The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-29
District Court Of the United States.
Before judge Belts,


Decisons.-The Court observed that several mo-
tions were before it for decision. Tho most i'm.
Portant were the cases Of George Brown and the
Messrs. Brooks, many points being involved in
them which have bearing upon others. The frat
is declared TO be fiduciary debtor on the ground
Of certain billie being assigned by him but left in
his hands to collect-he did so to certain extent
but did not pay over tho whole Of the proceeds
Messrs. Brooks were commission merchants in ex-
tensive business-goods were consigued 10 them
for sale commission They collected the money
in the instance complained of, bnt did not pay It
to the owner. 1t 10 therefore contended that they
were trustees rs respected the property. The
Court has fully examined the various cirsum-
stances attending the but 10 unprepared yet
Jsdge Thompson, who will be on the bench At the
Circuit Court next Monday. This the Court is
moreRdesirous Of doing It has received letter
from one Of the District Judges at the South ask
ing its opinion on these points; also the awdoe
lot point ont any appeal beyond the Cilcuit Court
If Judge Thompson decides that the District Court
shall act OF the Circuit iu such cases
It will i.%sd,.ssy to s'ys II. decision
In the case Of George ". Sn0sc, motion had
been made by the general assignee to be placed
in possession Of note for $500, which is describ-
ed in his schedule, but claimed by his wife a. be-
longing exclusively to her, being the proceeds Of
some property left BY her mother. From the man.
ner in which the case has been brought before the
Court it 10 impossible TO decide whether the note
really belonged to her, or whether tho husband had
interest in it. The Court ordered that the note
be handed over to the general assignee, when the
wife would be at liberty to come into Court and
how her claim t. it.
James Cropssy-In this ease Mr.. Nash stated that
in petitioners schedule was the item of $50 in mo-
ney, which had been claimed by the general as
siinee. Mr.. Z. had already used part Of it in the
maintenance Of his family and in expenses of petit
iion. He moved an order that the said $50 be set
Of BY ths general assigaee as part Of the $500 al
lowed By law. DIR. Waddell, the assignee, said
there would be no possibility Of getting along in
meant to ask an order from the Court requiring it
10 be paid in, bat the gentleman thought best to
bring it up in another way. The Court observed
that it could not allow the mode pursued in this
case. The assignee must first move an order, and
then the petitioner could object il he saw fit. Mr..
Nash replied that the law SLOWS q certain amount
of property to be retained. In this case it
eesary, in order among others, to meet the expens
es of proceedings The Court answered that it does
rot decide that the creditor should pay the
The subject then dropped.
Benz L. Cor.-An amendment was allowed, by
attaching q new sworn schedule to the other pa
Several petitions passed to decree.
Objections were filed to those Of John W. Taylor
and Peter Fay.
In the case Of JOS W Be1eR and Moses BedeA,
Mr. Chrkson said he had been instructed 10 file OBJ
jections, bat from the nature of his other engage
ments he had been unable to attend to It, The
Court replied that excuses based on illness, miscar
riage Of papers, or such, would be allowed bat not
an excuss such az this Mr.. Anderson, for petit
TONER, objected to delay. The Court allowed Mr.
Clarkson through the day to 6ls-if not, the petit
tion must pass to decree.
Cassender Frisbee-The objections in this case
were argued by Messrs. Stuart and Joachinssen =
This, and several other motions will be disposed
of today: Mr. Joachimssen complained that he
went to the house the 2lst inst to serve an exc.
cution, but found NO furniture there!
The Court announced that this week would be
devoted to the bWsiaess Of the District Court, with
the exception Of q short time each morning to
Bankruptcy matters. The Circuit Court would
open on Monday, and doubtless set at least six
weeks.