The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-06-24
GENERAL TERM.
Before Justices Uuer. Mason and &


Before Justices Duer, Mason and Campbell.
JuNE 23.-DrcisIoNs - D.rid Setdcn Thsmss Per-
IN ths State and partly in Florida and Tn. partition
was denied and the bill dismissed the grouHd that
II the parties were legal equitable they had
con.ttued certain persons their attorneys to sell the
lands and that the power thus given irrevooable
unless with the consent Of the grantors and that the
parties the owners the attorneys In
trutess and hed the title valid express trust to
tsl the lands fer the purpose Of satisfying charge
thereon Bill dismissed, with costs.
-fkIsnder NJ Cos' rs .dugustus L. Allen and Henry
p .oAen-Bil TO set aside cancel Judgment upon
confession Plea, that the plaintiff hud applied to tho
Court Of Common Pleas for relief the grounds
stated In the bill Held that the decision Of court
Of common law on q summary application by motion,
Is not J"deaa so Is to preclude the jurisdiction OF
Charles .dustn + others G'6sn Tenpkins. sdnr.,
AVID sihe's Bill by Judgment creditor Of the late D.
Tompkins to reach fluid paid by Writ Of IT
Congress to his children and heirs The defendant do
INJURED the ground that the judgment than
twenty years old and for want OF equity Held that
the statute having created bar TO the proceedings
under Judgment alter twenty but only declared
payment the defendant should have pleaded payment,
or set 1t up in the and could not take advan
tase Of the lapse Of time demurrer Held also that
the bill alleging expressly that the United States
indt bttd to GOV Tompkns. and that the paid to
the defendants paid in dicharge of such indebted
the demurrer want Of equity could not b.
tanned Demurrer overruled. with costs.
.qbraiam Cor Is. Issbriia Nc Bl~ney ct a-Claim
mortgages Exceptions to Masters report that neither
Of the claimants entitled to tho fund The report
Of the Master is confirmed The conveyance to isa-
bella McBnrney WAS void as against creditors Tho
surplus being the proceeds VI real estate FORE
closure after the death of the mortgagOr Ia not ases
winch pass into the hands Of the administrator Tho
general assignee in bankruptcy took no titles under
the decree in bankruptcy against Thomas McBurney,
the brother and surviving partner OF the mortssgor
The fund Ia equitable assets to he Vided by the Court
among the separate creditors Of Alexander McBurney,
II there be any and II none among the creditors "
the firm Of T. & A. McBurney
- - IS
an application regularly made for an injunction,
which was granted demurrer afterwards hled
he present application to dissolve the unction
but order made that 1t should stand untii the
demurrer dispo-ed CT The demurrer has been
argued ut u special term, and overruled. The effect
OF that decision H. that the demurrer IL sustanabe
and that the injunction must. therefore, remain
Motion to dissolve the injunction decrecd. with costs
Churchill snd Ofhrs rs. Suliirsn.-lt appeared that
Sullivan occupied small tenement in University
Place, under Churchill that Churchill wished to get
him out. and he accordingly applied to justice aud
procured warrant aud sullivan was removed. Sui
Ivan then brought his action against Churchill the
Justice and the officer who executed the warrant aud
obtained verdict for 500 ON the trial Sullivan DON.
tended that the Justice who issued the warrant had
no Jurisdiction under the but the Judge that
tired held hat he had Another point raised
the purt VI Sullivan whether 1t was served &C
cordng TO the statute which requires that It should
be served the tenant himself some person of
suitable age. 1t seems it served the motaer Of
Sullivan, and 1t cOntendcd that the evidence Of
the service did comply with the statute aud the
Judge that 1t did not 1t not stated in tho
officer that Sullivan not present, or that
hie Their the premises whtn tnt warrant
served The Judge theref told the jury that they
sboud find against the Justice and the constable. and
that Churchill should be discharged Judgment
against the officer, and affirmed to the other
two defendants, without costs.
The Mechanics Banking Association rs. p. Case
II seems that Mr. Case citizen Of Rhode Island was
In the habit Of making remttancos TO Howe his cor
respondent, in this city. for certain purposes On
certain OCCASION he remitted several checks to Mr
Howe. who received them the morning Of the 5th
December deposited them in the bank, for which
ne received certified check 1t seems that Howe mis-
applied the aud the the part Of the
bank that they gave value aud that Howe violated
his duty IT. question bet ween himself and Gaze,
ard they were not to be- made liable 1t would appear
that Howe conducted his business In most extraordi
nary manner, he entered into private arrange
nient with one II the clerks Of the bank with the
knowledge OF the cashier. Howe it scsms would make
up bundle Of any kind Of paper consisting of Texas
scrip. and other securities Of similar kind which
would be received from him by the clerk and certi
fed check given to him IN place Of the bundle. This
carried for time, until the directors found
1t out He then called upon to bring the business
to close. and be did On tbs day previous to is
suing the check Howe clerk deposited bundle tho
kind in the bank, and received certified check and
ire next morning he drew it out In this state of
the the question arises what the character
Of those funds did the bank part with those certified
checks on the credit Of those bundles, not. The
jury found they did not. Motion for new trial denied
MinIuin .4AeR ct al Motion for trial denied
Assr Bak.r- Judgment affirmed with $l2 costs
BuibGnk rs. acknowledgement affirmed, with $l2
eosts
SrineJurn rs Beach.--Judgment affirmed with COSTS
$12
Baird IS. PrendeuiVe.-Judgment affirmed, with $12
eosts
Dapsom rs. .7irony.--Like judgment.