New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-11-05
DECISION. in Chancery..

ANTHONY l.. Robertson. Assistant Vice Chancellor
Henry E. Willard and U!fe vs.. Thomas w. ST'ut-bi
FLED enforce trusts OF marriage settlement OF com
planant Mrs w Trusts held illegal, because they arc
Tor accumulation 20 be applied complainant Mrs
willard, may see TT. Bill dismissed with costs.
Ze5edee Ring and Others vs.. Stephen Vail and OILERS
Bill for amount Of wharfage Held that the defendants
are entitled decree for set of Of wharfage collected by
complanan,s If any due and reference to master order
Cd TO ascertain amount.
Tb, Netc. York Chemical Manufacturing Company
P,r S Campbell and ohus-Bl OF nterpleader by bank
against deposi,er his attaching creditors and party
claiming to the fund.- oil whom deposter was agent
Held properly led and depositer properly made party
and complainant entitled to costs from fund. Decree
tnat defendant uterplead.
Ioin.on Chase vs. The Bethel Bay,is, Church Of Me Ciy
of N,D. YORK. and ohes-Creditor's bill against the
Bethel Baptist Church Held that though it is doubtful
Il Judgment creditor file bill on his own account
alone against religious corporation and that though a
new religious corporation cannot be formed by con
Sregaton OF an old one continuing to worship III the
same place with notorious marks OF public differ
ence yet the bill does not contain the proper allegations
10 ruse the question being in the alternative that such
corporation was or was not formed. Bl dismissed
with cost.
Tie AMERICAN Life Insurance end 1rast Company ys.
Samuel BGydrd and olers.Held that certificates OF dc
post payable in twenty years IN London with interest
FIVE per cent, not issued to circulate as money
that act OF discount does not constitute the keeping
Of Office within the restraining acts That loan OF
credit to be i'll law must be paid Tor by more
than per cent per annum commission ana " DC
in fact must be paid for by so large commits
sion above that rate AS 10 cause suspicion oi cohceheu
nsury. That eight per cent difference oil exchange be
New York and London is not enough to RAISE be-
lief of for usury Usual decree Tor foreclosure
of mortgage in question:
Hilijam Burden Lie0rge b. HdtbTdSe cnd offers
Held that the Court OF Chancery has jurisdiction to de-
cree surrender of paid note. That the proof in this
sustained payment of only part OF the note in cues
ton Bill dismissed with costs
Cornelius J. Roosecclt al Michael BWks.-iield
that certified copy of deed from the Registers Office is
primo fcce evidence of delivery. That the evidence
in this case does rebut that evidence OF the exccu
ton OF the instrument in question by the father OF the
complainants for the benefit of his daughter. the de-
ceased wife OF the defendant Burke the trusts of the
misses and investment of thirds for the benefit of the
infant defendants the children of Mrs Burke Cost APP
portioned among the parties according 20 equities
EAgele Gr0asso vs. James Ger,ne aud da0ther-Eeld
that the instrument in question, OF which SPECIFIC per
ormancc is sought intended TO be joint ia not exc
cuted by the defendant Van Mcerbekc Tor both himself
and Gcmne and is. therefore not binding on either
Decree dsmssing bill with costs.
Luther Loomis Joseph Sibicy and othcrslled that
the assignment OF the Judgments to be given for the
mortgage sought be ioreclosed OF value in
contemplation o law they simply paid. and not
purchased by it that II they were, the assignment
delivered according to the condition testified to
by the witness Spencer, and a'terward raned by
the defendants The agreement set in the answer Is
simply for payment of the Judgments not an assign
ment keep them alive. and was completed by accept
ancc of the mortgage Decree for foreclosure OF mort
gage, &c.