The New York herald., 1851-11-04

GENERAL TERM.
Decisions by Chief Justice Edmonds and Hon Juise
Ill md E,nu


GENERAL TERM.
Decisions by Chief Justice Edmonds and Hon. Judges
Mitchell and King
Nov. l-Weas ads. Gale & WTssr.-whsre the relation
Of guardian and ward has existed AMI has Just terWi
mated by the majority of the ward although the accounts
of the guardian not yet settled endorsement by
the ward Of the guardian note given for precedent
debt and procured by the influence Of the guardian
be enforced in the hands of the creditor of the
guardian whes he had cause to know enough put him
on inquiry. New trial granted Costs to abide the
event.
gious corporation actually n Off, under claim Of pro-
per election although that election be afterwards set
actually in office, and in respect to thrd parties or
strangers in wise connected with or cogrizant Of
dismissed with leave to the plaintiff to amend his bill
without prejudice TO his bringing new suit
NirOn Beach Where the term Of lease has ex.
pired by forfeiture, and not by lapse Of time sum mary
proceedings cannot be taken TO remove the tenant the
remedy obtain possession in such being only by
action forfeiture of the term created by breach Of
the coYtrgt is waived by lapse Of time and subsequent
reco.p. ~ mt by the landlord judgment below re-
DiIr.,.. -r Ssey-y.-Thoush as between the shipper
of gosc and the OF the vessel bill OF ia1ing
be explained to quantity and condition OF the goods
the vessel and consignee assignee OF the bill Of
lsding who has in coed faith advanced money the
strength of it. and thus been led by the masters signing
the bill to an act changing the situation Of the parties
In such the bill Of adng az to quantity Is conclusive
on the owner Judgment OF the Common Pleas reversed
Costs 70 abide the event.
EsgLston rs Orange and .azalda Railroad Co--A suit
against foreign corporation cannot be commenced and
prosecuted Judgment in courts unless the OF
action in this State the corporation has pro-
pery in this State which can be reached by atachmsnt
Orc OF the special term reversed withou. costs
pumIyed ads Bogat - In action against one Of two
joint and several obgors where 10 plea Of the statute
Of limitations replied that the defendant had been
abroad and the suit had been brought within six years
excluding the time Of his absence IL is defence to
and prove that the other obgor had been during
the whole time within the state The liability Of the
Of limitations may apply TO one and not TO the
others. Judgment Of the special term affirmed with
costs.
Bsens ads B.ldns-The stipulation In the articles Of
copartner.hp in relation 10 the joint ownership Of
tain assets declaring that their avas should belong to
each party equally applies to the whole Of those aset
and not merely TO any excess they might produce be-
yond their nominal value such assets being by virtue
Of that stipulation, joint and equal contribution by
both parties to the capital stock Report CT the referee
set sside. Costs to abide the event.
Suy1om S0gs ads. MzTik-ln an action TO recover
possession Of personal property the provisional remedy
Of an arrest applicable only 70 the party having pos
luisly and In good faith parted with the possession be-
fore suit brought and the only exception ss 20 the pos
session where the defendant has parted With 1t with
the intent to deprive the panth OF the benefit OF It. OF
prevent its being re-tsken In such only the
defendant be held to bail Order Of the special term
afin ed, with costs.
Thompson IS DiLersoa-In an action on boni given
on the discharge Of foreisn attachment tie debtor ia
not competent witness for the defendant inasmuch
s not necessary for the creditor 10 establish claim e1-
ceeding SlC0 He the bond any n tina.
he can prove 70 be Justly owing 10 him foreign
debtor. Judgme Mt Of the Common Pleas sfh rmed
McCoHsr Hooke.-In q suit commenced after the
first code Of practice went into effect the deposition Of
witness residing in the State but more than one bun
dred miles nom the place Of trial taken pursuant TO
the provisions Of that oode but before the trial those
provisions repealed by the code OF lS4Q without
any saving clause Held that the d. position could not
b. Rad there being law in existence wsrranting IT,
and the repeal Of those provisions operating the sans as
those provisions had existed Motion for
trial denied, with costs
NJ CuilousA DDS Rankin Where the defendant gave
bis note at three months secured by o hypothe.
