The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-20

SUPREME CouRr, June 10-GENERAL TERM-The
following decisions Of argued ut the April gene
raj term in addition to those heretofore decided were
delivered this morning by Judge Edmonds:--
SWan and O'Connor, Executors of John Pye, Us. Ra-
eht Whaiiy, Ereeutrir, 8c--A trustee may purchase
claim against the estate he represents, but he may
not make profit out Of it; and whether the purchase
be for his benefit the benefit of the trust estate
at the option of the cesi que trust Where
tor purchases mortgage against the estate and is at
the same time in the receipt Of moneys belonging to
the estate he cannot forecosc that mortgage for his
own benefit, until he accounts for the money thus in
his hands at least by his bill of offers
to account therefor Decree Of assistant Vice Chan
ceor reversed.
Deiapiains ct al u.s. WaddeH &c.-Demurrer to the
replication. The first fault in the declaration
which was on bond in the penalty of 81 900, and
contained three assignments of breaches of S5l8 80
each This suit Is brought for the aggregate
three breaches and not for the penalty of the bond
Declaration set aside, with liberty to the plaintiff
amend without costs.
Holmes Ell al u.s. Dickinson and Deaplaine The
testators personal property not being enough to pay
his debts portion of his real estate sold for that
purpose, and afterwards $4,000 received by the
executors for indemnity under the treaty with France
Held that that sum did not pass to plaintiffs under an
assignment of interest in the personal estate but
belonged to the deyisees of the real estate to ndemn
y them for so much as had been taken to pay the
tators debts Decree of Assistant Vice Chancellor
versed and bill dismissed with costs.
Comstock Us. Nc Gregsr 81 al-Motion to set aside
n-suit-A nephew could not. before revised sta.
tutes inherit Immediately from his uncle, but only
he derives title from the common stock The grand
father through the blood of the father and the grand
father being alien, his uninhertable blood impedes
the descent. Motion denied.
Miniurn Us. Formers Loan and Trust Co.-On a bill
filed to cancel note given security for another on
the ground that the creditor had dealt with and given
time to the principal debtor it appearing that there
adequate remedy at law The decree of the Vice
Chancellor Diminishing the bill affirmed
Haynes w. Carpemer-Alotion to set aside report of
referee Denied with costs.
WardtceH u.s. Haight-A retiring partner must give
actual notice to his customers dealers in order
exempt himself from liability for debts contracted after
the dissolution, in the name of the firm No particular
number of transactions necessary to constitute one
dealer customer within tho rule. psrson knowing
Of the partnership, haviI. sod bill for cash and
one on credit to the firm, IL within the rule Motion
yos aside report Of referee denied.
WiHoughby, .9dministrator, &c. Us. Clarke, 8c.-An
ADM Illustrator who delivers to his administra-
tor with the assent Of creditor of the estate all tho
assets in his hands il discharged from all liability to
that creditor in respect Of those assets Testimony
taken in original suit Is not evidence per Sc with
out order of the Court, in n cross suit in watch
other persons parties, and the issaes different
Decree of the Vice Chancellor affirmed. r
Kelley Us KeHey-On error to New York Common
Pleas. An action Of account lies between two Joint
contractors. to build house, whore has received
than his share of the proceeds of the Joint labor
and ia the appropriate remedy in n case whereas in
this case, the balance less than 500 80 that
bill in equity to settle partnership wopla not lie.
Judgment affirmed.
Siewart Us, smsn, W;iiiGns & Co.-Plsintia was an