The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-06
Superior Court

Superior Court
Before Chief Justice Jones. NJ
Dec. 5-Tke Court occupied during great por-
ton Of the morning with the call Of jurors for the term
The non-atendants were fined S25
The case OF the American Insurance Company rs Matt
| Brewer down fer Monday next.
| Before full Bench.
Appeal from an order made by the Chief Justice,
at Chambers, allowing an attorney to become
urged that he had no power. The Chief Justice at
Chambers had said that the practice of the English law
sw ba s sass myb So bare the Court
Ii urged that would lead 10 oppression and
torton and contrary to the principles OF law page
535-l5 Johnson, was point also Wendall, 35th
psge, where the decided on that the
bal. OF an attorney was not good Application was made
Motion by Mr. BLUNT in the matter of Sanford John
a. SconIt Is an action of trover-the trustees were
properly appointed. The action was brought by them to
| recover the amount of some lumber The question is
whether they have right trustees to bring this ac-
ton was alleged that the allegation was false and the
proceeding malicious motion made for receiver,
but Scott proved his solvency The trustees had filed
another bill in Chancery against Scott for using portion
OF the debts Of the coparnerhp In the action of rover
they seek to hold him bail in $780, The sent
up by Judge Oakley from chambers II was commended
that there was ground for action Of trover and at
all events could not authorize the holding TO bail.
Nathaniel Psarce, Gilbert Wkins.-A Application by
suit was two years old commission was issued in
March last for the examination oil Horatio Client
worth which commission had not been returned bill
oil discovery had been filed by the plaintiffs, which had
not been answered Mr.. Edmonds opposed the motion
the counsel ought to have obtained order to the
order stay ing proceedings. The Court OF opinion
that the order had been waived but there reason
the stipulation. The plaintiff pay the COSTS for
not being ready to proceed to trial.
Jose L. Dias uchard-Demurrer TO I'd, 81 and 4th
pleas in the declaration The declaration is by plaintiff
executor, against the defendant plaintiff cosurety
for Castro In the declaration the defendant pleaded first
the general ISSUE and four special pleas The three first
special pleas complicated trust and the demurrer
must be sustained By the fifth plea he sets that after
the execution Of the trust he pettioned to be relieved
from dehs due to the United States and among others the
present bond. On the receipt Of this petition offer
ed by Bouchard by instrument that he should be dis
charged and Levi Woodbury. executed and gave to him
the United States $1,000 consideration. He did pay it,
and now sets up as bar To this plea there is gene
raj demurrer and this calls into consideration the vail
dty Of that discharge. The demurrer admits the fact and
consents that the plaintiff be discharged from his liability
He AYERS that he has paid the whole bond Of S6OOO and
claims $4,000 as portion from defendant co-surey.
Defendant has been discharged by plaintiffs consent the
object of which to discharge defendant without dis.
charging the plaintiff The defendant must have known
| the legal effect making him liable Can he turn
round and recover the half from the defendant Would
not be in conflict with his act The release discharged
the he renders void the discharge of the United
States and defendant would be compelled pay plaintiff
buor part can be reganed by the plaintiff he loses the
value of the release and the he has paid for
it. II the plaintiff had himself released the defendant he
certainly could not call for it. Can he do under
release from the oblig0rs with his CONSENT The
o the aSss q
Bank Of the United States was held to be important in
gredient Mnturn failed and there gener al release
given him. Seymour called on to pay the note, and
then brought action the amount from Min
turn But the Court held aud think rightly, that the
release only applied to existing debts and not to conn
gent debts and the release of the bank could not
that effect, for it did not release Seymour. The Court
are of opinion in this case as we'll principle thai
this release well taken and the could not
maintained. Judgment against the plaintiff on demurrer
but the fifth the demurrer not being well taken judg
ment for defendant
Butchers and Dyopers' Bank Bsnjamin f. Brown.-
This was an action against defendant as endorser
.c1o I,c,rI c,t l., cs,oI
ment. The bill was protested and time ofits pay
given To prove the endorsement the clerk of the
court called and he to directions having been
given him in relation any papers Marked he de
endan held securities for all amounts marked with ht
figures l2s It further appeared that the bills were first
endorsed by Dearborn alone. They were protested al
such, and the endorsement Dearborn Co, not writ
until after it had been protested for nonpaymen
President in the habit of discountng notes during
after they had been rejected by the board
by the knowledge and appreciation Of the defendant
1t asserted that the figures l29 constituted guaran
tee and not endorsement In the subsequent stages
the trial it was shown that compromise had been made
couple notes were taken discharge of the claim
of the bank and is relied by the defendant As the
obligatory force of the endorsement it is alleged that
party cannot become liable by marks uninelligble in
themselves and requiring parole evidence to prove h
meaning The custom of merchants was that the nam
should be written in full. This cannot avail 1t is set
dorsement is admitted il is sufficient designation of tn,
party to hold him. There several instances il
% nc n s
clear and conclusive that the letters written by tn
tinction taken between the law and the custom of
chants cannot think avail In action by stranger
such might avail but between this defendant and tn
parties TO whom this signature was known, the rul
cannot apply, apply in any case for the cause fails
The same considerations are an answer to the gr0un
tAat the initials were only a guarantee. II wa
not so intended, but given endorsement
the bill 1t have been drawn in favor OF Dear
born Co.. hut the discount drawn by Dearborn alone
The defect does not seem to have been discovered unit
to to correct it, and they did correct it. The plaintiff
had the beneficial right and interest the bill by dis
, counting it. The want Of the name OF the firm was
matter Of form. They could have been made to give b.
bill equity but having done voluntarily il could no
now be charged in defence. The next question is upo
the compromise. 1t seems the plaintiff brought sui
against Dearborn, which was afterwards compromised
saa the agent OF the bank was willing Il did not nvi
strumen given but nothing was to invadate the
sponsibty ofN B. Against the other parties. By hi
the Bank reserved the rights of the other parties unin
paired against defendant. Wethnk the WHOLE tn
making IF this compromise and this instrument from tn
bank relieves the from all difficulty and that branc
sthe defence fail. But it is commended by the de
PENDANT that he has the whole right to the compromise
On the other side is conended that he had not that RICH
is not involving the question Of application. Their
entire compromise and the sum paid was toward
san bouS the whole Of to no
to other claims The money must be divided among a
the claims. Judgment for the plaintiff. and the propo
tionable part must be paid on the Judgment
c Judge Tallmadge differed from the opinion. Was th
an endorsement according to the custom of merchants
He thought not The interests Of commerce required thu
the should be signed note in that iorm whc
was most notorious. He held the defendant not charge
able this endorsement. As to the other points of
8 case he agreed with his associates
: The Court will commence this day with double q
lendar. The Court then adjourned
Court OF Common Pleas.
Before Judge Ingraham
i DEc.5 -Frsderick W. Ffantxkee james GemmeI.-
, MIR. Whiting opened the for the plaintiff He state
= that there action the to recover damage
which the plaintiff had sustained to his building in
sequence Of defendants putting up another building alon
side Of it. MIR. Gsmmes house is on the corner Of Read
street and Broadway, and 30 feet north