The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-11


In CHsSrrnv April i0-Hon. Anthony L. Robertson
Assistant Vice Chancellor Gases argued at Albany
samuel Douglas rs. Stsphe. p " Douglas. e. a. -
The defendant was entsdto put in an answer m d 40
protect himself against case which, II made
out. would charge him with costs, but NOT 80 80
as to claim any right As Doth hu abs ascendant
Douglas must release his interest In the premises IN
question and injunction issue against MIN 70 prevent
any sale incumbrance thereof
Richard r. Derift rs. Ssmuel Bard. ct. al--On re-
ference to compute damages ON bond given on tne al
pleadings arguing dissolve the Injunction, and pre-
pairing for the hearing Is allowable but not COSTS pre-
yously paid for favor obtained rom the coSr',
Of the bond. whose collection was delayed Mas
tsr's report to be modified accordingly.
Robert Brice as James X Brice, ct aL-The bill docs
not sufficiently charge fraud the defendant Lewis in
reference to the first deed and the only evidence to I'M
the second deed goes to show that given to
Lewis fraudulenty. enable him to justify ball for
the defendant Brce the admissions of the complainant
70 Mr. were not TO enable ,he
counsel and are therefore not confidential The bill
dismissed with costs.
ers-Obections to testimony before master must be
urged by motion to suppress and not by exception
we'll because taken by defendant Bundy and not by
Wight The interest Of the former In the amount
large possible the oompainans also entitled to
costs.
H.nry c. Miller ". Henry smfth-A partner has no
prssay stipulated for all the exceptions except tho
oond overruled with costs: on which costs are to be
allowed the complainant The costs Of tho parties to be
paid from the partnership assets. A stranger to
the suit, assignee for either Of the partners. may
S.7. II. ns S ssa for ".
partner In partnership property, may be sold by She
rif execution against him, subject to the equitable
pay partnership debts reimburse his payments for
such debts A. neither party applying for this fund has
renee to master to ascertain them Special directions
"a to costs.
petitions disposed of In the above case
The Farmers' Loan and Trust Company and George
H. Conant, et al-The provision Of the statute author
sing the execution of an instrument by the President
and cashier Of institution formed under the General
Banking Law does not authorize the execution OF such
srai power but delivery Of mortgage by tho oioers
Of the company security for debt Is sufficient az
sgnmsnt The defendant had notice OF uch ASSIGNMENT
pieoe evidence Of payment which could DO re-
butted. Ordered foreclosure and sale
Samuel Partidge-The provisions Of the revised sta
tutss prohibiting the board Of directors Of moneyed
Institution under the General Banking Law, or any
other corporation not required by law to have board OF
s the penalty mot on rsse Ss
specie does not constitute insolvency within the mean
Ing Of those statutes Decided that the delivery OF the
stock in these cases being for sufficient
and without any fraudulent intent in fact, were valid
and the bills must be dismissed with costs
CadUpilader c. Ciute ct al. y. Henry Loren ct al
As the evidence shows an unsettled between the
defendant Yates and the defendants Lovett and Bar
hydt-Ordered reference to master to take that &C
count, that If there be surplus 1t may be paid to
the compliments to satisfy their judgment.
Daniel johnson and Wfe, Administrator, &C. Of Wilm0t
Stuart Jacobus $40 art-Decided, that an admnistra-
tor has right to file bill to settle his account with
Of the next of kin of the intesae who has convert
ed part of the property of the ntestae to his
il former recovery for the cause Is set by an
there must be reference to amaster under the
asth rule enquire into the truth In actions for tort
depends upon the evidence which the recovery was
obtained. whether the claim part Of the same
net for which the damages in the former suit were
Ordered reference toa master to take the
count and enquire into the identity of the two Of
action
SUPERIOR CouRr-Aprl lO-Decisons in Banco-Wm
Myer ct 81 u.s. .1lonzo y. Lane.Motion denied without
costs
Joseph ", Trusts ads. Chas. II. .qdolph-Motion de-
MED without costs.
James II. Suydam ads. John Brown.-Judgment for
plaintiff demurrer with liberty to defendant to amend
payment Of costs within ton days after notice OF this
rule
John H. l.. Nc Cracker ads. Hugh Nc Corquodale.--
counts for the defendant tho third fourth
fifth and sixth counts with liberty to each party to
amend and plead de payment Of costs within ten
days after notice Of this rule.
Susan a. Day ads Richard M Clark, ct at-New trial
granted on payment Of costs.
CoURr CALENDAR roR Acknowledgement Court-l0,
s. l3 49, 90 So 54 65 to H. 70, 49, 81 to 93 e3 &c. lol
07, 49, ia lis, III, 49, 49, l2l 49, 1874 l0a 81, 8,
100.