The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-02-10


DEcisioss.-James G. King and Others b. Mepfekar
and others-J G, King Jr. and D. Lord for complain
oompairants entitled to enforce the cancelled mort.
cages given to the American Life and Trust Co. against
lsii, on the purchase ofthe Trust Co. certincaies
John Laurence, administrator &C. r Issoe Laurence
u.s. James King, and oihers-Cress suit-D B. Ogden
for complainant j. g. King. Jr. and D. Lord for King
and others w. B. Lawrence in person-Decded that
complainant, as mortgage of Mcvickar has right OF
subrogaion to the securities obtained by j. G King to
the extent of w. B. Lawrences deficiency in the pay
ment Tor the Trust Co. certificates according to the as
Of Ts. equity
der his second mortgage against W. L. Is no greater
than the companants whose equity is prior in time and
must prevail That to the lots formerly under the
Trust Co morgages and in 1912 conveyed TO King in
trust X trustee and his beneficiary were necessary
stand for parties paying costs of the hearing
Right of subrogation declared All other questions
served Decree for sale in original suit for the s2S ooe
H. 4 NJ Weed Us. smuii 4 MiIes-B. W. Bonney for
compliments; z. Norton and c: T. Cromwell for de-
PENDANTS Decided that the receiver in the suit against
H. Weed had the title to the claim against Small &
Miles and that did not pass by the transfer to N Weed
smun 4 Miles VS.. H. 4 NJ Weed : Cross bill-E Nor.
ton and G T. Cromwell for compainsnts; B W. Bonney
Msehasi 8 Ne.fus VI. a. Tandeyveer and otars-J A.
Lott for complainant; D. B. Tamadge for defendant
The court held that the defence of usury Is wholly
founded. Decree for foreclosure and SALE
Ala. Jones and others vs. Edsoia B Ciayton-W. NJ.
".
dant Compainsnt's FIR exception to masters report
on stating the accounts of the NW York ase allow
ed All the other exceptions on both sides disallowet
Decree accordingly Each party to pay their own costs
of suit
The Nsw Pork DRY Dock Company vs. The american
others Sherwood and George Wood for complainants
Ogden Hoffman and Daniel Lord forsdefendants Decid-
ed that there was no variance between the bill and the
ESQ 900 sterling Cor $3.50 000 and the deed Of trust to
them executed in 1888 usurious and void and
ha Tho IN ha
by the laws of this State, and the defence must prevail
against Morrison, the holder. Decree accordingly.
IN B. The usury in this decided by the court
by the Trust Company of s2So0o in their certificates of
deposit The Trust Company. in 1885 issued to the
Bank those certificates for sss 600 sterling payable II
yearly for which they took the BaNs bills Of credit
for ESQ 600 sterling payable in London from le42 to
took in trust of the Banks real estate In
New York. estimated worth $500 000 to secure those
bills Of credit by which deed the Bank was to pay the
ESQ O00 with per cent interest half yearly, to the
Trust Company in New York. at the rate of IS to the
pound sterling 40 days before each payment fell due
There other objections the Of usury, but
this was the only one decidedly
William Kobbi vs.. Thomas L. UnderhiU-N. D. Filing
wood for complainant; N. Van Vranken and r. H. Wal
Ter for defendant Decree that defendant deliver to
complainant the bill of exchange drawn by Clark Co.
James .austn Peter Miller r and others-J Gaul,
Jr for complainant X. Miller for defendants Decided
that conplainants paying into court $500 towards the
purchase he may have reference to ascertain the
amount due to defendants in respect of P. Mers pur
chase farm and paying such amount with deen-
dants costs the farm to be conveyed to hm-meantime
defendants at liberty proceed to Judgment in their
eectment; and if the $500 not paid in forty days, bill
with sS;s + As ssnys which
pied all last week and whole week in December, Is
still hearing before the Assistant Vice Chancellor
Brady is to succeed him, and Mr. D. Ogden will close
the argument in behalf of the Church.