The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-03-10
GENERAL TERM.
CO., Edwards, Mitchell, and King,


CO., Edwards, Mitchell, and King
u.r.h ,s sustioes. c,,.., %
DsDsuree here goods had been left q security for
dSbt and the debtor had demanded the goods with
up fS 'Ssn that S
had goods belonging to the debtor and did not set
up his lien; held that the lien was waived Motion to
set aside report Of referees denied, with costs.
Taomas Su6e,n, ads. W. b Laurence, .7dmr.-on an
application 10 the Surrogate for order to sell lands
OF deceased persons TO pay debts and on an appeal 20
deceased, as well as his personal representatives are
proper an Unnecessary parties The motion 60 oismss
days, institute the proper proceedings to make the
heirs parties
Ch;ids, adm &C. u.s. Barnun, Morris, 8c.-A sealed
instrument, under the statute offrsuds mports con.
sderation and where in agreement to pay tho debt
to , ss ~ abst su :soaS have
been paid is enough that there liability to pay
H. which can be enforced By the statute Of frauds.
As Carr adm rs. C. a. DAcis.-An undertaking
promising to pay certain persons tnaming them, rs
"rustess OF unincorporated association or their
in oficen is not promssory note being
uncertain to whom it Is payable. Judgment Of supe-
Charles Marsh and Others, ads Dennis Nc Cartly--
Judgment for plaintiff on the bill Of exceptions.
s Sr sa. Dsa ~ $50. aops ss &C
sheriff viz false return and not tor mere neglect OF
duty the venue is local. being confined to the county
In which the sheriff resides Judgment for defendant
on the case made.
John barley, IS. Patrick MuihM-on sene Jacias
that the plea was good when it denied the seizen
in the words used in the scs clds and that the OBJ
lection that the plea merely denies riSen Of the whole
lot and not ofany part Of s to mere matter OF FORM
and will be disregarded. Judgment for defendant on
the demurrer, with leave to amend on payment OF
costs.
Cornelius Pan Winkle u.s. Constantine, Erecutfr &c.
Two points having been decided in this case, viz
tina. the deed in question was good xihousa separate
well az her husbands they will not again be consi-
dered BY this Court Where the deed OF wits is good
~. hnn cEpp oil dor ant hAra IN
OF It may be proved BY proving the handwriting
the illnesses who dead, without proving also that
she executed it Voluntarily and without comrulson
from her husband. Judgment OF Superior Court af-
f1med.
guardian without obtaining permission OF the Court
expends his own money in improving his wards pro-
on his coming Of age his recovery such case being
limited to such expenditures as were necessary to
his ward according TO his circumstances and situation
in life Decree Of special term affirmed with costs
John Jenstt and Other, rs. Charles BeIden and Others
The questions involved being purely OF fact, and
not of law they will not be considered ON writ iof
error. Judgment Of Superior Court affirmed
Cornelius Nc Dermotf IS. Cortland Palaer.-where
the of lots in this city agrees with mechanic
for the erection Of houses on those lots the cond
eum on house. and when finished will convey the
houses and lots to the builder, taking back mortgage
for the price Of the lots and the amount so advanced
that s contract for the erection Of buildings within
the lien law. Judgment OF Common Pleas reversed,
and seirs de awarded to abide the event.
dispute about facts and from those facts appears
that the plaintiff is not entitled to recover matter
Of law 1t IL tor the Judge who tries the TO
refuse nonsuit and to submit the question to the
jury. Judgment Of the Common Pleas reversed.
George Meyer and Others ads. DOrs r. CGry.-Where
there are several accounts osswssn parties and pay
either party to any particular claim they 60 In pay
OF debts in the order of time New trial granted
costs to abide the event.
Nm Simpson ads. II. c r. J. ". BeGis.-Whers an
agent directed contract tor his principal Tor the
sale and delivery of goods, the agent may make the
contract In his name such 10 the custom Of the
trade, and thereby the principals object be at
tanned and the agents making the contract in his
name does not discharge the prn cipss liability
to him. In such case, the principal is bound to make
geoa 20 his agent in an action for money paid, the
amount Of expense he may have incurred in executing
the order Motion to set aside report OF referee denied
with costs.
Meelanics' Fire ms. Co. ads John Leeas-A time
policy Q vessel does not extend 70 bringing her
into port though she be on voyage when the time
expires, and the policy contains the usual printed
the said vesel be safely arrived at - as aforesaid,
and until che be moored twenty and four hours in
good safety such printed clause being controlled BY
The written clauses which most truly show the ipten-
tsntion. Judgment for defendants on the case made
NJ Mehon and WIFE Samuel c. Harrison "A pro-
iss,i0p.i gambler sho pur.us' s.mSns for hveli.
eessala ct person to be sppofnted an adu Illustrator
Decree OF Surrogate reversed,
3anjosd and Smsajaugh IS. Jonathan Rogers Where
at the time that party executes an sssign
Of oond he executes separate paper guaranteeing
the payment Of the bon but without expressing any
confederation for the guarantee the assignment and
guarantee TO be regarded one rument, and
the consideration Of the one answers for and Affects
both Nonsuit set aside and new trial grsnted-costs
to abide the event.
ambrose C. Kings.Gad IS. Nm. s. Weisi.s, &e.-0s-
der CT special term refusing TO appoint guardian
81 Aisil Tor an infant defendant person named by
the plaintiff, affirmed
stephen Brush aud Others eds. Charles r. IeGrGh-
Order sf tpecia term, striking cut portions OF plead
ipgs affirmed, With s4S cos;s Decides disbursement
Dst.d L. Moore IS ", C. Hall, 9e.-An order at spe-
esl term, granting rehearng on the report Of rete-
rec. 10 not an appealaelc order. Appeal dismissed
with costs.
Joseph c. .q,sey s People Matter Ia ths court
below not appearing on the record OF judgment,
not he brought Into this court error by motion but
only cufi0ra,i alleging dimin ltion. Motion 20
amend reeord denied.