New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-06-23
Supreme Court SATURDAY. Jane a.
SPECIAL TTRw-DEClSrONs

mas Ncfnt0st, Fl 0l.-MOtlOn Is made by Thomas and
John Mcintosh TO be discharged from arrest on ac-
count Of the insuiciency Of the affidavit on which
the order made, the affidavit claiming the de-
PENDANT had fraudulently contracted the debt on
which the action Is founded, alleges only on lnfOr-
nation and belief that the goods for which the action
Is brought were sold BY plaintiff 10 defendant, and
what the terms Of the sale were
The alledged fraud IS that before the sale Of the
goods defendants filed a certificate dated Isl Feb.
1851. signed by them IN which u was SAID that they
had entered INTO limited partnership under the
name of Mcintosh Henderson, Duo which Thomas
Mcintosh, George Henderson and James Mcintosh
were the general partners. and John Mcintosh has
contributed 10000 N cash "a special partner, and
then the affidavit the Court said alleges only on IN
formation and belief that on 21th March 1851, the
firm Of Mcintosh & Henderson confessed judgment
10 Leonard {. ID. which was filed 18th May 1871, and
that an execution on II j. IN the hands of The sheriff
also that the defendants delivered goods while insOl
vent, TO the amount of $4,000 10 one firm. and have
since assigned all their property
The Court considered the affidavit insufficient II
says the credit was made on sale OF SIX months on
the note Of Mcintosh Henderson. iniOrscd by
John Mcintosh. and that such note has been de-
manded and refused.
The goods It would appear. were sold 10 the firm.
and 1t Is not shown that plaintiffs ever knew OF he
special partnership or sold the goods on the iath OF
H. John Mcintosh refused ms Endorsement II Is
not shown whether the demand was made the day
after the partnership was formed, or I'll after the
firm had assigned i Is also said by the plaintiffs
that the goods were sold by their agent. II so, ms
affidavit should have been presented, or good excuse
j
represented that john Mcintosh would De the
indorScr.
The Court referred 20 other points.
Ordered. that both Of the defendant, must De dis
charged from arrest. they stpulatlng not To- com
mencc an action for the aUest-no costs 10 either
party.
JOSEPH Herman and Peter Murtha, erecu-
tors If john Kjepan, deceaSed, vs. HecR e. OipSfead
and ofhers-Mr X. made written agreement with
Mrs. Olmstead for the Purchase of lot OF land IN
Thneenth-st. TO be paid $3.50 m cash and Sl,OOO on
mortgage, IN 10 years, the deed to be delivered IN
/ three months when house was to De erected ana
put under cover Mr. X. died. but made arrange
menS IN his viii as to the erection OF the house, &c
The Court gave Judgment, directing that Mr'. Olul-
stead execute and convey deed OF the property 10
10 the executors 10 be- applied by them 10 me trusts
of the Will. and that they execute bond and mort
gage, &c.
Superior Court. SATURDAY june 81
The decision ON the C0ddlngton and
Webb case was not made to-day. II VIII be gwen,
We understand, next Saturday
GENERAL rERM-DFcrsInNS
Charles II. Carpenter agt. Henry Shef-
don and oth0s.Mr. C. obtained q verdict Tor alleged
thought the evidence did not show the whoe OF the
defendants against whom yerdiet brought to nave
been partcs-and that the action should nave oeeh
for false Imprisonment instead of malicious prescott
uon-New trial gtanied. costs 10 abide event.
Hathauqy act BenneH-Judgement al
fImod.
Decker and others agt Townsend and
otLfrs-Ncw tual denied
coates and others agt. Giiman.-Nlotl0n
for injunction as to trade marks on spool cotton, de-
med and order al Special Term affirmed.
IVhife ACT MabbaH.-New trial denied.
Also some other decisions
Supreme Comrt.-.. FRIDAY June %.
SPECIAL TFRv-Belore Judge Edmonis.
Fredcrick OakeS, Jr. against Charles nut
Son-Motlon for injunction to prohibit Mr. }. from
keeping Jud>on's Hotel, plaintiff claiming 90 have
purchased the good Will. The notion is opposed
re lee continued, probably on Monday