The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-04-27

: Law Intelligence.

Of h.
unimpeached witness. who that the MORTGAGE
written after the death Of Mr. Proctor the motvs
must control and the mortgage declared foresrv
Bill dismissed with costs.
Joseph HaHoek and others Reuben Smith and
Ofhers-Decided that the unpaid portion Of the note
given for the purchase money Of the premises question
was valid equita Bile mortgage, and prior In lien to tbs
for a precedent debt The claim of the defendant NJ 9
Brown for the purchase money the agreement
sell being subsequent TO the transfer Of that note to the
assgnees Of Hunting. cannot be used to extnguah It,
Sale Of promises ordered.
Samuel G.. Starr Nesfor H. SanJoyn and ofhsrs-
Decided The agreement OF the defendant. Sanborn 10
give the complainant specific portion Of the profits Of
the business as compensation for his services made the
complainant consequently had equity have the
sets applied to the payment Of those claims aud the
sgnment OF them by the defendant Sanborn pay his
individual debts is invalid. Decree accordingly.
Henry Purdy as. Mark Cornell and Others. Decided:
hat the ufury set up not proved that the amount
loaned not being entirely satisfied be no order
made to deliver securties that there such rea-
ton established between the complainant defend
ants as to Justify the taking this
That the right of the defendant, Cornell the ship
claimed depends merely acts. any Documents
and the complainant cannot ask a mere opinion from
this court, whether such acts void Bill dismissed
Milford Martin and another cs. Wiiiiam Bryan and
tho improper testimony received by the Mas
ter may have formed the basis of his report ordered
that the cause be referred back to him
ton. -. -
Edward Stone Josiah r. Kendall aud other..-DheS
defence set up to the mortgage in this Of nnde
OF the dcfcndants' title, by the complainant must fs
The statements appear to be friendly advice and there
fore prvieged If not the injury credit produced
by SANDER cannot be up contract to pay
money; the right to redress does out of the
agreement itself and cannot be claimed by way Of re-
equipment; the defendant has ample remedy at law De-
cree for foreclosure and sale
.7ugustus Cowman Is Charles II. Macy.-The agree
ment sought to DO rescinded must at all sus-
tanned to the general employment of defendant
whchs entirely distinct from the purchase defend
ants invention The superior knowledge the defend
ant furnishes ground for rcscisson Of the agreement
do his Representations to other Inventions which
were merged in the covenants entered into BY him
The invention of Sawyer though founded the same
principle" may not have intersred with the defeu-
zation or mode OF operation but element, rule
law OF nature Even II 1t did, a mutual mistake 40 to
the quality Of capabity Of being patented" liz not
mistake OF fact which can be relieved against Decree
Morris Reynod and others rs Robert H. Patterson aud
ohe,s[Ihe main object of filing the bill, Is admitted
tabishing their debt, but at their own expense De-
cree accordingly, with costs to the defendants.
others-Thc defendants who are beyond the degree q
consangunity Of brothers and sisters children, take
scutor having neglected to invest is chargeabe with
interest but at six per cent only, he Shaving made
amount of interest charged against Him must be 70
aneed accordingly Decree against him for balance
James Span and another, Executors &c., o. Rs-
ehei Whaiey, E1eeutrir, &c. and others--Ths
as no presumption arises in this case, that Mr. Pye
| the testator Of the compainants. who was also
executor Of the estator Of the Defendants agreed or In
tended to it. when he took thereof
nor there any proof that lie paid for II with
sets Of the estate The claim of the defendants for an
offset must also be rejected the amount being unliqui-
dated, which defeats it legal setof and the debt
not being incurred the credit Of mortgage ii not
forming its consideration. they arising out Of the
same transaction there being equity any fraud
or concealment and being for money there being
insolvency complicated the like il fails az
an equitable set-oG Decree for snle for amount duc
James Moir and another,rs Richard Lyon and another
The allegation of payment in this the mortgage
not being sustained and the seto coming under The pa
clpes settled in the above of Swan executor
Whhley, executrx. There must be decree Of fore
closure.
James Loren Err &c, Robert Buloid and others
construction given to the will Of Robert NJ Steel
decensed and decree for distribution accordingly.
