The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-12-23

Superior Court.


Before Chief Justice Jones.
Dec 22.-Jehn Brotoer, Receiver, &c. Jsmes Crsik.
shsnk-Ths was an action to recover $4,000 the amount
Of promssory note together with interest The note
was given BY the defendant under the following circuu
stancss Early In the year lsl4, Mutual Insurance
surance Company. charter was Obtained In March or
April of that year. incorporating the company. On the
friend: gave their i nots. for $1,000 ssch psysbs the
order Of the company year after date. The aggre
gate amount Of the notes was about SSooooo In July
to carry on till the 10Th May last when from losses,
they unable to meet their and they had
and their debts found to amount to about OOO
and their assets amounted to about 100000 consisting
suspension Of the company q judgment was obtained
against them petition was then presented to the Vice
Il. Of he a.
recting that their assets should be handed to him
Amongst the assets was the note In suit, with several
others.
The defence was, want Of consideration. Defend:
ants counsel insisted that at the time the note given
che defendant received nothing for t. The company
was a mutual insurance company, having stock,
therefore no received none, did he receive any In
to CONFORM to the rrov.ons Of the companys charter
end was In effect loaned note. The President Of the
y put n s S the
to prove that he, the witness, had agreed with the
makers Of the notes 70 surrender them at the end Of
year. not used This was objected to, and the court
decided that the President had power, Of his
ton to make my such agreement; should be done by
counsel then ofere to show how the notes intend
cd to be applied This objected to, on the ground
that the charter under which the notes were given
would show how they were to be applied The ques.
ton then TO whether those notes OF
the company in the hands Of the Receiver The plain
s counsel then went into proof to show that 6efen
dant elected trustee, ana that appeared by the
proceedings and resolutions Of the company entered
on their books while he was In Office, that these notes
considered assets of the company Verdict for
plaintiff subject to the opinion Of the court in bank,
case to be made. For plaintiff Mr. j. NJ Taylor for de-
PENDANT, Mr.. Sherwood.
Before Judge Vanderpoel
Pierre Delmonic0 ct ale the Mayor and Commsnalty
Of the city Of NeD York This action the
to damages for injury done to the PLANTING
vault The plaintiffs the propretors Of the large ho
tel at the Of South William and Beaver streets.
The plaintiffs had large vault In front Of their promises
In Beaver street, In which they used to store their wines
and other liquors In 1876 ordinance passed the Com
mon Council directing sewer to be built in Beaver
street. and after entered into contract build the
sewer. Tho work was accordingly commenced, and In
the progress Of 1t the PLAINTIFF aegs that the contractor
caused deep trench to be dug parallel with their vault
and accordingly the earth thrown up instead Of
carting OF, thrown the top Of the plaintiffs
vault the consequence the vault part Of II, fell
in causing damage be done to their liquor
a. well throwing down the vault They further al.
ege that the contractor did not take the
cautonsthst II the trench had been dug Ia sections and
shored they went along, the vault would not have
been injured Adjourned TO this morning For the plain
ida Messrs. Cuum and E. SANFORD; for defendants Mr.
j. +. Brady.