The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-09-24
Superior Court.


Before Justices Duer, Mason, and Campbell.
snrr ~ Gardiner G. Hswiand and others, Executors
Se~,sary and james Bailey bill to settle the con-
Of the will Of James Roosevelt deceased and
defendants tho Union Theological Seminary are sn.-
tied to two thrIs Of the funds IN the hands Of tho
executors d belonging to the share originally devised
to the defendant Bailey and that the devise and bs
quest to him Of the remaining one third not
voked. Held ALSO that the devise and bequest to
Bailey Of tho reversenary estates and interests men
toned In the will not revoked Decree according
Costs Of all the parties to be paid out Of the fund
job" Palmer, Special Receiver Hsnrys ystes and
sfhe, s-Bl for foreclosure of q mortgage Held that
the nd set eff which the defendant Yates
relied, were subsequent to valid assignment Of the
bond and mortgage suit Of which he had notice and
could not therefore be admitted defence Decree
for plaintiff for principal and interest proved to DO
due, with COTS
John L. Nc Craeken rs James "A. Vaisnins and CHARS
Foreclosure case Decree TOR plaintiffs, Of reference
and sale Of the premises.
Thomas Prot rs. John T. Gilehrist and Others The
Court Will not stay the proceedings in suit to fore
close mortgage given for the consideration money,
the ground that suit has been brought to recover
possession Of the mortgaged premises by third party
claiming under adverse title. 1t il only after svic-
ton, where the premises have been conveyed with
warranty that the Court will interfere and that in
order to prevent circuits Of action Decree for the
plaintiff, with costa.
othe's-A party who advances money on bills Of OK
change drawn against goods consigned to foreign port
and takes an endorsement Of the bills Of ading asa
collateral security only resort in the proceeds
OF the goods ehal not equal tho advance to the
al responsibility OF the party to whom he makes the
advance he cannot call upon persons from whom the
shipper may have received the goods, and between
whom ana tho plaintiff there privity of
tract to make good the deficiency. Bill dismissed with
costs
Elisha Peck and Others Us RoBert Elder s~d otaers-A
bill was fled and injunction granted, to restrain the
defendants from erecting q meeting house the LIST
avenue in the city Of New York. The injunction
Afterwards modified so as to allow the defendants to
erect their building and to commence business Sub
sequently, complaint was made aud the defen dants
were indicted convicted, and fined for maintaining
nuisance. Held. that the bill not prsmsturey
fled that The indictment and conviction OF the de-
PENDANTS justified the compliments In their proceed
ngs and that now perpetual injunction should ISSUE
with costs to the complAinants
Wiiiiass Chaincsy and sthers, Edpard p. Lesee
and Aaron NJ Me,chant.-Held that this bill not
filed until several months after the defendant Msr-
chant had made the advance to Edward Losee though
before he had been repsid-and inasmuch IL docs
not appear that Merchant had any knowledge Of any
fraudulent assignment, and the money having been
paid to him under order Of the Court Of Chsncery
two before this bill filed he has the better
equity, and cannot now be called upon to pay over
the money The bill as to Merchant must be dismissed
with costs