The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-04-02

%. The Executor, end ssrpi.ors Of Jhn Hon. sor.
IrH sm'th son f.iled in 1898, largely indebted to
100000 In 1882 8 fusl account was rendered bv Hone
Sons which passed without objection end without Ii.
quotation until 1885 when they and finally obtain
ed judgment for $500 900; thereupon nled bill In
Chancery render available certain securities on that
TO forecose certain mortgages to secure tia debt -
The judgment was finally paid, and by the arrange
had been pledged to the debit years aerwsrds
he fled the bill in this suit alleging two in the
accounts, amounting to 100000 and seeking to have
imposition In the that the accounts could OF be
opened because of the lapse Of s the destruction of
defendants books OF account by the great fre of 1898
the acQuiescence OF plaintiff Ia the account as
the repeated sdJudcations of on the indebted
ness COMPROMISE Of the claim by Brusn for q sum in
gross the release of him from the and the con-
to him. the settlement OF certain propertv
which be does and cannot restore tbs rspeata
opportunities he had had of contestng the claims ret
had omitted to do the collection of the
Judgment on compulsory process and the fact that even
be larger than the dyment which had been obtained
against him Bill di,missed
Harry Smith ads Loomis 4 Tuttle-Motion to change
venue from New York to Chemung county. Granted.
George W. Marks us james M. Kemp and othsrs.-Bill
6isd to set aside an assignment of legacy under the
will Of plaintiffs uncle The fraud charged being DENT
ed and being unsupported by proof mere inadequs
cy Of consideration not beng sufficient set aside
prove fraud and mposon Of which there is no sv 70
dence in the Bill dismissed
Peter Scherm,rhor' and Others Us the Masor, &C., of
New York Bill fied to restrain the defendants from
collecting wharfage on the outer end and northerly side
of the pier at the foot Of Bsekman street the ground
the defendants was owing to rregulsry Of
the property Of the riparian owners lie had been held
by the late Supreme Court In another and was 10
held by the Assistant Vice Chancellor in this case and
now, on appeal, his decree affirmed.
Milton Sc John vs. the Third PresIyerian Church of
the City Of NeW York. On bill filed to forsclose q
mortgage given by the defendants their pastor se
cure MIN debt owing to him for his services such,
the defendants pleaded that they had given the
gage without frat obtaining the of the court Of
ehancery Held that the plea bad, because it was
PENDANTS were actually owing the mortsage or not and
because the consent Of the court of ohancoy Is not
ce.ssry under the statute to enable religious oopo-
ration to execute mortgage such consent being neces-
ruled
Vdn .drsdate Allen Susannah Drake and others
Bill for partition Plaintiffs assignees OF Lsamsu
who by virtue OF his marriage with of the tenants
IN common IN rec os0,ms Selzsa OF ne estate In one
the plaintiffs. who now seek Partition and sale Of all
tho premises held In common because they thus, a.
they suppose, realize larger sum for their interest.
Partition granted-because, under the statute, tenant
for life hes an absolute rig hit thereto but sae denied,
because the premises are not oircumstanced Is to
render partition impraoticabe
Stephen c. Phillips Wiiliam Bursher.-Bin 70
compel specific Performance Of agreemen to pur-
chase or compromise judgment belonging to the
plaintiffs specific performance of q personal con-
tract will be enforood in equity, whers the party wants
the thing In specie, and he cannot other Wise be
penssted where award Of damages would not put
him in situation es beneficial as If the agreement
Specially psIorwsa' or w9efe compensation IN de-
entitled the rule bsng mutual II the party agreeing
to sell an article would be bound to perform specifically
he can compel the other party to pay notwithstanding
that decree would be nothing than verdict and
judgment at law An agreement of creditor to take
less than the OF his demand upoD receiving securi
ty for the amount to be paid, valid agreement, by
of the additional benefit arising out Of the
rity stipulated. Decree for plaintiff.
Greene y Thompson vS .lndreto Il BrfnckerhoF -
Bill filed to compel defendant to surrender of and
Bill dismissed, because plaintiffs never the
having paid the money for it before maturity; and
because it other WISE the1e would be ade,
quate remedy at law.
