The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-30
NEW YORK, WEDNESDAY MORNING, SEPTEMBER 30 1916.


Decisions in Chanesry.
Hen Lewis n sanford, Assistant Vice Chancellor.
sxrr. ag-THsmss L. Wells. fks Trustees ef Jssss Inn
Dysn s.s ss..rs.l.s w.ths- cAaynsn; isaac Gibson
Foc, Tor isfsndants-D that tho mortgage and
ssor~s Of The Washington Insurance Company against
10 October isls That me uuss estate Of Mira Dysit
we're me borrowers RON the Lie and Fire Insurance
Co. an Ch.pmsn acted therein a. agent for that
The LIE and kirs Loan isr a. ~ tie mortgage dc.
assigned a. fscaslt slFiousfaal ia other
irs's ss.ss sh,cb also coua r-sssn under the loan
tbs rns ~ss no. an n,srsst ~ the Gotten fseory but
s. s.He Tat s 2. ne 20 sss.s !. 'as % ns
qossuon and the trust estate not by that sale pre-
esdsi itsn Afmies the loan. sod rsdssmng the mort
the ssms there 10 nothing in~quitsse IN enforcing
tbs decree ss.nsi the u,is which Bschs acquired
RAJ chapman. sqals.bls right IS purchaser Of
hall ,ns factory N isss, dsss not warrant him or
bscsuss ssvsr paid price indsmnisd the iru,,
estate and payment and Indemnify now would require
mere ihsa hall the decree That his debt against the
same dsb cannot be onset, bsYoni the value Of Mrs
Dysiss lie Interest In the decree considered a. capital
sums pad By Chapman the Lie and Fire beyond his
Iecsgts are proper Offset The Life and Fire bonds
mortgage Of Chapman stephens for $4,000, were
usarioas. Tho compisinanss took no title by their
OF the deb, Is ans,sing, because II was AFTER c, had
assigned 10 Taimsn Complsinsnis entitled 10 have
so.os, s"a I.nas 'o'a !" pay ssmneee' w ,s
As 10 the Red lot and factory there was no merger as
s,hsf sss 40 ,Ss a.. sf ,hs or s m he yh
10 Testr,rt ID 20 psper mill No forfeiture hv The
change, but . syas.t ccmplsnsn,s the owners Of this
anc,oa sns Il. other use ana reference 70 master to
sseerais precise boundaries whole recovery goes TO
Dsuisi DIspsr ss. Gordon ssd Br.vn-N Gordon ",
DrsPey and Brevn-tero. suit )-E sandford for com
brown Decided ths, there 4 NO proof Of the consera
oo When hs sSs 90 n.nk ,usg wsrs .s.isnsd
40 Draper Ara that n Il NOT proved that when Dysper
bousht The Judgments he Was ind~mniSsd by Brown. or
SsS Pm re- ,.sslssscn snv ss.s. al 1arar sns prnwn
= S.e.aa.p $1,000 ~ crass Mn a., M Sasnc.
which he has emitted 10 state in his answer TO- the
nal nm ,hs A. s"rs ssins Inoxn 10 him whsn he an
saa ,ss,s hsins NOTHING 20 nrsysn, bs settling
!, M IN NJ. sas~sr Ssmnlsinss, p,se,, 70 hsr. usns
w ar hs A., and NJ. cass AZ both .u,,, :. ersa
@ 70 ~ ,or s ~, , ~ h,i S,ss ,,so, s
49,, az sho.. $50
on the motion to suppress testimony, T. D. White
g. also ,s pissanrs IN n. Bspt 81 u.ics Chan
~. s, "a IN. 81 Prince a. IN.
Ss,sr;s. VaIous oh.r minute ron,s dsciSed As 10 he
tss;monv A-'' '''''
! 49,. iahnson "a, comnisnsnts ~ A Tx.ws
o. Ws,,h,.s Rsman ma ~ .n1 n,u.ns n n ~
i;nvvcc1 for a. W Brue. ana ths heir, Of r smith
snS ~ w;i,;sms psc;Sss sbs iii the debit Of r.
sw;,h son for which Rruen heId IN trust smi,h,.
real estate and The ship Maria ana her cargo. from
s.,s,. hsfoya isaI Ths, N n,asn y A from
,s,ss nj ina real c,,ats for smith. Le,rs and
al s smhsscnsnt s,,iss 10 the zane nr,curd Nv ana
,hr,"h recIosures enurrd for hsn.t TN. ,iIlr.
hclJ bv n A NJ bruen were scau,rss E,iheut eonsi.
a o ~ 81 ru, hsre he sans ~ ali ~ Isni.
The are 10 he sccountea for TO sm,. estn
That n " smith NJ his ssth vas m more IN an
xsoo oao To smith son and thai arm by means of the
| ccomnromise Of n, debts has surnus Tkatt W
RymIr 80 crsor or Saith. estate IN r.ereet of hi.
AN, 20 IN. Arm was entitled 10 ba, one hall OF that et,
"a ~. - IN cs,s. y, smith in ,bs hand. OF s prn.ns
and the heirs ana deyisees OF smith and g w Bru.
anti .vsns him That Smiths estate il 10 p. redi,ed
vh me Arm the 5000 600 paid TO the United states on
a.. of ths large debt of smith aud son, but
Rrnen h not 10 be credited for his claims against the
govcrnmeut on that occa.iou That the from
Sm;tb,s hsirs 20 and A. M Brueu do not affect the
comnIainsns case. and AZ bew zen themselves the re-
| lenses bcins without considc ration smiths heirs
10 The dacharre of smiths debt TO o. Druen TO the
erooeration Of the property which NJ Bruen gave up
10 the heirs Bruen 10 be allowed liberal sum Tor
h,s services in The government compromise commits
s;or nr saIo ~ the Mara,s cargo and his dshurse.
rr.nts WITH ali o,her reasopsble allowances Ac.
cc"ns. S;rected with a great variety OF detail be.
twe.n NJ Rrusn and smith. estate; NJ Brpen and
smith a son, emith,s estate and O. W. Bruen Of the con
csrrs of smi,h q son: ana d; w Druen with Smith.
w and H. Bruen A receiver ordered Of the effects Of
Smith and of Smith and son. in the hands Of Bruen
| and III and A. M Bruen and Of O. W. Bruen as execu
tor and an injunction against its disposal Decree TO
be entered a. of a day prior to NJ. Bruens death.
John a. Miidebergsr james Bsvfine, complanan!
in person j. Cary for defendant--Decidcd that Mas
ter was right his report the partnership accounts
No such balance was proved Decree for the complain
ant on the re sidue of report No costs either party