IS Cm.scERr. April 26-Before the Vice Chancellor
Dectsions-Jane Smith vs.. Alfred Smith-Divorcs BY
! reason Of adultery
Jean b. Surname VS.. Euphroysne Suraume.-Divorcs
Tor same cause The child or children Of which the de-
fendant Is now enciente ~ be declared legitimats
Caiharine Allen vs. Vim. .ahen.-Decree Of divorce
| for like cause.
Noble c. Minor vs. Harriet Miner-Ordcr OF r..
ference to master to report suitable alimony
| PENDANT pending the suit.
Horace H. Day VI. b. S. Decentralization for receiver
granted
| CIncuIr CouRr, April 26.-Bcfore Judge Edmonds-
| Solomon kipp .abm. Brorn rs. John j. Wil,s-Thi.
was an action on contract In October Is43 the de-
fendants entered into contract on behalf OF de-
iendant Mt Syracuse in this State with plaintiffs
deliver to them in this city on or before tho then
ing month OF November 900 bushels OF Al cents
bushcl The defendant afterwards refused TO deliver
the oats The defence that defendants had no
authority to make the contract witness was called
for the defence who proved that he the attorney OF
defendants that the contract entered into on tho
IL
Wles on the 9th that he, Wiles repndatcd II and
refused to take it, that the day the 10TH wit.
ness wrote to kipp Brown at New them
that Mr. Wcs had rcpudsted the contract aud further
stated he believed he enclosed the in the letter
In reply to this the plaintiffs proved by another
who called MIR. Vile. in April 1876 and he WIlcs
then stated that he would have fulfilled the contract n
It were not that boat load Of oats sunk in the
Erie canal After the evidence both sides was closed
defendants counsel moved for suit contending,
that inasmuch "a, MIR Wles, the moment he saw thu
contract. disGvowed II, the action could not be
maintained On the other side. it insisted that the
evidence OF plaintiff IS witness showed recognition OF
the contract by the defendant The Court their
opinion and let the case go to the jury. The
then summed up, after which the Judge charged that
there were two kinds Of agency general and the
other special The first question they eide was
whether inc DEFENDANTS ION wac special or general
agent and the next question supposing him to bs
general agent whether the making the contract in
question was within the Of his authority under
.nat general agency IL they found that he gen.
eral agent and that the was within the seopo
OF his authority then undoubtedly the defendant was
liable, and they ought to find verdict for plaintGs
They should next inquire whether he WAS "A speoial
agent ana u the defendant by act Of his either bo
recognised It, then they ought to find PLAINTIFF bus
ifrom the evidence they to the conclusion that
ne was not general agent then they to consider
the testimony Of Mr. Meach and II they believed his ev
encc, there be doubt but defendant recognized
the contract and in that case they ought to find for
plaintiffs Scaled verdict For plaintiffs Mcsses Jordan
and William b Mech. For defendant Mr.. Joshua
Spencer
UNITED STATES CoMairssIoSrp's Oyr,cy--Bcfor.
Commissioner Morton.-Cyuei and Unusual Punish
m,ni-A warrant was issued on saturday BY the Com.
missioner ON the complaint Of Charles Miller a seaman
belonging to the brig Lowell against Nelson Jarvis and
John brown captain and mate Of said brig for cruel
and unusual punishment the voyage from this port TO
Lisbon. The captain only arrested the mate hays
ing made his escape The heard by the CON-
missioner and the charge against the captain dismissed
VINO then procured warrant for the arrest Of Miller
u charge of perjury.
CouRr OF OYER TERMISrH AprL 26-Before
Judge Edmonds, Aldermen Messcrolc and Compton.
ForoEKr oAsn.-1he people Har,ls-This cause
was Get down last week for this morningthe parties
with their counsel in attendance but upon calling
nj
after delay the suggested that II should 20
over till next morning, and I'm the time the Sheriff
directed to &c tacsmen from the bodv OF
the county, The court then adjourned
CoMMoN PLrn.-One roplevin case (only) of no nte
rest, tried In this Court.
CouRr CALENDaR TINS DAy--Circuif Couyf-Sos IA
Al So 100. I03 I05 O7 Ito LIZ liz IaI 40 III las