The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-04-07
Decisions I'm Chancsry.
Before Vice Chancellor McCoun


Decisions I'm Chancery.
Before Vice Chancellor McCoun
April o. Gouverneur s. Bibby aud WIFE, w. Samuel
L. Gourerneur aisI this case, the defendant claims
and second sale Of landed property The Chancellor
ordered that the defendant be committed until he shall
pay the specified amount demanded, and ten dollars
Dapid Dudley Field VS. Elisha Root, Jr and Cyrus ~.
Field This motion for an attachment against the
defendant Root for refusing to be sworn and examined
before Master Cushman on the 18th Oct isa4 Ills Ho-
decided that the grounds for refusal were in them.
selves sufficient and usHable considered in connsx
ion with the case Of Hudson Plets before the Chan
cellor, Aug. a. ls44. The present mouon was mere
fore denied, with costs to be taxed.
ton for new trial Which his Honor said must be denied
only upon the ITSELF but upon the andavit OF
John p Crosby ps Ffancis E. Berger, ct. a,,The re-
port in this care was and the compromise ana
settlement was approved in behalf Of the infants.
The People Of lie State Of NeW York, rei Harriet
McKeeiy ps William ButierIn this there has been
violation of the injunction upon the part OF the defend
dispute that the defendant after having been served
with injunction, went on and sold property thus en-.
I'D wS he BE- aid
Randolph ". TosOn.end vs. William Broom: AN at
achment in this ordered to issue TO bring the
defendant before the Court and that he DO held to bail IN
the amount of $500, to answer
Eiixa Tdvlor u.s. finn Smifh.-In this cause decree
Of and sale is obstacle and the prayer Of
costs
a. Dows and r. W. Guiieau Henry Coaon-Thi.
was bill of exceptions and in which his Honor decided
that they all well taken, excepting only the nth,
of which the defendant was entitled to the benefit The
matter Of the h exception appears to be fully answ
ed and denied already but the to the other ex
sspon: are clearly svaaye The defendant h there IRE
T 1%s People Of he Stat. Of N.v York y. Joshua wsSS
tempt for not paying the costs demanded Of him. and
that he be committed within twenty days II such costs
Joseph F. wInsr vs. William Henry, ct. ais-A demur
rer shall be allowed in this case with costs be taxed
and to be paid by the complainant and that he have
JosaSa Cot, Il. ais w. frederick Dimon was
bill brought forward upon exceptions to Masters re-
port Ordered that it be allowed with costs, to DO taxed
Before the Hon. LII sandford Assistant Vice Chancellor
ArsIL 6-Eleanor Clarke and Others Vs. Diana Sdscyer
and sthers-E: H. Owen and w. Silliman for Complain
s and VIE If real g estate ssss
cause Of unsoundness Of mind Of undue influence.
der to have Construction Of he will; they decline
that bill s dismissed with COSTS the arrangement with
M Fisher is to be carried into snsSt. p,..,. r. :.
c. Dubois, Jr-C. Moore and F. B. Cutting for COM
plainant; T. g. Van Wrinkle and G. OConner for defend
Decided that the defendant by his subscription to
banking law !. liable to pay Up hi. g as to %as
no express pay and the directors Of the bank
resolved not to call in moro than per cent Also DE-
C1dod. do1en00nt
his stock the last dividend which applied thereon,
the same being an improper dividend Decree accord
ingly costs against defendant compliments costs
Dapid Leauitt, Receiper Of the NJ a. Trust and Bankns
Cows. Fyancis Griffin and others @ n Titus for com.
plainant; D. Ssden for defendant, GrinDecided that
the assignment and transfer made to Mr.. Griffin for the
Real Estate Bank Of Arkansas invalid and must be
get aside, with costs The Real Estate Bank and their
dismiss his bill as to them
Zenas Cooke w. Slas c. s.ith snd ethers-F. sayre,
II. BreWstsr for ). smith and Gray J. Wymsn Jones
for J. Smth-Decidsd that the sale by g. G. Smith to
Gray was intended to hinder and delay CREDITOR q, ana
interest and costs out Of the goods sod or their pro-
cssas in the hands OF Mr. Benedict assignee Of Gray
be protected in his payments made before this suit
Lorraim Freeman VI. Martin Demins and others James
c. Freeman the aud oihers.-Orginal and sup
Elemental suits-A. H. Dana for complainant A. p.
