New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-07-17
LAW COURTS.
Spring'st

Before Judges Duer and Mason-Cole and
Chyisty VS.. Daniel /. .s0nes.-Mr }. was, or Il,
owner OF fine property at Wiliamsburgh, consist.
ing of block on McKibben and other streets, said
by Mr. Goodman, the counsel 70 be worth $4,000
10 $4,000. Messrs G. and c. claim 10 have p1r-
chased the property from MIR. Gilman, who holds
regular deed from Jones and vile, given In lie
time Of Mrs. j MIR. J. complains that the deed
was made out and prematurely given up % Mr.. q.
(which was denied) and that the transaction was
Invalid This Court decided, some time since,
that Mr.. Gilman was entitled 10 the property,
and that the matter as TO guarantee oil dlstaace
from the ferry, &c gwen by Mr.. D. and other
matters be referred Mr.. j. appealed, but
omitted in season 10 Justify as 70 bis sureties The
present is an application by his counsel, Mr. Bene-
Dict 10 be permitted 10 justify the notice oil the ne
cessty Of not having reached Mr. }. in season IL
was opposed by Mr.. Goodman on the part OF u a.
C. who stated that the Court had decided the pur-
chase TO be good and the motion is not entitled to
favor we believe. The purchase was by Mr.. Gu
maD including mortgages upon the property, 70
be for o. 600 and the sale was TO raise for mort
gage. The mortgages, with some liens, having
been satisfed by MIR. u. bat the balance, which is
not large, remains manipulated, on account OF
claims for difference Of distance said to be from the
Ferry which W as 10 have been submitted to arbi
tratiOn. The case 10 emphatic as to the dlsadvant
aee even allowing the best OF faith to have been ex
ercised, OF placing deed ia position where itcan
be made final, and yet leave difficulties 10 be set
tied az TO the consideration The Court granted the
MOTOR permitting the sureties " Justify on the
appeal y ,,.,..:,1
Edsc0rd Lynch ads. EdUayd and Robert Rtch -
Mr.. Husson, attorney at law, was sued by Messrs.
Ras parter of Mr.. Lynch IN a distillery at Brook
yp for copper stills aud other copper work fur
bished the dstilery The jury in the Court be-
low, considered he was partner (which was de-
MED and gave a verdict for plaintiffs. The present
il an appe alto the Supreme Court transferred to this
In the trial below Mr.. Lynch was admitted as
witness and was the principal II not the only one
TO show partnership. IL was contended that he
was interested, the effect Of his testimony being 70
throw the responsibility upon Mr. HuIson and take
il from himself, 40 far related to Messrs. Rich,
and that he was not competent as a withess.
The Court held that he was not competent Late
decisions by Judges in England a law similar to
our own OF ls47, to admission of Interested wit
nesses, and decision Of our own Supreme Court,
MarQuand Us. Webb, aud a case in HUI, In &C
cordance, show that his interest Was oil kind to
exclude him as a witness. Held that the act OF
Dec Ia, 1647 giving to party TO a suit the right
Of examining the adverse party, does not render
such adverse party competent witness IA favor
ofthe party calling him IN cases where if not a
party, he would be incompetent on the ground Of
interest. New trial granted.
Vaugher ads. RObertsOH.-An agreement to pur.
chase goods to be manufactured and delivered az
certain time need not be In writing not being
within the statute OF fraud.
Grace r. Ferguson VS.. James Ferguson Mo
Mr. II. from interfering with personal property be-
longing to bis wife previous to her marriage Tbs
Injunction was asked for on Mrs entering a suit
for divorce on the ground OF inhdelity Sobse-
quenty order Tor q receiver was made as 10 the
property alluded to, and another motion aiterward
made that Mrs. 4. be compelled 10 hand over to
the receiver money and other property in her
hands, 80 that 1t might be ready for Mr.. r. In the
event OF bis being successful In the suit but that
motion denied This was believe the trial for
divorce. In two trials OF the case the Jury each
time found in favor of the plaintiff, but they were
both set aside and new trials ordered. Motion was
then made that the injunction restraining Mr.. +.
from interfering with his wdes property DO dis
solved.
Judge Mason in behalf of the Court, in giving the
decision, denied the motion All the time OF the
injunction the rule was, that if the husband could
get possession OF the property OF the wife by mere
operation Of law, he could do without being
obliged to provide for her maintenance but III was
acsse which required action from Court of Equity
he would have to provide for her. The Courts of
law are now also Courts guilty, and there is great
doubt II the Courts can permit 1t. The present mo
tion IL based upon the idea that Mr. II. has denied
In his answer what has been charged az ainst him,
and from the fact OF the two decisions setting aside
the ver1icts.
We decline the motion because the suit ia not
determined, a default was taken recently, In ia.
vor OF Mr. + in absence Of MIR. E's counsel but
we understand a motion is to be made or mas been
made, To set it aside The defendant, continued
Judge NJ has not been pronounced innocent. Tnis
Court has only decided that the testimony was not
Sufficient for the verdicts In both the trials, he
was allowed to establish his defense, but did not,
andreied upon the ms cency OF the proof az ainst
bim and may yet be tounS guilty. he has nothing
himself; II IN her property, her money, notes and
bonds that is asked for, and 1t may turn out he
not innocent In the meantime, If the INJUNCTION
IL dissolved, he will get all the wIfes property,
and she be left penny less. The Court does not
ieel inclined 10 aid him IN getting possession Of the
property till the final dis position Of the suit Mo
ton denied, aud junction continued, with costs.
SUPREME CouRr-Special Term-Before Judge
Edmonds ID eeisions AIN Seely sgainst Geo
Seelet--Divorce granted
E'ine Magma against Daniel Magian-Dvorce
granted.
Catherine Reed against Jaues Reed-sepAratiOn
granted.
In the matter Of dan Hsssey, &c. prayer Of pc.
titoner granted with costs.
In the matter of the Chinese children, Aaov and
Mang ching, report Of referees nominating John X
Peters Jr their general guardian confirmed.
Theodore Marine vs.. Aan LSagltRa aRdothers--
Harris Wilson appointed guardian Of infant de-,
PENDANTS.
In the matter Of Mrs. Ar4andG adams, petition
for appointment Of Commissioners granted.
In the matter OF the application for sale Of real
estate Of Mary Jane CeutaHt, referees report con-
frmed.
Henry Z. CLARK ct al w. Bartholomew McGlone
Report confirmed.
Court or CoNxOs PLEAs.-Beiore Jadge Wood
d. Sheridan VS.. LerIRgtoR las CO.
To recover for loss by third parties the policy
bought by plaintiffs at insolvency salel at Fall
River Already referred TO. Verdict for plaintiffs,
1855 being about half the amount of claim There
are also claims against other Companies
CoURT OF GksEREL SESSIONS, July l6-James
V9gtnt was, at the opening OF Court, placed on
rial CHARGED v lib grand larceny in staalins gold