New-York daily tribune., 1843-07-03
City 1NTELLIGEN nee.


bub bv M Waldrou and wife, as heirs oil edeei f'ei'
fr.,-red 10 Samuel Stevens was heard Tor
A. fl, in etror and the argument was concluded os vi
Wood for plaintiff in Judgement poSpohsd 10 Ae'
cember.
The next term Of the Conr viii be holden al Rochester
lpsread of Albany determined upon TO commence
on the 18th August =,
CorRr OF COMMON PLEAS.-Betore Judges IL
shoefsr uglis and Tngaham.-DEcrsoNs-B Bankrupt case
inroirns highly important Ih0IHdS ''e
=. INNS T. Mgpes-The Court said: The plaintiff ac-
ou against the defendant demand OF about 500 ne
defendant oleads bankrupts discharge, which the plain
tiff replies st that the defendant did publish notice TO
show cause for 20 davs ID that he did not notify the plan-
.iH who was creditor bu wully omitted so doing 3d.
that he irauduenty omitted the plaintiff as credit
or To these several repca,ons the defendant demurs gem
orally
The third replication is then be considered VIZ that
the bankrupt frdudGlently omitted TO name the painuh as
,c,sdi,or This suppose will be good answer 10 an IN
solvent, discharge under the case q Wand l0) aad under
the English bankrupt law. ed Eng COM law, 's) onr
bankrupt, law sect - avoids discharge fraud wifi"
conceament OF property And should feel unwilling to
hold that bankrupt might raudulent!y omit 10 name h's
creditors and vet sustain his dischsrge But the defendant
contend, that this is not fraud meant intended by the act
which shonld he sufficient to avoid discharge Ny impres
sion however that would bs grossly unjust TO give such
construction 10 the for II would counenance
corrupt fraud on the part ola bankrupt and would oe ta
w bs RIGHTS of his creditors as of no importance Its GO
r, far enough 10 allow bankrupt omit claim wiitn
which he denied and disputed Bat The traudueny omit'
or,me creditor do not see why should say that such
fraud was not contemplated by the statute speaks OF any
pd and surely the OMISSION with fraudulent intent OF the
name of creditors and the omission to notify them might
lead 10 the perpetraon great Justice II the bankrupt
napers are made out fraudueny and the discharge ihns OBJ
tpd do not think that the creditors confined 10 the al
LEGATION of wilfu aud fraudulent conceament otproPe!
in order to avoid the discharge The act broader IN us
,er,. and does not call for such construction auu'
or wilful concenment Of property VIII a'oo 'h'
discharge. For the purposes Of this argument '''e
defendants demurrer admits the fraud and the fraud
being thus conceded the discharge void and the plaintiff
is entitled 10 Judgement IT. however trial the same
view Of the facts should be presented to the jury as was Ia
ken before Judge Belts then the result might be that the
fraud could be explained and the omission placed upon the
ground of mere mistake supposinC that the paint cam
was invalid For the purposes Of this argument We cannot
thus consider the facts, The demurrer comedies the fraud
and the fraud the discharge Judgement for
plaintiff demurrer, with liberty defendant t" rejon
payment of costs
William II. Place vs. John M Deroy-Ths was an ac-
ton of epevn The defendant city MARSHAL and took
from S21 randsiree goods for payment of under land
lords issued BY Mary Mortimer against Nelson aud
William H. Place, for $50 When plaintiffs hired the prem
ises they had told that Membranes existed upon
but the result proved that an assessment was on II o ep
wing randstree and Messs Place paid $50 for this assess
and repairs; bur Mrs. Mortimer contended at they
had no right do On the trial of rrplevn brought by
plaintiffs verdict given favor of defendant and the
IT,, h., ,L ;,., >, Slio Not;o, ;s mat. f,r
soVus 'aNe" '"' :! ~ J! - -
new tia Ne" tfia' Allowed costs 10 dohe 'le event
RrroRt. JtDCE INGt Is- Iienyy Walker The Manor
&c.The plaintiff who carman, backing his horse
on one Of t. piers when one of It's legs got into hole ON
, f and was broken whereby the animal was destroy.
" 80 -; :; 9. -, lid
" i" i" "a . l C,.,:o,
the circumstances e jury uu 10. 'onsuef 'e 'o'o'a''o"
liable, aud found verdict Tor defendant.
Depeyster & tPhitmGrshrs. ". 81 JameS.--Ihe plain
,fs accepted and paid general order balance from New
O-sn, in favor Of defendants but afterwards found ,la,
,bv did nor ow. the New.O deans house SO much as they
.; . , COZ, ;, b.
palu ae'e"'ii"I' anu Ot',s "e',o" rA'' =
mistake Verdict Tor plaintiffs win ea'eto defendants 10
file bill of exceptions, sc.
p o,-, Srr,,,,c r. ort,,,c fe
oLiCE VI r ihNi'' ~ ~
male named fi,Aa JACKSON W. 81 49, anu <''ste ~ va o
sIeai"s t"o pun" N,isf Csn,.,.,
street properly oi !" lIlldm '2
winch she sold at % oa"ye'ee'' where they were feeov
efeu. r, c. c.. .e;i,I o,., 49,.
- - ';.,. Ear s,.o fal ca, ,n,,i ,,i'
w." s,1 ~ a' T - t Tt tt U,.i'
sig is'' 'l'e' ''''' q '''' ''' 'o'se
III ~ cIo'u No., ,,,l ,,,;,,;. L..
" ~ p '',,''' ~,
son " as a''es'su os - W. '' " 'I
"''' hes Vi "'T ',a ~ ,.'l a," 'sn
he was trt ing 10 sell III JUNK shop ne vas committed ana
UPPER POLiCE-oTEALlNG \ COAT iNriiE STREET.
\ coored man named iienry B"@ce was aneste, by oh
Ger j. $ Smith, a"G committed tor stealing coat with
none! IN the poeae. from OF! The arm Of S'ia Car;'oa
e'o eol",td Of the corner OF james aad as he
va; standing N the STREE and running of with II
h'h'HG MoNL ~ aPp's"s'y poy Ta'heu