The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-08
DecIsIons I'm Chnncerv.

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Railroad Company VIM. Rutherford and George Wood
for Gouverneur NJ; NJ Morris for Lewis; G. w.
that compliments the Of the Harlem bridge
are not corporation and entitled to maintain this
suit irrespective Of the state of their bridge Also deci
ded that Morris and others had right to build their
private bridge, and to sell it to the Railroad Company,
and the latter to purchase it instead of building new
bridge That the of the Legislature authoising the
Harlem Railroad Company to build bridge and extend
their railway the Harlem river through West
chester county was constitutional and valid although
made provision for eompensating the plaintiffs in
spec OF their bridge That the charter OF toll bridge
company does not prevent the Legislature from auhor
zing the erection Of another bridge that Of the
pany where there express words Of exclusion
the charter of the latter That the Of the Morris
bridge bound to keep and it to prevent
but inhabitants OF Morrsania and the Railroad Company
from making it No case being proved against the
Norris in this respect the bill as to them is dismissed
with costs The proof shows that the Railroad Company
have not guarded the br &C. and an injunction de-
creed against them to prevent such unauthorized use.
and account of the injury sustained if compainants
elect take it. No for against the Railroad
Company to the entry Of the decree.
II compliments take reference, and recover over
500, for the injury then to have costs of reference
they 500 or less to pay costs OF same to de-
PENDANTS.
and Stevens for complainant; Harris for Willard
Jenkins c. NJ Jenkins for Ford Decided that the deed
from Willard to Ford jenkins was fraudulent and void
against complainant as creditor Of w. And that MIR.
Harris was not necessary party Decree accordingly,
with cost. against Willard and Jsnking
james Monroe and others vs. George Douglas. G.. M.
Spier w Belts and G. Griffin for Complainant J. w.
Gerard for defendant Decided that the decree of Null
ple Pounding in the Court Of Session IN Scotland in
1914 bar to the compliments claim That the sub.
jec matter Of the suit Castle Douglas being hertabe
estate in Scotland the court had jurisdiction to decree
upon the rights of all parties therein in their Absence
alter edieal citation conformaby the laws Of that
country. That such decree in absence, against
minor, is valid until it be reduced in Scotland in pro
ceeding upon the decree and complanants remedy il
il be not hOmoogated is by such action of Reduction in
Is favor @ ss
with the local law That to the authority to appear
for Mrs Monroe and the other children of G. Douglas
Jr the testimony does not suffice to rebu that legal pre-
sumption and it is not proved that decree absence
against minor having no tutor curator to defend
him. is absolutely void or is any more than vodabie
other DEGREES absence against minors That there
is trust in the case and that the charge of fraud
against the defendant which is Swallowed forth in the
bill. is not proved. Bill dismissed with costs.
Hiram Waiporth, Clerk in Chancery vs. Farmers Loan
ane Trust Compamy and others.-W. NJ Evarts and J.
Ketchum for defendants Decided that mortgage given
to the clerk for moneys paid into court in partition
s cannot be discharged without the order of the court
that persons having notice Of mortgage to the clerk
bound to ascertain that is not for such money be-
fore acting discharge, else to that order
has been made to discharge it that the mortgage in
question taken for the benefit of H. A. Cosars heirs
was not paid and the satisfaction piece given thereon
subject to its lien that defendants have no equity to
avoid the mortgage in consequence Of the heirs FORE
closing the second mortgage Decree for the sum
paid on first mortgage with six per cent interest and
costs Defendants may direct which lots shall be first
henry W. Ftetd vs. M Keen ana 0fherS--y. MI
Field and Whseler cross suit oh r Allen and 4. Sand.
ford for Field; II H. Wheeler in person, Reed T. Has
tings and j. r. Whiting for MKeen Decided that Field
entitled to file the BILL that the convey of the
Wayne county land fraudulent and void against cred.
tors and the of the money and securities paid
NJ. Reed on the Albany purchase. Decree for debt
and costs Of Field accordingly Cross bill dismissed with
costs. Ha
L. Brevsser and Others vs. Surges rewster executor
8c-G B Nissan and E. SANFORD for compliments; E.
Paine for defendant Decided that Mrs Brewster con-
veyance determined the trust within the terms Of the
will and compliments took the estate thereon. Their
chdren are necessary parties to the suit Cause to stand
over to bring them in
others II Nico and >. Anthem for complainants; E.