cation Of stock, which the lender agreed 10 hold for
three months though the defendant had his days OF
grace on the rote he bad none on the agreement as
to the stock but II might be sold before the note
became due Ruch sale must. however, be st public
auction and not at the beard Of brokers' and being
sold st the board without the express consen: to that
effect, the defendant is entitled to b. allowed the
ghest value Of the stock after the time Of sale proved
the trial Th bsag proved to be one per higher
than allowed there must be trial, unless the
plaintiff consents to maks that deduction FROM his
covery.
Order of the special term affirmed with costs ar pur
chaser ordered 20 complete his purchase the sdmi
nisrsors writing with the heirs in the conveyance
Wssi ts N,UfSn.-Judgment Of the Common Pleas re-
versed.
that the Judgment which for costs belonged to him
the defendant cannot avail himself Of release obtained
from the plaintiff order Of the special term affirmed.
With costs.
Lurri,s rs Cl,,sJyc-ek-Proceedings supplem sutary
to an execution cannot Be taken after lapse Of FIVE
from the return a the execution unsaded Order
Iaf6 rs Bodsood The provision Of the code autho-
rsng .ut to b. revived against the executor Of de-
ceased party applies well 10 the defendant in
bill a. q the original suit order OF the special term 90
modified.
SPECIAL TERM.
Before Chief Justice Edmoads
Mo-, l-Dtciaoss.-Brack,n 70. Shsrnan Motion 10
strike out part Of complaint and 70 make plesdins' de-
fnits and Ineligible Granted with cOste.
Chpi,I d james rs Horae, Goodrch-hotiOn to change
Torky rs SsSoa = Motion 10 consolidats for stay Of
q D
costs.
Wood Grorfrs .ayd Sale OF property pledged deersed
Tovn,end 20 WfnnGi Motion set aside judgment
Fonpy BL,. rs William Bg,s-The plaintiff In this
suit obtained decree declaring void her marriage With
me defer dsIt BY reason Of his having another we
aside s decree that she may obtain By making
out that defendants erst marriage vas dissolved and
pose this motion h made By her II cannot be granted
for two ressens-hr,t she not party 10 this suit and
cannot therefore move in IT, and second, notice Of
this motion has been given to the plaintiff Motion
denied
soson rs Duffy Motion in regard to surplu. denied
BY Hon judge King
Sysan Higgins Dani,i r. SrG -Mctisn for In
on denied without costs with liberty IT,
after amending the bill II circumstances should render IL
Necessary -.
s,,vu, Isrris 90 james Gordon Bennett Motion Cby
assignee 20 be made plaintiff and that suit be continued
in bis psme granted only on condition that II De stPu
lated that the present. plaintiff shall not be exsmineds
. witness costs 10 abide event
\. n, Naner Of John Marks Lsnsiie opposition
made BY the committee has been 20 strenuous that
have looked into this case with great deal Of care
have consulted one Of the commissioner and read the
nstes Of evidence From all that and IRON the nnding
of the jury, am satisfied that MARKS o. sound nina
ana "a 70 se trusted With the manasement Of his own
affairs The commission must therefore, Be Dissolved
and Marks restored TO the control and management OF
his sfsirs.
CIRCUIT.
Before Hon Judge Edwards
Nov. / - anWei r. Troy wv. X. Redman This
vss an stt n 70 recover from stoskhoder f the
croton ~ ss Faucet Co the Of t242s the amount
q judgment. The suit brought under the act Of
1913 which renders stockhodsrs liable for the debts Of
the company 10 the amount of their shares The capital
of the Faucet Company stated 10 be 800 600 and
the dsepdsnt bad subscribed for hty shares verdict
ssssn Of L.AnlL. Z. 3. - n by -oQsea. OF
t0tb fSiss, sVsisc, 70 shs opinisa " tas sswt