The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-24


MARCH 23-J. M. Pinkney-Oy,in Broom Mr.
Blunt having observed that the objection to petit
tions were withdrawn, ON the motion Of Mr.. Field,
they passed to decree.
Cassender F,isbee.-The Judge remarked that
frem the argument OF MIR. Joachimssen, he sup
posed that decree in this case had been denied,
whereas il was only withheld Ordered, that Pc
titioner be allowed to amend schedule A., serve =
copy on the assignee, and also on the opposing
counsel, and pay costs, to be taxed. This is the
first amendment allowed The opposing creditor
has a right 10 present objections to the amend.
ment.
The counsel for petitioner (Mr. Stewart) stated
to the Court that the made Of the copy to
amendment, which he furnished to counsel yester-
day, was that gentleman taking it to the sheriff,
and causing him to levy under execution on the
furniture set forth in it. He complained Of the pio-
ceeding. a.
- The Court remarked that there would be no diff
fculty between the Courts on such points. Mr..
Stuart had but to pass copy Of the amendment to
the general assignee.
Mr. Joachimssen, opposing counsel, said he
hoped the cost of the execution would be included.
Henry IL. EHiot-Mr. Fessenden stated that the
obiec lious in this ease had been filed.
Mr.. J. Wheeler entered exceptions, and request
ed hearing before the Court, which was granted
and the argument will come up in course. The
Court remai kbd that where objections exist, aud
xception 10 taken to them, the person bringing the
latter must take charge Of them, and see that the
case j. brought up Any papers required in areu-
John Mofat.- Objections had been filed in this
case The counsel for opposing creditor observed
that Mr.. nj. had abandoned the former proceedings.
and petiiicaed anew. He asked that costs might
be taxed The Court granted the motion, but with
the remark that, how he was to recover the coets,
he could not say. lh
Ed,rard Soley-The objections in this case not
n ss.
were argued by Mr. WIN. Bliss for the creditor, and
Mr.. Horace Dresser for petitioner:
The schedule does not give clear view Of Mr..
Westcotts property Ii states that he owns l60
acres Of land in ssouri, and eight lots in New Ha-
ven but does not describe them; also that he made
an assignment at Charleston, but to whom, on the
debts assigned, are not set forth. The Court con-
sidered the schedule incomplete, and sustained the
John Geo, Smith The objections in this case not
having been proceeded with, on motion Of Mr. J q.
H. Raymond, il passed to decree.
Samuel X. Brooks and Alfred Brooks.-The arga-
ment in this case was continued by Messrs. Pstter-
son and Dillon. The former, on behalf If the pc
titoners, commended that factor was not consider
ed by the act in the light of trust debtor. Con.
signing ana receiving goods fol sale was matter
Of contract, subject to the risk and vicissudes Of
business, and not case Of special trust. This II
especially the case where the factor Is Ruarantor
and has to sell at his own risk, thus rendering the
transaction enc of AN ordinary business Gharac1e,
throughout, He was replied to by Mr. Dillon, nc
admitted that fiduciary debtor could re ceive de
cree of bankruptcy, but denied that trust deb'
could be cancelled by final proceedings. =,
Judge Belts remarked that he had not made "
his mind whether the court had Jursdiction IN
case where there was, even among ordinary oepts
one of trust or fduciary character, and cosle
permit decree. If it should decide that 1t haf
such jurisdictions, it will not decide ss TO how the
decree will affect the discharge, or how the dis
charge will bear upon after proceedings as to thu
claim of the trust creditor. The present impress
sion is that trust debt will be open to proceeding
even after the discharge, the creditors feeling tina
thew Ia We right TO come into court under the pro
visions Of the law. 1t is probab that The loca
courts in such cases, will not interfere in the ma;
ter, but rest upon the decisions Of the Unites
States District and Supreme Courts. y