New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-11-30
Law Courts.


cour,-In 1898 Mr. C. wss surety recosnissnes Tor
lanes Bo.tonIsy 70 sppesr on . certain day ct the
Chambers Of the United States Court which be isieo
10 do Mr.. C. voluntarily add vi,hou. process paid 70
the marshal. $500. being the amount. eui der""a
,ed 4, N b givsu back 10 hin as he had concluded
10 stand suit Mr. W. refused 10 psy u Dsck .ns =.
q entered an action IN The Superior Cosft "
the amount but verdict was renoerso = - 80, ~
sp,sal made The money has ne'sr De1s - 80
NJ wsdde 70 the Uui.es sss a. ne superior Court
..1s,, :. the money paid over no oouo' oeiVnsso
= po,,orolsv and bad been placed ~ n.n "a ,ns e
"a r vbsp ke lsft the City 10 conpenssS'
from what II consioe" 'H0 "
Or co. xecoun gave an adverse opinion.
80 IraiS vs. high Graham ana ha7y hn we and
ITss,as1-AoJssl from the late Assistant Vice
SSss.,esIlor IL was bill iled By Mr.. Craig a. mort
ssgse OF Graham 10 forsclose on property where Tsp
osn bad second mortgage. Mr.. Isppsn claims that
he srt mortgage invalid. The Assistant Wee Chan
ceor decided In favor Of the hrst with notifications
Mr. T. appeals. The COurt thinks the deelsion was
risht snd decreed that II be affirmed.
Tappon 70. Crais.-Afrrned.
Samuel B0uton VA CODkisn Br1ss-Decres OF Asslssn.
Vice Chancellor dismissDs TIE bill 70 az back on SOFA
In Brooklyn for sssessnents affirmed with costs
JOHN C. Cl,0rs hdmtHtstrator 9e. sds John Pir1 aga
xif-Dseree Of Surrogate Of suffolk Co. allowing the
Bill Of Mrs p sgains, her fsthers estate, Tor services
rendered 10 him a. clerk IN his store. Affirmed
Joseph Cirisfoyksr appellant vs. Richard CoH7T ana
Cgruei,us Martini era &C. rVp0ndeats Of sur
rosste 81 Richmond Co. osmissna defendants ca 20 70
z.ev az barred By the statute Of Limitations srrfneo
cIa.. ~ Foster ". Hron, Gaioa and CERT Smith
Order Of vice Chancellor affirmed. with costa
G,or1, m Kiln and rife Va. Henry NJ Beftrn-lns
nrooeriy Rough, Of Mssrs Coles brothers Of Mira n 10
Isbe for hsr legacy Of $500 the receipt alleged 70
have been ver for her brothers bond not yuatng her
claim Decree Of late Assistant Vice Chancellor re-
versad-ihe land 10 be soo and the lessey paio.
RoJ,yt diaslo 70 EiokOlas g Kerfrrtsn, as-hr a.
ia entitled 70 receive back bic 60 shares Of North Aner
can Fire Insurance Co stock losnsc " Hssyronk seq
msn on tns amount advanced ~ n. y n " u. q g., .
being settled The claim Of Robert h not 70 sieci Mf
A. Decree Of Assistant Vice-Chsbcellor Holman re-
verseo.
Same AZ TO decree 10 OF X. Va. A.
Hiram. Ualooru va The Farneys Loan ana iratt 70
Inc estate Of H. A Carter after his death sold Tor
$40 600 Of this $4,000 was paid into Chancery As me
dover OF bis widow ai.erwMd Mrs Hosack 10 IsSo
the Clerk Of the Court loaned to mesHs jones' sno
L. Graham on bond and mortgage, $4,000. In 1871
the sot the Clerk 70 release or ssssiy mat bona
ana mortgage and take different one for the amount
After Sire Hosacks death the SJ9OVO reverted PACK 70
the Cos,er family fsreelosed the second mortsage
which did not pay the bond and mortgage ~ SoOOv.
They then insisted night 20 resort 10 me hfs mort
gage coniending that IL was ample security from ths
begning and the Clerk had right 70 fshsiy H. haT'
ng done go utbou, the order Of tho Court The Far
rne,s Loan Co bought the property belonging 70 inc
hrst mortgage and Iesist ,be application Assistant wee
Chancellor SANFORD decided IN favor OF inc rgnt OF
/ "a sale 10 the amount OF balance due Appeal was
made. Decree fiiuned.
S,rih Cam n b. Coules Tho. g. C01l,s ads The Ps0
~, Dsmurrers 10 indictments 70 Al alleged nonres
/ iient Toe afh3svits defective judgment Tor Dc
! PENDANTS demurrer.
.J1s r. Depevs,sr and r. Whimarsh John q. Wintr.
