The New York herald., 1845-09-23
Price Vwo Cents.
Superior Court.
Before a full Ranch


SEPT. 22.-DEcIsioSs-Hii Smithurs ads John
Fraser-n this motion made at Chambers to
and appeal was subsequently, made to the Court In
full Bench II appeared that the action brought by
foreign creditors against defendant who foreign
or aud against whom before he left England commis-
sion of bankruptcy was issued and an assignment
made Of all his property. The assignee IN bankruptcy
der the English law passed all the property to the
sgnee WELL both that portion under the Jurisdiction
Of the Court also that which was out OF 1t at the
time the assignment made upon this question The
Court hold that Plaintiff had right to sue, and cited
authority bearing analogy to the in whchby
a former decision Of the Court, in the of party
named Abraham, who left EDg few Years since and
to- TO this M ~as M Y
sued in an action of law the Superior Court Subse-
quently the Assgnees in England instituted sui. in
equity to enable them to the paintings &c at the
Custom House, and they obtained injunction to pre-
vent the delivery The Chancellor granted the njunc
tion and the case was brought the Court Of Errors
who decided that assignment under the British Bank
rup Law, did not dives the Bankrupt OF that operty
which at the time OF assignment out OF their jurisdic
ton Though, as in this case it was in ship coming to-
foreign the propertyremaned in the bank
ditors but not to the Assignee. The before
the Court the the referred to- In this
case fed from England bringing property with
him. and while il ronsit the assignment in bank
rupcy made and If in the other case the property
did not to the assgnees could not pass in the pre-
Therefore, the assignee had no right to the
property and the appeal must be dismissed and the order
of the Chambers confirmed.
James j. King Obadiah NeCcomb.-Motion to open
default. Default set aside payment OF COSTS the
cause to be again regularly placed the calendar
payment by plaintiff of all costs Of the motion.
Jacob Seaboid ads Conrad .46eimon-Appeal from an
order at Chambers dismissed and order confirmed.
r. T.. Garfield Gearge &. Cindie-Order at Cham
bers set aside without costs.
Phillips and others French-This was an application
at Chambers to compel the plaintiffs to file security for
costs Plaintiffs it appeared seamen and bring &C
against defendant the Captain OF vessel with whom
they had been engaged formerly and alleged they had
been treated in cruel and unusual manner. The plain
t foreigners by birth. They bring action for as.
sault and battery The defence set was that they had
acted nsubordnaely during the voyage and on the arri
val Of the ship port the master had them arrested and
imprisoned a charge OF mutny. They were at frst
confined in the Tombs and then sent to Queens county
Jail consequence of the unhealthy state of the place
Of their first confinement The question for the Court
was whether under the circumstances they to be
treated non-residents, to them to file secu
rites for costs The Court held the notion asking
curity for costs be denied.
Frederick Mailitor John Behrngsr ct aL-Appeal
dismissed, without costs.
Palmer and Peters plaintiffs in Darid Jarvis
defendant in errorJudgment reversed, and cause re-
! manded tor a trial
Daniel H. Ward et al plaintiff in error Geo. f..
Lockwood, defendont in error.-Judgment reversed.
ID. S. Tdyisr plaintiff in error, Edpard p Hurley.
defendant an acknowledgement reversed
Sarah Mc Donald rs The Bank for Standardization to
| set aside nonsuit denied.
| The Court proceeded with the argument calendar.