The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-03-11


several important questions having arisen in the
case OF Charles L. Houghton, they were passed
upon by the Judge One Of the objections to the
petitioner was on account Of his having a pplird
trust funds to his own use-anether that he hsd
irauduientIy, in contemplation Of bank rupcy. con
veyed some real estate to his father in trust for his
he has sworn to the petition, that he place him
sell beyond the reach of an indictment for faIse
swearing. In regard to the objection that he M
fraudulentiy assigned, in contemplation Of bank
ruptcy.-that, il proved is sufficient to bar the de-
cree: But u tins case the assignment was made
previous to the passing Of the act, which points o,t
some other mode Of punishment, rendering it the
complaints, and il found to be correct cause Their,
to be placed in bar 10 fnal discharge This re-
mark is ass applicable to the other objection. In
respect to the date an action for perjury could lie
as with, has petition having suoh. The second sec.
ton provides that the party shall be entitled TO
decree Of bankruptcy. II tits subsequently, dis
luded to in the set, has been exercised by him. Il
Of discharge. The Court decided that en- petition
that fraud had been exercised, because there il,
another remedy pointed out by the act. ~ m
In the case Of Horace Plympton, one of the OBJ
jectioDs II, that he has not described his propev
accurately. Hes!ates that he is possessed Of Ger.
tain furniture, whAh be describes-also that there
is other furniture in has house which had been mort
gagged for more than it's value to Mr. Carpenter and
bfOOkIvn.
This designation was considered by the Court to be
sufficiently explicit. ,
In the case Of Cassandra Frisbee, a motion had
been made TO amend the petition. On this point
Judge Belts said he was desrous OF consulting with
the Circuit Judge, and would give decision in the
course Of the week. As The case has been adjourn
ed by the Com%issioner from day to day at an sx-
pensc Of 81 each, further proceedings for the pre-
seat, were ordered TO Be stayed.
Mn. WADpaLL, general assignee, stated that he
had case OF considerable Importance, on which
ko. H.: .~f~ -
court. He had apr sinted Mr. WIN. D. M'Carty to
take possession ri the property of Chester S. kas-
son, bankrupt, ut Brooklyn Mr.. X. was desi-
rous OF retaining the jewellery mentioned in his
schedule, consisting of gold watch and chan be-
longing to himself, also one worn BY his wife, n
chain, I'VE finger rings, and brt asst pin, some Of
which had been given to his wife previous to her
provisions Of the law permitting bankrupt to re-
tain his wearing apparel. The case was argued,
on behalf ofMr Kssson, by Mr.. John p Canbell,
who considered that the frame RS OF the act Intended
men to retain such articles they had been in the
habit OF wearing. He alluded 10 former times,
when il was usual for men to buckles, sw ords,
and other such articles, which were considered
the assignee was fully empowered to demand sur
render Of the bankruPts effects, leaving with him
such a. he considered proper II the bankrupt or
the creditor felt sgsrisysd BY the assignee in this
the notice Of the Court. With view 70 obtain q
special decision from the Court ON the subject Mr..
Campbell objected to the jewellery being taken by
the assignee, and Judge Belts will probably give
his views this forenoon.
Gen. SANDroRD stated that he had q similar
case, and was Of opinion that jewellery owned by
her husbands debts
This is an important subject; several Of the PEI
ttioners stating in their sehe dulles large amount
marriage. That Of Mr. John II Coster, for instance.
in diamond rings, &C., abont 5000
Several petitions passed to decree Objections
were offered to those of Jas. Bradley L. N. Ged-
dings and Calvin Angler. antu