New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1846-04-07
nnci.inns In Chuncer1.

!
ence. iouhs' H.
Decisions in Chunccry.
BEFORE Hon l.. II. Sandord, Assistant Vice Chancellor.
ApR11 6-Elnnor Clarke and Others VS.. Diana S1ryr
| md othrs-E II. Owen and w. Si!lman for Complar-
snrs d 5 Jones for Sawyer and wife w C. Noyes Tor
Fsher-Decided that the will of The real estate OF
John Fisher made May , 1927 was not invalid because
of unsou ndness of mind of undue influence. Com
panants liberty to add parties to the sui; in order 10
have construction of the will; if they decline that,
bill Is dismissed with costs the arrangement with NJ
Fisher is TO be carried into effect
Charles Sasory Recet51 cftte y. r Banking Co. vs.
C. Dubois Jr-C. 3. Moore andsF. B. Cutting for COM
nlsinsnt. F. g Van Wrinkle and c. O'Conor for defend
apt-Decided that the defendant lag his subscription TO
Articles OF Association and By force Of the General
Banking Law is liable TO pay up his stock so as To make
his ,tock full stock although the subscription contains
no express promise TO pay and the Directors Bank
resolved not to call in than ID per cent Also de-
cided that defendant Is not entitled 70 be credited upon
his stock the las dividend which was applied thereon
the same being an improper dividend. Decree accord
ingy No costs against defendant; compartments costs
cut of the fund.
Darid L.nriu Reeeicer Of the NJ Il. TrIs, and Bank
ing Co. Vs. Francis Griffin aud others-G N. Titus for
complaint; D. Selden Tor defendant, Grifa-Dectded
that the assignment and transfer made to Mr. Griffin for
the Real Estate Bank of Arkansas was invalid md must
be set aside with costs. The Real Estate Bank and
their assgnees not being necessary parties complainant
NAV dismiss his bail to them.
Zends Cook SiLHs G. Smith and oiers-F. Sayre ior
complainant; c. OConor for Browning & Benedict h.
Brewster for s G. Smith and Gray; J. Wymsn Jones
I for Smith-Decided that the by > o. Smltn TO
Gray was intended TO hinder and delay CREDITORS and
was void az them. Complainant entitled 10 his DEBT
interest and costs OF the goods Sold or herproceeds
in the hands OF Mr. Benedict assignee of Gray. The
sCnee Is 10 have his out OF the funds and TO be
projected in his payments made before this suit.
Lo-rGia Freeman Martin Deming aud otaers-Janes
c. Freeman tho end oihers-Orginal and supple
mental suits-A. II. Dana for complainant a. Z. Mann
for Demng and Mcech c. Van Sautvoord for Newton
and Van Ssntvoord; B. W. Bonney for Waddel general
Assignee Decided that complainant. &c. Freeman Is
| fuka
Mech in respect of the steamboat Telegraph and re-
ceiver of the proceeds Of the sale in D:mlDgs nancs
that the general Assignee in Bankruptcy Is entitled 10
receive the fruits of The suit "a part or Tue assets OF IL
Freeman but must elect take the suit With It's
burtheHs, or else reinquish his claim Bill dismissed
with costs as to isaac Ne wton and A. Van Ssntvoord
The Farmers Loan aud Trust Co vs.. p. H. Perry AID
othrs-E H. Ely and w. Curtis Noyes for compliments;
David Wright for Northumberland, the bond mort
gage held by complauants valid and decree accord
inely C. D. Perry's mortgage, prior lien Bill dis
missed with Perry and WIFE (The points
decided are that in 1893. the Farmers Loan Co. had
right to loan money mortgage. In respect oil their
trust, annuity and life insurance powers that mort
gage dated June &C 1873 and payable one year AFTER
date on which the loan wasdvsnced July H. 1888 and
which reserved interest TO he paid yearly on the ISL oil
Nov in each year. not f CONFIRMATION OF the cnar
ter which prohibits the company from making loans out
OF New.YoIk, payable in shorter time than one year
and the interest payable annually The question of uu
~ as argued. was raised in The answer.
Enoch Smith vs. John Slls and pLfe-SuLs and oye We
Il and Sire ffe. .n 1, enee af usSry as
set up ia not proved. Smith entitled To decree Tor
foreclosure and sale Cross bill dismissed but without
costs.
