The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-20
Circuit Court.
pracent IudUe kept


JAN. l9.-Ienry Bourne ais. Camp & Terry-ln
this the plaintiffs merchants of this city and the
Buffalo and the action brought the moety
OF quantity Of goods which Terry purchased Of the
plaintiffs in October lsil and took note in payment
In February, 1912 Terry to this city and represent
ed to the plaintiffs that their business very bad in
Buffalo, ana that in consequence it became necessary to
compromise with the creditors On the strength Of this
representation the plaintiffs accepted Of fifty cents on the
dollar and gave pthe and draft which they held for
500. on receiving half the amount.
Subsequent this settlement the plaintiffs undcr.ood
that both Camp and Terry had repudiated the iden OF
their having compromised with their creditors and denied
several persons that they nsovent and in
OF such declaration the plaintiffs rePud'ated their
compromise and insisted being paid the balance with
interest, and hence the present action.
For the deence 1T set up that there was question
jury nasrnuch the defendants held the note and
draft which the plaintiffs had surrendered and herewith
all claim their debtors. The counsellor the plaintiffs,
however contended that there question and very
material too and that whether the compromise
was made in good faith and not effected by fraudulent
representations The held that this was question
| for the plaintiffs counsel to go to the jury
The charged in several decisions of the Supreme
Court The law had been settled that compromise ef
ties Yet, as the plaintiffs wish the jury to decide ON
the bona d intentions Of the parties in eeetng this
promise, he shonld for the PURPOSE Of this action,
| show the jury that the compromise was good I'M
less made under fraudulent representations This was
the only question for the jury and ftey found that the
representations true and made for the purpose of
deiaudng the plaintiffs and inducing them 10 accept tho
offer cents on the dollar they would find for the de-
defendants. Fog plaintiffs A. V. Lyon. For defendants
| A. p. Nichols
Rights of .4len Women--James Curran and VIE rs.
james g. Fnn.Ths was action Of ejectment TO test
the right of Mrs Curan 10 third share OF house and lot
No 76 Oliver street as her her dover in the property of
her late husband James Kcrrgan deceased On the part
OF the plaintiffs show that the late James keirgan
worthy maker of couts and other garments and lived
for many years in Chatham street That he married
to Mary Eliza Cowan and died in april 1885, leaving
his widow disconsolatc Mr. Curran along and took
her OF the state OF single bessenes into the state Of
matrimonial bliss. II also shown that deed had
been executed by James g. Finn and Caharine, his WIFE,
in the year 1884, by which, for the consideration of 1880
Finn and his wife conveyed to James kcrrgan all the
house and lot No 10 Oliver street This deed not
gistered until 1896 and Finn continued TO reside in the
house pay all the taxes make all the Improvements until
long after the death OF Kerrgan and the marriage OF his
widow when the claim Of the lady set to the pre-
/ misses in right Of her widowhood.
For the defence set that this decd was convey
cd the late Mr. kergonby Mr. Finn In trust TO provide
for the children of Finn in of his DEATH and that ker
rgan made petensons to he the owner oil tho
property and that the truth Of the matter wei known
10 his widow who up this claim until after her
second marriage Under these circumstances the defend
vcd himself justified in nterposng the following
defence that Kerrgan died without heirs capable of
ceeding his real estate he owned any, and that
uently this property vested the State OF New York
That the widow OF Kcrrgn could not succeed because
in the year 1901 and had been naturazed to
enable her 10 succeed to any real estate without special
| OF the Legislature On this defence, the
tried JUST year ago, and verdict found for the de-
PENDANT and now came mp trial as provided for
by the statute Several witnesses examined 10 show
that Mrs kerrgan had repeatedly declared that che
born in Ireland II also proven that her father died
the aims house in this city about three years back
The had not gone to the jury at the time Of the al
journmen Of the court