The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-10-21
superior court.
Refore Iustices Omar Mason and Cam

Before Justices Duer, Mason and Campbell.
Sheffield The Springfield Bank aud othersThe Points
Decfded-The satisfaction Of pre-existent debt Is
valuable !, sustaining the ts' q an en-
trine il established by the cases Of the Bank Of San
dusky vs. Caldwell and Others Bank Of Salina vs. Bsb-
been overrusd by the decision Of the Court Of Errors
In Stalker vs. Macdonald. PLANTING bill dismissed,
Jemims Tucker and others rs tn. Rector, Church
uavdens and Testrym.n Of 81. Clements Chtgeh.-The
words pous In the fourth section OF the act to
provide for the incorporation Of religious societies
must be restricted to consistent with the general
object Of the corporation trust to apply the rents
and profits OF lands to the maintenance support
the rector Of Episcopal church. Of this de-
scrpon, and is therefore valid. The act to provide
for the Incorporation Of religious societies Is not
revised statutes in relation to trusts and perpetuties
Bill dismissed with costs.
oihrs-Upon the evidence, the assignment impsached
by the bill was held to be valid Bill dismissed with
out costs.
The Marine and Fire Insrane, Bank Of Georgia r,
John " Jauneey and otss-The court held in this
that the transfer Of bill Of exchange drawn against
the bin not an equitable assignment Of the property
consigned the proceeds thereof and that In the alb
Of specific appropriation by the consgnor Of
the goods the proceeds, to the payment Of the BILL
he has lien ON them or for that purpose and that
consignment by the holder Of the bni could not a.
the creditor Of the eonssnee, maintain such en Bill
John q. U,inier VS. Samuel Drrry and an.tl,r.-A
negotiable BILL or draft payable generally, aud Is not
assignment Of tho funds In the hands Of the drawcs
so as to give to the payee lien such fund.-, either
in the hands q the drawee or Of the drawer or his
The delivery :. the Lin Bin dms.ed With cos ''''f
lSinsB y. Huff v. Shepherd knapp, Chamberlain, $e.-
The Marine Court Of the city OF New York is not
common law court OF record It has powers except
such as expressly given TO by statute and has
therefore power to appoint q crier, the statute
being silent on the subject. Judgment for the de-
fendant.
John s Gil,s Joseph Lyon, .adnini,rsi,r. &c., and
oiAus-The intestate created an assignment Of mort
gage TO his daughter in contdoration Of natural love
and Affection which was found among his papers after
his dscease, his daughter living with him up TO the
time Of his death Held that the representatives the
daughter entitled, In the absence Of proof TO
qualify the delivery or to show that he did not Intend
ths assignment TO operate immediately a. valid and
eneciual deed Decree accordingly Coats Of all the
parties to the interpoader suit 20 be paid out OF the
fund and also the costs Of the Etna Insurance Com
pGny In the foreclosure suit.
Uo0SirGrd HoTris and .1tpinwrN Bill for specific
performance. Bill sets up agreement by Harris to
fgn TO Noodssrd the government contract for the
Aspinws Held that this court will not enforce spe-
cfosy agreements to assign such contracts unless the
previous assent CT the government appears In this
case also other parties become interested prin-
orals suretics where rights would be pref udiced
Demurrer sewed with costs
Curt, Peck rs. Dariei Drep.-Dill for specific per-
formance Contract for the sails Of hty shares OF the
Peoples Line Association Held that the confederation
Is sufficiently expressed in the agreement that IL II
valid instrument under the statute Of frauds, aud the
subjects proper one for specific performance De-
muITers overruled with costs
r. Dsru in Iftclfei end etsrs ~. Hsnry T.. Kendall
end oihrs Plaintiffs sued defendants fer balance Of
pleaded issued in that State In favor Of
creditors CT plaintiff Held that where the ut In cue
court IL commenced prior to the Institution OF pro-
ceednrs under attachment in another court such pro-
ceedinge cannot arrest the suit and the maxim, gus
Jrcr est tenpore Foifor ,si s, must govern ths
Demursr allowed with COTS