New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-02-19
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Couzr OF ComMoS PLEAs-Before Judge grahani-
FRlian CErrie aad Jane, CHrris vs. ~. Wason Smith
indicated win Tnos. : Un6e-h. doing business under
the srrn oil John I. Smith & Co. The plaintiff on the
18th May l5i5. sold uncurrent rnoney 10 John T. Smith
A. Co and received check the Merchants Bank
a, ei,ht for 81 500 drawn by John T smith &
r. W the order Of W Wilson Smith and endorsed
nv istter-P sints instead of drawing the check forth
with deposited il in the National Bank VINO sent II IN
the usual morning. but It was too late, az
T s & Co had oTerdrawu their account and the check
was not paid Action brought the amount
The principal defence is that the plaintiffs should have
i-awn or the 18th AT which trn- there funds 10
hank 70 ray &c The will b. continued this fore
noon For plaintiffs, Hessrs. Geo. Buckham and Id.
ward SANFORD For defendants, Messrs. LswtoH and
Henry.
Z. :. CIRCUIT CouRT-Beiore Judge Be;ts.-Jancss
gou,sn and Robert Jones vs. SGr1u,i srGT;zog:- he
plaintiffs paid duty under protest upon worateds as
wooens and upon twsr sewing silk and brings &C.
ton 10 back amount paid. with Interest con-
tending The duty was wrongly imposed. 'erdict Tor
nainti. sl 3es a. For plaintiffs SIR. Curtis For de.
reodant District Attorney.
IL ForrrY-The Presideat Directors and Company Of
The City BANK Of Hese York vs. EA-a5sA SSeto" Mary
4nu Frc:y and Philip R. Ycags was motion
on the equity side Of Court for interpeader and IL
junction 10 stay proceedings at law IN he Court of Chan
cery Involving about SO 800 deposited IN The BaDk. The
one belonged 10 tie estate Of Jonn Frazer Of Florida
ana the suits brought by his surviving heirs Two
daughters Elizabeth Sk-on and Mary A. Frazer against
Mr. Yonse one OF the executors OF the estate. His
executor had coo belon ziDg the estate OF which
tho money in TIE Cy Bank part IL appears That Ir
Frazer was native of England and had large possessions
IN Florida where he mostly resided He had i've child
rem whose mother was black woman, al residing
Rio Porza the Coast OF africa. in Isil Sr
Frazer made vii devzing bis large Possessions 70
these i've children making Mr. kingsand and SIR Yonge
lis executors. TIE whole Of the children died except
the TWO here named who remain sole heirs They are
rulatro young women but have received splendid ed
ucar;on il is said. England Subsequent 10 the death
OF Mr. there claim made By Mt kiHgsland on
half OF the estate the United States Government
for spolaiions made on the property OF Mr. r.
and the United States settled It By paying
$4,000 which Mr.. hingsland received and came on
with TO NewYork where he disposed Of it in various
ways except the So COO which interest Is the sub
eci OF this motion. He died having this amount in his
hands Various claims made upon II blythe execu-
but they settled aud the money deposited in
the CRY Bank The children fled bill IA The Court OF
Chancey against r Yonge and Injunction obtained
but finally dissolved the Court deciding that the Bank
could pay the money over On he dissolution Of
that Dir. Yonge commenced two suits IN ais name
for the money tie T. s. Cour; in Tro7er for the
bonds deposited and one in Assumpsit for cash and the
Bank brings this motion 10 compel the party inter.
plead and for Injunction Il would seen from the
eurent that the have exhausted large
OF money. Tue is still For complainants, S.
Merihu and G. w. Wright Esqrs. For hers, S. Sher-
wood Esq For Mr.. Yonse, Meszrs Burr. penedic: and
Bebee.