New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-02

bic with q very SUPERIOR 80 &C W NtihaNNN
A large number of shares were subscribed and
paid tor. with a H0RctalaHcc that indicated thal
the Union is sale investments.
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LAW COURTS.
CorRr CALrvpAR-This Day-Supsrjoy Couyt.
Two Courts before Judges Sanford and Paine.
Nos l. :, s. g :, 9, TO- II, ID, H. l6, 472, II, lsi
ClRcrrr CouRr.-Publshcd on Friday.
SUPREME CoURr Special Tt,,at- Before
Judge EdmoRds-D eciSi0AS.-.l Merchants Bank
W. Mechanics and TRADERS Bank, and others
When Bank Stock is pledged as security Tor
loan and no powerot attorney or assignment OF 1t
is executed, but the owner OF the stock merely
endorses his name in blank, on the certificate, the
lendermav Gll up such blank with an assignment
drawnin conformity with the agreement ofthe par
ties If it is mower OF attorney which is thus
written il is necessarily revoked by the death OF
the owner ofthe stock before transfer but If it DO
nm assignment which is thus written it Will NOT be
affected by such death Judgment for plaintiff.
II. c. IVetmore Ea,0r Of HoclaRd, vs.. John
Honland ct. aI-The devise of the house and lot
to the Testator's wife in fee, having lapsed in con-
sequence OF her death in his life time, the land
descends to his heirs, and IS taken by them tree
from the Executors power to sell. bequest oil
500 600 to the wife for Iie with remainder over on
her death did not lapse by her death during
the life OF the Testator but vests Immediate
w on the deathot the Testator in the remainder
men. Decree accordingly, with costs to all the
parties out OF the fund.
Charles H. Carol ads Daniei j. Ca,rol,-The
defense OF the statute OF limitations may be set
up in an equity suit, by demurrer, but when there
are several causes of action, some of which arc
barred by the statute, aud some of which are not,
and the demurrer is to the whole bill, 1t must be
overruled as too broad A bill is not mutlia.
rous where its main object is to call an executor
to an account and, incidental to 1t, asks to set
aside certain deeds ofhis as such, in which other
parties have an interest Demurrer oyerruled,
with costs.
Lee g. Brewster VS. Brush, Harvey and Others.
"A motion to dismiss bill, or complaint for want
of prosecution, will not be granted where de-
PENDANT will be in a situation himself to notice
the cause of hearing, and such motion is proper
only when there are other defendants against
whom the cause is not in readiness tor hearing i'll
consequence of plaintiffs neglect to expedite the
cause. Motion to dismiss the suit denied on pay
ment of the costs of this and two former motions.
J. Mcpherson Ber77an andothers ads. Isaac ~.
Uught-Leave to amend complaint Will not
be granted where a complaint originally defective
would not show q valid cause OF action even when
amended Motion for leave to amend Denied
with costs, and the injunction dissolved
SUPERIOR CouRr-General Ie,m.-Before
Judges Oakley. Sanford and Paine. Decisions
Thomas Patrick and rife vs. John htfley'-1
Judgment for plaintiff for one undivided eighth
part of the premises.
Gurdon J. Leeds vs. Nm. j. Du1n.-Report OF
referees denied, and rule of reference discharged.
Edwin Stone, ct. al. vs.. John Cdrlea, ct. al
Appeal dismissed and order at Chambers affirmed.
FIRST DISTRICT CouRT.-Betore Judge Green
Important decision under the Croton Water
Tax Law Ferries vs.. Au5ery.-In l8i8 the plain
tiff, landlord of premises, 81 Nassau st. leased the
first story of the building to the defendant Mr.
Aubery, for term of years Since the Leasing
of the premises the Legislature passed la" tax
ing each house in the city for the use OF the Gro.
ton w ater The landlord paid the water tax, and
now sues his tenant, the defendant for portion
of the tax pro rata for the part he occupies.
The Judge decided that the plaintiff, the land
lord cannot recover, inasmuch as the lease CON
tanned no covenant requiring tie defendant 10 pay
tareS, and therefore gave judgement tor the de
fendant.
MARINE CouRT,-BefOre Judge Cowles.-JaS.
Jerks vs. The american Timber Preserving Com
pany-Plaintif claims 500 for services as En-
gineer at the Companys works at Williamsburgh
1t is denied that plaintiff was employed by the
Company. Testimony was taken Decision re-
served
COURT OF tOHMDN LiEAo 81 II ~ II u III bC D.
Before Judge Daly.-Ha6eaS C0rpuS.-Vtittdm
Scot and Isaac Wright, stage drivers, committed
by the Mayor on charge as misdelneanor, OF
violating the ordinance in relation to Stages,
driving stages not licensed,l were brought up or
habeas corpus, claiming that they had been =" de.
pryed of their liberty by Arthur Nc anus upon
a pretended commitment issued by the Mayor, on
a pretended conviction without the sanction or
authority Of law
The return for one, which answers to both,
states that the party was arrested on warrant
issued by the Mayor, and taken before said May
or on the 29th November and that, on hearing the
testimony, the said Mayor revoked his license as
stage.driyer, and ordered him to pay fine Of $40,
and in default thereof to stand committed for 10
days that default was made in the payment Of
said fine and that while said party was in his
custody, and the commitment waiting the sigma
ture of said Mayor twho had been temporarily
called away to attend on Hon. Messrs. Casa and
Cobb when the writ OF habeGS corpus was sery-
ed and that he now holds said party in Gus
tody for the purpose OF conveying him to the City
Prison" &c.
THE parties were drivers on Messrs. Reynolds
& Wearts line, already referred to.
The principal points on behalf of the discharge
from custody are that no penalty attaches where
the parties do not drive for hre-that the COM
mitment is irregular, nasmuch as 1t says " shall be
discharged on payment OF penalty and costs" but
does not define the costs that the commitment is
in the name of the Mayor, Commonalty, &c, as
compliments, and that the Mayor cannot act as
Committing Judge Or Magistrate in his own case
that the commitment is under a law OF the state
whereas if the defendants are liable at all, 1t IS
under the ordinance of the Corporation, Which
imposes fine OF $50, but does not make the case
mlsdemeanor. Argument wbs heard, MIR. Whlt,
ing for defendants, and Messrs. Tomlins0n ana
McKeon in behalf Of the City, opposed Adjourn
ed to Tuesday
LECTURES BY DR.. GR1swoLD.-Rev. Dr. h. W.
Grswod Of this city, has been delivering 0S0[s
sns Of oPT eetnres which the papers say