Mann for Demng and Mech; IVAN santvoord for
Newton and Van san ny" " Bonnsy for wadas,
Freeman entitled to have an account taken against
Demng and Mech, in respect Of the steamboat Tss-
mng's hands That assignee in bankruptcy
entitled to receive the fruits OF the suit 80 part OF the
e Or but sss @ iii
santvoord.
sthsrs-E H. Ely and W. Curtis Noyes for compai6ants
David Wright for defendants the bond and
copd.sS NEG Psg mosas. por sn BIZ
dismissed with costs a. to H. Perry and wife. (Ths
points decided that in 1885, the Farmers Loan Co.
had a right to loan money mortgage in respect of
their trust annuity and life insurance powers; that
mortgage dated June %, 1885, and payable one year a
and which reserved interest to be paid yearly the st
Of November in each year. was mot IN Of
the %
year, and the able annually The ques
ton Of usury argued was not raised n the answer
Buffet for
g. W. Gaines for slls and wife: Defence Of uaury as
set up il not proved Smith entitled to decree for fore.
closure and sale. Cross bill dismissed, but without
CAUSES ARGUED AT THE TERM IN ALBANY.
MaYn j. Borsf Alexander Boyd and others; David
Corev and others o. lie same ds}endants; b. Corey
snd others o. John Insoid and and two
lei Cady for Boyd and Ingod-Dscdsd that Borst and
his assgnees had valid right to redeem against the
Boyd, the farm and mills in question That the price
IL. pncipsi mossss ds6 and the against the
mortgage for the rents &c. of that part TO- That
mortgages possession not adverse, 50 long AZ there
il right redeem; and equity ofiedemption passes
by the words real esate In an assgement That Borst
~" is s nature
supplemental and the evidence In the two prior
suits be read against him. That the dsisndants
Ingod and that the Mohawk Bank should BE- party to
the redemption If Ingod has any rights The decree 10
except ngod with leave to compliments to add parties
by new bill only on amendment to the second supple
mental BILL payment Of Ingolds costs OF the hearing
and preparation therefor All other directions reserved
HuIdah d. Barnes W. H. c. Bayness credtors in suit
Of " Church vs. NJ Church, and ofhsrs.-K. Miller for
Mrs Barnes H. Hogeboom, for the creditors y xcep-
tons to the Vice CHANCELLOR report overrued with
costs The costs Of Mrs B. before him. to be paid out Of
the fund.- and the residue ofthe fund distributed accord
ing to his report
c. A. Ten Eyck and e. BrincksvheG Myron Holmes,
and ohersC Stevens for compainants Daniel Csdy for
that compliments entitled to be
6rst psid out of the mortgage by Holmes from Will
ler's for hs debt against vs. and for his liability
surety 10. Wa complainants Holmes assignee to pay
accordingly. The charge of fraud not made out No
costs to either party
n a. Sharpe and a. Clarke W. r. s. Bvndy srd others
H W. Strong for complainants }. Holmes and N. Hill
lar for Wight Decided that issue Of fraud not raised
but compliments entitled TO their debt and costs out
Of whatever balance belonged TO Brundy ct the end Of
the FIRST year, Of the securities delivered to Wight and
w. must pay same to complainants. No costs for or
against Wight
j. M Davison, Clerk IN CAsncssy, Wafv D. Fteest
and otAsrs-M. T Rsynolds for complainant and for