John p. Schsrmerh horn ps james Anderson and ohe,
Bill filed to set of judgment obtained for dsMy aes
for breach OF the covenant OF quiet enjoyment ia
agsinss the rent The set of not being allowable
the statute it not within the equitable rule If set
of which !, copfred to demands connected wysh each
others cases of mutual debts and credits whero the ba
lance only is the real amount due Bill dsmis ed
.dIsrander Cummings and others W,Iiirm Banks
4dmtnfsr0tor Of Robert Weh-Bil filed by plaintiff is,
residents In England US legatees under Will of H q
McPherson OF the Island Of jamaica to CHI the sum
of $4,000 in the hands of defendant ad of
Watt, wno was the executor OF McPhersonE will Held
toat decres obsined by these plaintiffs in the High
Court OF Chancery in Jamaica against the Of
under MeP's will and Watts liability is primc f,cis
evidence in their favor against auxiliary admilstrc
.or in this court and to bs deemed right until the
contrary established the principle that the point
involved has already been decided between the partes
or their prives, by court Of competent jurisdiction
Held, also that the defendant not independent
administrator yet trustee for the que
trust under ats will bu, ansiary TO- esu ex-
scutor and bound after payment osuch debts ~ might
be established in tribunals the funds In his
hands to the foreign executor for the purposes the
will and that in attempt by creditor toreach these
funds In his hands It Is not necessary make tho par
Ties bene6oiay interested In the fund.- parties to the
suit whether the cssiu, que trust, u respect to him,
are the legatee under the will Of Watt the foreign
executor Decree for the plaintiff
MAJ dret BurdeH vs John BurdeU.-On a bill filed
It That the
nus wiie and children Tor several yesrs, without oonri
outins at all to their support and such abandonment
being without lawful excuse, decree OF separation
granted. The custody of tho children given 10 III
ther because OF his superior ability to support ,hsa
because Of his upright character and because OF tho
evil association which proved sganst the mo her
Tor year or more past, and which, If has not
minated her. may sndanger the morals Of the children
Robeyt M Evaas Us. Thos. Tdnce.-A creditors bill
containing only general allegations to property but
no specific charges being dismissed because property
Of the debtor found motion TO set ca the costs
OF the defendant against the judgment denied becsuse
the bill fishing bill and abuse Of the legi-
Innate purp ,ses Of a creditor 3 suit
Dsp.ystsr r. Whitmarsh The Sun Mutuaf ln,u-
rance co,apsny On policy OF Insurance On cargo
Sam'f on sns 70 new xSra With
viege Of performing voyage from Santa Martha t.
Chagres and back 60 Carbasona, with leave use To-
additional ports the voyage from the Spanish M
New York; was held to be deviation for u III t(
touch at ports the Spanish Main, tai evesse
sne ss'1s nel ors Ssso no
tried the cause was la regarding tbs " @ ouose wno
were on the vesse snd not en- the osraa b 10
having, In her voyage deviated, thoSs .ne vessel
cargo taken In Nonsp't tn " not after ner
trisl granted. 'e' As'ue anu new
Iane matter ofhe WTn nd foa;,;,. If d.
man, deceased sprssl from decree sdgns n n.
coiicis to probate Decree reverssd bacsns no
TOR was not OF sourd aud dsposng mind and was unde,
undue influence and trial by jury awarded
worm .dm"ican Fire Insurance Co Us JAMES L Ora.
rum and ohsrs MOTION to open final decree denied be-
osuse no merits ar suggested the whole dispute ID
about costs, and the irresularity was waived.
u g. CooMMIssIoNER's OFFICE. March 81 BEFORE
Gardiner, Esq - SLAVE CGse.-Th, iuvrstqat ion n,
he case was resumed this morning Some hers of th,
crew were examined but their evidence was merely
cumulative Lieutenant Hunter of the United States
the Coast Of Africa. The only matter of importsnor
so ed in this days examination was the that the
brazilian siave dealers are begnDiag to 20 ort for
the purchase OF slaves to the east notssd of the west
coast OF Africa there being scarcely any cruzers either