The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-11-05
Decisions In Chancery.


Anthony L Robertson Assistant Vice Chancellor. -
Nov. A. Henry E. willord and Wife Us Thomas ".
Smiih-Bill fled to enforce trusts of marriage settle
ment OF complainant Mrs w. Trusts held illegal be-
cause they are for accumulation to be applied
plainsnt, Mrs Willard, may 8t. Bill dismissed with
costs.
Zebedee Ring and Others Stephen Yail and others
Bill for amount Of wharfage Held that the defendants
by compliments any due, and reference to master
dered to ascertain amount
The Ne,c York Chemical Manufacturing Company Us.
bank against depostsr his attaching creditors and party
claiming to own the fund.- of whom deposter was agent
Held properly filed, and depositer properly made party
and complainant entitled to costs from fund Decree
that defendants interplead
johnson Chase The Bethel Baptist Church Of the
City Of New York and ofhers-Creditor's bill against
the Bethel Baptist Church Held that though it is doubt.
full IL judgment creditor file bill on his own &C.
count alone against religious corporation, and that
though religious corporation cannot be formed by
congregation Of an old continuing to worship in
the place with no notorious marks of public diff
ference yet the bill does not contain the proper alegs
tons to raise the question: being the alternative that
such corporation was or was not formed Bill dismissed
The .4merican Life Insurance and Trust Company U.s.
Samuel Bayard and others-Held that certificates of
terest at FIVE per cent not issued circulate
ney that act Of discount does not constitute the keep
Of credit to be law paid for by
than seven per cent per annum commission and to be
usurous in fact must be paid for by large commits
SION above that rate suspicion Of concealed
usury That eight per cent difference of exchange be.
New York and London, is enough to raise be
lief of for usury. Usual decree for rcclosuro
Of mortgage in question.
ViHiam Burden George b. WaiJridge and others
Held that the Court of Chancery has jurisdiction de-
cree surrender of paid note That the proof in this
case susains payment of only part Of the note in ques
ton Bill dismissed with costs.
Cornelius }. RoosepeH ct al Us. Michael Burke-Held
that certified copy of deed from the registers Office is
prfma ace evidence of its delivery That the evidence
IN this case does not rebuff that evidence Of the
ton OF the instrument in question by the father Of the
compliments for the benefit Of his daughter the de-
ceased wife of the defendant Burke the of the
srument declared valid Decree for sale of the prem
ses and investment of two thirds for the benefit Of the
infant defen 1ants the Children of Mrs. Burke Costs a
pc rtioned among the parties according to equities.
Eugene Grousset; u.s. james GemmeI and another
Held that the instrument in question: Of which specific
performance sought, was intended to be joint; not
executed by the defendant Van Meerbeke, for both
himself and Germue and is. therefore, not binding
either. Decree dsmissing bill with costs.
Luther Loomis Joseph Si5ley and others-Hed that
the assignment of the judgments to be given for the
mortgage sought to BIO foreclosed Of value,
in contemplation of law they simply paid and not
purchased by 1T that oven they were the assignment
delivered was according to the condition. d testified to
by the witness, Spencer and afterwards ratified
by the defendants The agreement set in the
is simply for payment of the judgments, not an
Segment, 10 keep them alive andwas completed by
acceptance of the mortgage Decree for foreclosure Of
mortgage, &c.