New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-01-04

A Young man or lad belonging 10 Col. Burnetts Rcgt
Of Volunteers brought up ON application 10 be dis
charged. Hearing this forenoon
CouRr OF COMMON PLEAs-Beiore Judges ulshoeaer.
Ingraham and Ddy.-D eel s.--boD J. Lord VI
Philip .JoacAHassen.-Mr. Lord leased premises ~
Broadway the Court said. 10 Abrsm Godfrey from I'D
August isil to May l. 1850 and Mr. Joachimssen be
came surety for the payment OF the rent On the th
July ls45 Mr. Godfrey male an assignment Of all his
effects under the act TO abolish imprisonment Tor debt
10 Mr. chmssen. and MI j. on tie 10Th july let9,
sold al the right title and interest OF Godfrey IN the
lease 10 Mr.. Lord. The week following the quarter
rent became due and Mr. L. brought action against
the surety 10 that quarter which ended ON the
LIT of August The right O. DO 50 Is denied Tue Court
comedies that the action cannot be maintained
This may be hard case TOR the landlord tehafAs inc
Cour but we think Il well settled that the assignee 81
lease IS liable 70 pay the rent which becomes payable
after the assignment snd possession under H. Inc
plaintiff stands In that condition having taken possession
again before the August quarter became due and was
payable Ia such II assignee OF lease wished
TO protect himself against liability for growing rent
which will become payable after the assignment, ne
must provide for Il by express agreement
for defendant. with costs.
C. Flint Spear vs. Ua. Jsaes Sherif-The sheriff levi
ed upon goods in possession OF Mr. Knapp sthaV' on
an execution In favor Of Mr. Myers and lett me goods
in no.ses.ion of a clerk They We're removed, and a
aerond levy made previous 10 return day. In ne mean
time Mr X had assigned 70 planun VINO Drou ~ houoi
10 test the validity of the second levy no 'ult was
allowed and motion made 20 sci u aside. me soail
held that MYERS BY conserving that hnapps CLERK should
be- the watch on guard over the goods did not preclude
his farther levypg within the return day II Knapp OF
hi. clerk carried OF the goods that were levied upon
But N Myers party to the carrying on he goods
the the second levy not legal In TINS view OF ts
case we have no objection 10 the question OF fraud
being submitted to jury although II seems TO us maj
the proof the fraud In this testimony very shsht Non
suit set aside costs TO abide the event
Frsdsrisk Grigag vs John r. Bdafa On note o.
George F Spencer passed TO Mr.. q by Mr. h on ssls
/ of logwOod The note not having been peid, MT |"
seeks 10 recover Of Mr. H. the ground that the aei
know Mr. J. 10 be insolvent at the time OF giving hf
note This was denied. The referee gave IN isVor o.
plaintiff for 1924 and motion Is made 10 set the repof
aside The Court said that the note passed 10 the
Bank OF New York which now holds H. The plsintn
had no ht to pass away the note and then seek 70 o
stroy the contract for fraud. Before ~ can 90 so nc
must return or offer anything recevedby MA
10 payment a DEMO so But Tor this error the re
I port would have been confirmed II must now be re
erred back 20 the referee Tor reconsideration, win 10
erty 10 either party to furnish additional testimony
Francis NJ Potfe AdniRiSfraor, Sc. Va Susan A. Day
Order al Chambers confirmed lOn account o.
aches az well .ufciency Of the discovery on The par
/ of Defendant Costs OF appeal 10 abide the event
/ John 4 Meraf vs. Hin H. CorneA-keargument or
dered