Sandfsrd and c. OConor for defendants Decided that
the order for mortgaging the infant Carriers lots in Pearl
and void The mortgages had notice Of the fraud
and their assgnees take subject all equities; Also that
the morage executed not in compliance with the
order; that on an order to mortgage to raise money
or on contract to build The being to forecose the
mortgage, compliments have relief in this suit
for the buildings erected Bill dismissed with costs but
without prejudice to any other remedy they may have
Hayes aud ST. John Currie and others-F. L. Maher
and s. Sherwood for complsinants G. Buckham and +
Sanford for that neither complain
ants nor Henry sold the Indiana and Illinois stock except
for cash deivery and that defendants had right TO
set of Henrys notes against the price The Curre are
return the stocks or pay their value with interest
was proper party, and must pay his own costs.
John L Moore and Others vs. NJ p. Moore and others
Moore; w. B. Aken in person.-Decided that the pur.
chase Of the house and lot in 18th street by Aiken for NJ
Moore at the must enure for the benefit Of
the MORTGAGE An agent to collect the debt cannot buy
in the property at such sale for his benefit at less
than the debt without mortgages consent M Moore
premises to be- sold and proceeds paid to heirs Costs
to entry Of decree to be paid by NJ Moore and Atken
Decided in this case that has no right to ex
anime witness co-defendant who is minor, against
his own interest," even he consents, without special
order Of the court
:; Christopher Wolfe vs. Will,am Frost-H F. Clark and
j. Prescott Hall for complainant: j. N. Plat and j.
Gerard for defendant Decided that the agreement be-
tween Wilder and Van Rans to set their buildings back
feet from Broadway, not being in writing, void by
the statute of frauds And that the Of part perform
ance set do not enable equity to take the out of
the statute and grant relief Bill dismissed with costs
Ze6edee Ring and Others Stephen Pail and others
Ring for complainant; w. c. Wetmore and M. s.
to the compensation for of the pier by the floating
dry dock and in the amount allowed. Exceptions
ruled with costs.
F. s. Kinney vs. j. Nc Cullough and s. F. Halsev-F 8.
Kinney and s. Sherwood for complainant; j. c. Smith
and NJ 8, Bdwell for Mccullough; A. C.. Bradley for
Hslsey Decided that complainant recover half the sur.
plus the sale Of Water street stores Against McCul
Tough; and that his claim for the other half is made
out No costs to either Kinney Mccullough. Hasey
to have costs gans k to be set of against KS decree
Cornelius De Kiyn and Others Charles De Kiyn and
othersA. Benedict for compliments; w. Lowerre and
b. w Bonney for Watkins; B. De Klyn for G. De KY n;
L. Wells and G. G. Van Wagenen for Ireland's. De.
cded that compliments have not made cut the fraud and
undue T influence charged against G. De Kyn in obtaining
and wife were interested witnesses. Mrs. De Klyn was
a competent witness.
Roy Tompkns John .4nthon, implicated ,cih Caleb
r. Ward snd ofhsrs-G N. Titus and J. cleveland for
ID. Lord with Mr.. Aathon. Decided that
Mr. Anhon plea Of bona Ads purchase Of his estate at
TompkiDsvlle defective not stating that he claim
ed no other part Of the $50 owned by Governor
Tompkins In other respects the plea Is valid Leave
to amend plea on payment of costs
CASES ARGUED roUoHxEEysrE.
John Il. Letting JosePh Lotting-A Crist, for
planan J. Latting and c. ,. Moore, for defendant
Decided that complainant as next Of kin could not
er on his fathers claims and that he could not join in
the same suit demand against defendant individually
with one against defendant administrator. Demurrer
allowed, and bill dismissed with costs
Jshn w. Righter vs. Bdscin Stall and Wife.-W. Emo,
for complainant p Outwater Junr for defendant, De-
cied that the agreement to endorse S205 the
gage on $1,000 beng paid before it became DUE
nsurous, nor without consideration The S2ieO after
dscharging the interest to be applied steably
to all the insts mens of principal Decree for foreclosure
Tor interest and principal in No costs to either
party to entry OF decree.
jackson and C,ist asngnees, Tvs. james Baeksoek
"A Crist Tor compainants c. B. Moore for defendants
Decree that compliments pay the costs Of suit.
Wiuam p. Wrightvs r. n. Tersdo aud ofhers-P. Pot.
l..