm ofJoscphs Co.
OF Wall street.
Ii appeared that in the month Of October 1888,
writ of il. fa. was issued from the Y $. Circuit
Court against the Josephs at the suit Of Robert s.
DXon on the part OF the Bank OF Atchaalaya La Tor
about $1,000, and the property in dispute was
levied on by he marshal, at 4 house No. 4SO Hous-
ton street, said to be the Residence Of said Joseph
l.. Joseph The right of the marshal to make
levy was disputed by Myer Levi the present plain
tiff, who alleged to have right to the property by
virtue Of deed Of trust executed by J. p Hullin,
secure the OF the furniture in que ston
to the wife and children Of Joseph L. Joseph. This
deed Of gift to Mrs. Joseph Of the settlement
of various transactions which the essrs Joseph had
with J. p. Huln, behalf Of the firm of Barrett s.
Co. OF New Orleans, of which firm he was the acting
partner in this CITY,
i appeared in testimony, they were indebted to the
firm of Barrett 4 Co TO the amount Of S235 600 and
that after the failure OF the house Of Josephs James
Foster, Dr., OF this city, and j. r. Hullin, were de-
puted to settle up the accounts and effect compra-
mise OF the debts due by the Josephs tn Barrett CO.
For a considerable time negotiation could be
effected, but on the morning Of the 10th OF December,
MIR. HulIia proposed to Joseph l.. Joseph, Solomon
5. Joseph, and Moses Henriqaes for them to as
sign certain stocks and real estate, togetherw the
whole of their household furniture, and to give them
IL. - u. g. r..
The Messrs Joseph asked for time to consider,
and until the next day given them to decide
thereon. They went home to the house in Houston
street. held consultation, and the next day gave in
their assent to the proposal The several matters
were then in due form passed, though the books Of
the firm and the assets thus made over, stated
to be Of the value of $l24 $50 SO. The household
furniture and effects were there included and thus
entered in the Journal Of the firm.
DR. to Joseph l. Joseph, plate, furniture, Sc $4,000
solomon L. Joseph ditto 500
8 Moses Hennques. ditto $500
learned counsellor at law was then instructed 10
draw deed Of assignment, in which the three part.
renowned all claim to the furniture and effects
In their several houses mp town. and formal posses
sion given by the symbocal transfer Of silver
spoon, the part of each 10 MIR. Huin in the pre-
sence of several witnesses, Myer Levi being of the
number. Two days after this transaction, MI. Hull
lin presented himself again at the Office Of the
Messrs. Joseph, and announced to then, his inten-
on to present the three parcels Of household frrni
ture to their wives and children. This liberal offer
was consde red to be such God send" by the firm
that they, albeit. unused to the melting mood "all
bursted into tears"
"What, Sir" said the learned counsel for the de-
fence, when Solomon Joseph was at this part Of his
narrative, !" did you all shed tears!'
Yes, SIR, replied the witness, all Of US wept y
as it possible?' exclaimed the matter ofiact
lawyer; well. Ishonld not have thought all would
have wept"
The same day as "thc weeping came Off" a fresh
transfer made Of the furniture 20 Myer Levi who
boarded in the house II Joseph LJoseph, but did
1,<~ -
town to whom he gave the preference Of lodging
with"
In rrder understand this part of the case, il is
necessary 70 relate nsas.y T the word. o. the wit
9sassa Ap&al MfyHa6af1y clerk in the eonMss s ii
the Josephs, at $3.50 per annum When the honse
stopt he set up for himself broker, ON capital
which he had accumulated from his salary. About
the same time his father died, having made Joseph
Joseph his executor, and leaving Myer Levi lie
interest In some property to the amount Of 81 SEQ
per annum. Previous to his death the elder Levi
had foreclssed on . mortgage, which he held on 10.
seph Josephs house in Houston street. the properfv
Of his son-in law, and that foreclosure Joseph who
wac now both mortgager and nortagee, followed up
until the property was sold under order from the
Court OF Chancery Levi became the purchaser
his own house with. AMI Levi finding the balance
himself
All these circumstances tended to raise belief in
the minds of the creditors that some eolluson sx-
listed on the part Of Levi aud Hullin TO reserve
the property to the members the firm and the reby
deprive the other creditors Of their legal rights 10
fair participation in the whole Of the assets Of the
insoivents.
The plaintiffs having proved the foregoing facts,
Mr. O'Connor, on the part Of the defendants, moved
for = non-suit on the following grounds.
Tat upon the facts in evidence, Il clear infringement of
law that the sale OF Haln, and the subsequent sale 20 Lew
cyuslve and auduent device cover the property
and put beyond the reach OF the creditors for the Of
the debtor or his family
That the sale BY Jo-eph L. Joseph Hun was sot nc.
compand by Immediate delivery Of the thrcs sold and
by actual and continued change OF the
there, r.
he aleysd trust. in the assignment Levi 10 not valid
That ssd assignment Myer Levi frauduu nj and
void hcauss not scccmp BY imne delivery Of
the things sold aud followed by actual and continued
Of posse sion.
His honor delivered his decision At great length
and said the case must 60 TO the jury.
The defendants counsel then examined several
witnesses to show that fraudulent collusion must
have existed between Huln and the Josephs, but
the principal facts which they relied on, was the
fact Of the sale Of the house aud lot In Houston
10 Levy. for $4,000, when . witness gave il rs his
opinion that il ought to have fetched $4,000 or
$4,000.
II was, however, shown that the sale took place NJ
Bleeckers auction room, that a large numbero Of per
were present. and that the sale was advertised
in all the papers.
The deed of assignment made by Joseph To Hullir
was then produced. II bore date the 10th of Dec
Mr. Grifn, who drew up the deed testified that to the
best 81 his knowledge lac received instruction 10
draw il on that day. Now both the Josephs swore
that the conclusion to give the furniture 10 Hulin