The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-07-19

fore Of an application to restrain an adversary from
defending himself In . court Of Law, rs he thought
those premises with the Knowledge and of the
trustees. As to- the part OF the application which
seeks to make him elect; he insisted that the Vice
wife's portion IF her mothers estate but there
new facts put in issue by the supplemen tal BILL name
ly, that the trustees acting Illegally, and claim
ing that he himself was trustee in right of his wife,
and that they misapplying the trust funds, &c.
which not put in issue in the original cause and
that it necessary to have the judgment of the
Court upon these questions He further insisted that
the parties guilty of laches which disintitled
them to the favor of the Court. Argument adjourned
july 18.-Geo,ge H. Moore Us. Robert d. Hamilton,
Sc-Before Justice Hurlbut-Motion to dissolve
injunction, and motion for receiver 1t appear
ed that defendant commenced business with . capital
of $780, and failed After few years he settled with
his creditors, and paid them sixty cents the dollar
and went with his business He became embarrassed
his business until September 1872 when he failed and
compromised with his creditors except three for TWEEN
tyfve cents the dollar and from those three he
ceived extension of time. He carried on his bust
afterwards until 1896 and again failed, having
first paid two of the three creditors who unpaid
in ls42 On the 10th March 1S43 he purchased the
lot No 10 Bedford street for $500 and caused the
to be conveyed to his brother-naw in trust for
his wife. The bill filed to set aside that convey
fra udulent against the creditors. and in
junction obtained to restrain him from collecting the
The moved Today to dissolve the in
junction and the plaintiff at the same time moved on
notice for receiver The court denied defend
ants motion, and retained the injunction, the
ground that defendant did not show how he made
the purchase money of the lot between 1912 and 1913
that in the aspect of the it appeared to
operate against the creditors The motion for recev
or was granted
Clark, adsm Nc Intye-Nlotion to dissolve injunc-
tion granted,
SUPERIOR Court has adjourned to the 27th instant
COMMON PLEAs.-Before Judge Ingraham.-Ba Bacon
Goodhue.-This was an action on two promissory
notes. for $780, and the other for $685. The facts
shortly these The plaintiff held the defe ndants
note for $780, when it was about arriving at maturity
plaintiff take up for him The latter told him he
had not the money but said he had note for So 200;
that he could not get it cashed except by making
sacrifice, and that if he, defendant willing to bear
his proportion of the loss he would get 1t cashed and
take up his note. Defendant agreed, and gave new
note for $780, and the note for S35 being his proper
ton of the loss the $4,000 The defence usury
Defendant alledged that and half per cent per
month was for his proportion of the loss the
plaintiffs note and for which he gave the $35 note
The jury found verdict for the plaintiff for the sum
claimed, without leaving their seats ..,.s NJ,
johnson rs Bishop-This was an action Of trover to
that he purchased the wagon from a man med Hoey
but appeared that it continued in possession Of the
latter and that it by him subsequent sent to his
brother to be repaired and that he had directions
sell it. That it lay for considerable time at his work
shop, and was afterwards taken away and sold to de-
PENDANT. Sealed verdict.
COMMON PLEAS, July 1s-Before Judge Ingraham-
Helmufh Kaiser rs. Ernest PLACER ct ai-This was an
action Of trespass for assault and battery The de-
PENDANTS grocers residing at the Of the Sd
avenue anu totn eteet inc pian'n was tner iouger,
and occupied q in the third story. On the 9Th
of March last dispute between them in the de-
PENDANTS store A wituoNs who was also ledger in
the house at the time testified that both defendants
followed the plaintiff to his and assaulted him
very violently Of them holding him by the back Of
the neck while the other struck him with his fist in
the face Witnesses the part of the defe ida nts
produced, who testified that it was plaintiff who
first commenced the QUARREL and first struck of
the defendants and cut him severely in the face The
jury found verdict for the plaintiff, $35 damages.
GENERAL SESSIONS, July 17-Judge Ulshoeffer opened
the court yesterday, and the Grand Jury and petit
jurors discharged for the term in consequence Of
the illness of the Recorder The jury the trial Of
DUNCAN a charge of bigamy, also discharged,
and the prisoner detained until next term which
opens on the first Monday in August.