CAUSES ARGUED AT THE TERN IN ALBANY
Martin J. Borst vs. AL1aner Boyd and Others; Dfrtd
Corev and Others de PENDANTS d. C0rsy and
Others VS. John Insold and oers-OrgiDal and two sup
elemental suits-A. C. Paige for compainants; Daniel
Cady for Boyd & ngod.-Decided that Borst and his
assienees had valid right to redeem against the Boyds
the farm and mills ia question. That the price oil the
mills sold TO Zeey may be applied reduce the prn
deht and he
gage for the rents dc of that part 10 cease That
morgagees possession Is not so long as there
right 10 redeem and equity of redemption passes
by the words Real Estate in an assignment lhat
Borst should have been party in the two last suits
That the suit against lngod an original suit In Inc
nature of supplemental one and the evidence IN tue
two prior suits cannot be read against him. Ihat the
defendants in those suits were necessary parties 70 tne
suit against lngolj, and that the Mohs9k Bank should
be party to the redemption II neod has any rieats
The decree declare compliments rights against all
the defendants except Dgod with leave 10 coupainants
TO add parties By Dill only an amendment to the
"a supplemental BILL payment OF lnsods costs OF the
hearing and preparation therefor. All other directions
reserved ,
Iuldah D. Barnes VS. Barness creditors In suit OF
V Church n. Church aud others-h Miller for Mrs
Barnes, H. Hogeboom for the creditors-Excepuan5 TO
the Vice Chancelors report overrued with costa The
costs of Mrs B. before him. TO be paid out OF the fund.-
and the residue of the fund distributed according TO his
C. A. Ten Eyck and E. Brinek1ioT Us Myroa Holmes
and o,hers-S Stevens for compliments Daniel Cady for
defendants Decree that compliments are entitled to
be first paid of the mortgage taken by Holmes from
Wiles his debt against VS. and for his liability as
surety for WIS TO compliments. Holiness assignee to
! pay accordingly. The charge OF fraud not made out
/ No TO either party.
r A. Sharpe and H. Clarke va e s. Bundy and Others.
/ H. w Strong for compliments; J. Holmes and N. Hill
lar for Wgh-Decided that issue of fraud is not raised
but compliments entitled 10 their debt costs out
of whatever balance belonged TO Bundy at the end OF
the first year of the securities delivered TO wight and
| w. must pay TO complansnts. No costs Tor or
! against Wight.
j M Daoison. Clerk IN Caancery Vs. Fd,er De Frsest
and others-M T. Reynolds for complainant, and for
defendant Ki!mer; D Buel. N. fer w and K CoIenaIn.
mer; J. Koen for De Forest and Sharp-Deeidea tna.
under the will of Conrad Colehammer, the four infant
grandchildren took vested estate 10 fee eacn IN one
fourth of the lands deterniuabe as to each on MS uy
log without issue living his DEATH and in that event hs
share go the survivors The latter was
future estate and valid That the lands havn oeeh sou
~ special guardian by order OF the Court Cnancery
and Mrs Kilmer having died without issue tne sur
the proceeds The interest which had accrued al ner
death belongs to her husband Decree accoroingy anu
for foreclosure and sale under the mortgage neo ~ tns
clerk The survivors release 10 the purchasers De-
fore receiypr any part of the principal vi me mortgage
Darid Oaman VS.. Reuben and HtAlam 4. hoas-A'
Dean for mpsinan; Decd "flsnN Iol ue'euia i
Decided tha, both security and assignee
en,i,led m the mortgage given BY W. Moak and ts
proceeds but he an infant ne may eiec' 10 nc
count for the of the mortgage or lot the value u
the merchandise he received reference 10 master 10
,st rho accoun-No costs this time 10 either party
Receiver ordered ii compsinan, will risk the expense
Elizabeth Wc,npkvs Henry Eda WorraT and others
C. C. Paige for complainant ). w Jones, for Van Wor
mer and wife Dispositions OF MGWillians and Sarah
wsmple suppressed with costs. Decided that the gilt
of the dates, &c. by NJ Wemple to Mrs. Van Wormer,
was valid-complanant to pay Van Wormer and wife
their costs after appearance Complainant may have
account before master 10 NJ Wempes property OF
which is entitled to the ncome-her right 10 such income
dates from the tcsators DEATH she taxes reference
] all farther directions reserved
Samuel Douglass vs. Hannah pteie and S. p ". Doug
lass Il w Strong for complainant; J. Edwards and ).
Stevens Tor defendant, Douglass. Decided thar the
judgments in partition made in 1914 and 1910 by the
Rensselaer, Common Pleas being defective their face
the Commissioners carrying out the whole direction
for partition and It being proved ths. this owing TO
pAro agreement between the Vees and the srsncsoa
sd Item of com 1ainant and OF : P. w D0ugsss by
which the complainant have the whole donor land
10 fee after his mothers death order to make his STARE
equal with the others and the complainant tnen being
an iniau, this Cour; has jurisdiction remedy the eT
and bound interfere as between the oElgina
Decree referring It Master TO ascertain me
value of the ao.ments when made and The value OF me
lands assigned for donor. subject 10 the wido" me
estate and what If any. complainant oushs 70 Py
10 the others for equality. retaining the donoI