Appeal from Superior Court I1e plsintih on OF
cOvsry obtained letters Of defendant and read part
under objections bat refused 10 read the whole and me
Judge ruled that he DOT bound TO do So but defend
ent might make the balance, II he pleased, testimony
for defendebt Defsnsnts counsel refused 10 do so
verde, was rendered for plaintiff, and appeal msde
majority Of this Court considers the course on Toe tTa
| legal aud affirmed the Judgment Judge Mason dissent
ed He thought plaintiff after compelling the testimony
OF tne letters should have been made read the whole
or at least the whole DO considered Ia evidence on Tue
part OF painta that defendant might have had the
benefit Of such portions NJ be pleased.
Fftcko N. Hai9h eds. Jeremiah NJ U~dKH -lhe
referees improperly admitted confession Of s. w
Hsebt that + A. Haight was bis partner Report eel
aside.
F Marqueud Il a. ads The LOHS Island Railroad CO
Replevin.-Cssecome up from The Circuit Judge SUB
ec to the opinion Of the Court. Judgment for defend
ant without a return of the property.
Hslis Ames aud hlrah ROodvs. Washington L. Var
ana geo w. Jghhe adMrs Sc-ApDeal from the Com
mon Pless. This Court thinks the Offset was inprop-
ery rejected and the note not evidence under the
declaration Judgment reversed.
The People ofhe STATE o. Mo- York W. John Br0oks-
This suit brought 10 penalty Imposed by
the stats Of New York for nonpayment OF Hospital mo-
new The defendant Is master of the steamboat Nimrod
plyng under cOasting license between BIC gcport ana
New York demand was made upon him by the Pre-
sden OF the Board OF Trustees OF the Seameb Retreat
for the payment OF the tax known ss Hospital money
under the State law The demand was resisted on the
ground that tho State law unconstitutional, a. bein
an interference with the Constitutional power OF Con
gress TO regulate The case brought before
this Court Where a State law Ia msnesuy In Conflict
with law of Congress the Court said our Courts Will
declare 1t void where doubt exists that doubt this
Court thinks should be given In favor OF the state laws
II To- therefore, considered that the state law In quei
ton can be upheld. Judgment for plaintiff.
The Psoplevs. Cornelius YaRdrbM Similar decision
One of the Judges Of the Court Judge McCoun) hsv
ing retired farther opinions were given but the lis
of decisions banded to the Clerk Judge ii. sisted II
had been impossible write out opinions forthe judges
after being wesred In hearing argument all day were
compelled TO keep engaged I'll 10 OF II o'clock at nigh
In aiming and deciding upon the questions be
for them. Except in the two or three instances whct
have been named the Court were unanimous In the dc
| cisions.
Eli.a AAreztsld vs. CAas AhrsRf,ld-Relative to carr
aud custody OF their only child. Order OF Vice-Chan
cellOr affirmed
TAorne ads Hhue-New trial denied
Wm HauShy ads. The People judgment reversed
! Prince ads Thsri0t-New trial granted.
| Tayier We. Morris Judgment affirmed.
Mdvbee ads HifHi-New trial denied
Cris ads. ID Forest J-Mouon to set aside report de
Med
Poster va De Forsst- Same vs SANE Decree Of Assi.
ant NceChsncelor reversed
! Piers0n ys Miner.-Report act aside.
Agasv We. HqSah Judgment for planlih on demul
rer.
Srrhrtna SimpsOR-Ssms.
The Court adjourned for the Term.
SUPERIOR CoURr-BefOre ChiefJusice Oakley an
Judges Nanderpoel and Ssndiord- d o ci stons.-
Martin HAard va LndolpA Germ1.- Motion Tor ne'
trial denied,
John s Coaso ads. LOria BrOOs'-Jadgmens ior plAI
iii on demurrer.
Robert Gichris, e. al ads Hm. ?. F1Hiss-MOlion
se, aside report denied
Chiids va BdrnEm New trial denied
Rockrood ys. PeHE- New trial granted.
Hatkeld ads Hapens-Ssme.
Hanna ads Rsid.-Judgment for plaintiff on demurre
. BeyaHd vs. MayaR.-Motion to set aside nonsu
denied.
| Porte ads. C0naa.-New trial denied
PAsps ada Hays.-New trial granted
Cook ads Bacon Judgment for plaintiff demurre
Proctor Proctor, adsfaistraf0r.Report set ABIDE
Schmidt vs. Grahdm-Motion 10 set ssde report d
MED
Meekey ads. Decentralization denied. without costs.
ParskaN ada. Mechanics Bank Order confirmed
CouRr or COMMON PLKAs-Beiore Judges plshcens
Iugfshsm sud Dsly cisions-ksHHedy and 4
feyd vs. Snsgsq Report confirmed.
Pvlta s Ballard 70. Vm. J0nfs -Nonsut confirmed
Sherlock sds Grove-Judsmeni for defendant on d
murrer
Benneavs. TsNgk-AppeAl dismissed