The New York herald., 1850-01-28
Superior Court.

BefoRa Justices Oakley, Sanford and Paine.
JAsuAkez6, lS50-Robert Emmst and Others Us pictor
DE Launsy and Chas Sagory to set aside stipu
latisn Stipulation set aside Cause be put at issue
and tried anew on plaintiffs paying costs OF argument
pestes, sc.
Robert Hogan, appellant, adsm. Patrick MeNauy aud
Patrtek Bwres, kespondents.-M Motion for new trial
granted. Casts to abide the event.
William H. Harmed and Mary Harn,a Plaintiffs in
Error, Is Peer X: Christie Dtendan in Eyror.-Judg
Hsnt reversed as to Mary Harmed, and affirmed to
Wm ii. Harmed, without costs to either party.
Fernando Egood .apPeiiant, adsm. Frederick Wissman
Respondent Motion for trial the ground Of
prise granted on payment Of costs Of the trial and
Judgment Of the appeal, and Of opposing the motion
ten days thereafter and thereupon Judgment vacated
New trial oD the case denied.
jones Word rs Jondthan S. Whitney and Thomas
T, Stwges.- Motion for new trial denied.
Joseph Schuhs, appellant, Samuel r. Haisey, Re-
spondent Motion Tor new trial denied.
John Cofiies rs. John y. INSTRUMENTATION de-
MED, without costs TO either party.
DECISIONS.
Before Justices Duer, Mason and Campbell.
o&s Decree for s2s6 S. the value Of the party wall
with interest from the 1st Of May 1s45 and costs.
bestei Jones, u.s. Wtmhrop " Galnan and Others.
Order Of reference to Joseph Boughton Esq, to
certain, whether the premises more than one
eighth mile from the ferry and /. So what deduction
ment between the plaintiff and Gilman. and to take
account Of the rents an profits received. which
have been received since the delivery of the deed
premises to Cole Christie forthwith All other d.
rections reserved till the coming in of the report
George Boteman, as. .4mbrose L. Jordan.-Bul dis.
missed with costs.
Jonss H0ford Louis T.. Lohens and Others Order
OF reference to David Codwise, Esq to ascertain
whether all the creditors who signed the agreement of
September 10 1916 still wiling to release the de-
fendant, ILLUS on the delivery Of the assignment not
withstanding the diminutiou of the fund.- in which
case the cost Of the plaintiff and defendant Lahens
to be paid out Of the fund II not the bill to be dis
missed without cott to defendant Lahens and with
out costs ne to the other defendants Defendant to be
restrained In the meantime from parting with the pro.
perty mentioned In the assignment.
Clark Wheeioek, Daniel LoV and Others. Order
Of reference to s. Csmbreeng Esq to take and state
the accounts between the parties the principles
stated in the decision Of the court
Richard L. Parish, srricors etc. James Mason.-Bil
dismissed
joel N. Hays John S. Heyer and others Held that
a partner can In no case make general assignment
to trustee assignee for the benefit Of creditors,
against the consent or without the of his
partner the latter being present and capable Of acting
In the matter and this though such assignment In
this for the distribution Of the partnership e
fects Iateably among the creditors Assignment set
aside, and receiver ordered, reference to Judge
vandeipoel to appoint receiver, and take from him
the requisite Eecurity.
Thomas 4. Hays u.s. Edpard Bemont and Others s-Held
that where special partner in limited partnership is
also member Of another firm, which firm IL q creditor
Of the limited partnership that the latter having be-
and neither the debt due the firm, the interest Of
the special partner IL postponed 90, r. page 767
declared TO mean simply that the special partner who
becomes creditor of the special partnership IL In the
ssne situation as general partner that is, his ind
ydusl debt must be postponed, but the debt due to
firm Of which he is member IL not postponed his
interest In It.. Bill Dismissed without costs
srEcIAL TERM.
DECIsIoSs.
Before Justice Campbell.