New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-27


Simeon B. Jsret; appellant, Samuel Miller and others
H9'ass bail', President, &e appellant, arar William Ry
JO.spA xs-., f,.roo4-nt, Jane, lys.n .gaeI.a.
D. joseph Mos, respondent. ast Dsne Jus-os Appellant
. BeniaHin wnshi and others, Appellant AT ErA '" Af
II Pre.s.u; Sc Of Nousomey Court, Bank r.0ont
ents .st The Albany CITY Baat and othe app l.nts
p.nsni..
g Thom.. Burh ,pS-H,,i AT WALKER L Ss~buy 'nUd &c.
10 Abraham ws respondent, Ehl L,eH, appellant and
IL HsHaos and another appellants. samuel Iassr'O1
"a Mathew joe. and another appeAn,' a1t waan Adams
is John l. a necraL.n, respondent. az william Morris
H. Ambrose H. 81 eaop appellant, Daniel T. Psyne sbera
IS William Lynoh appellant at weh. rspoad.ai-
Il Jehn PAae SPECIAL Receiver &C. re'pondea AT Henry
IL William p Rensselaer, appellant, AZ; Abr.n whsSeei
Is William p yas Ren.selas appellant, James cOtren,
r.spOo.nt ,n,
20 Gsors. W. AB.r and another r.pondent Theron Pat;
81 Donney survivor &c respondent; as James Ger
~ Peter Br.a..s and another Sc respondent
The Farmers Loan and Trust COMPANY appellants
John La ForEs Appellant AT Peter L. hesr and aaoihef
- Jsmss G. another ..ponieuts Psis A AIuirr'
AseDon T. A.Aburner, respondent G.oue BalchsH,
IS william C. Foster respondent ss- PsttbOHe,
pelsn- -
- \. Cob Appsaut ANN DsN. and others. re-
John respondent, Henry Co; and another a1
Rur,on W Martin. appellant Michael MccOrme, Re.
81 Frans. Pce Survivor, &C. appellant; Andrew MeGOv-
a Al q Others, respOi dents.
81 David Burbsns Oilers appellant Tho. X Van zan,
So Jerome johnson. appellant Abraham vaeuiu., Sc
"A. William P. Van Rensselaer,, appellant ast William Hand re
g. Thomas Adds Emmett, Rect &c appellant ss Aet Reed
g. Allen Harm. and another respondents Harvey Ey EI
ST. T. Darwin L,eh6ei and others respondents. Robert H.
White and another. appellants.
o. and another respondents. sG Daniel Ladd,
80 Lorenzo Burrows, Reef &C. appellant, David Tsl'ri
o. Ira Beu,y appellant ,s Allen. Inpd &C., respondent
CIRCUIT cOURr-B.iore Judge RoO'r,rr
Mes,h Hs'OroOe, at srTeh Eastman AMI Hunter Swain
Against B. & E., TO test the right of ow
pership to $50 kegs lard, obtained Of NJ by H. Nv,
sod assigned by latter 10 Z. and also against s.
amounting 46i alleged to have heen invsdly obtsaea
Of plaintiffs by Me Swain, setting Tor himself and partner,
resn.. an 0 to .odHs Il. % & Ssf. 'a S.ls
to saw, they being allowed 10 days 10 which to
being snt to r. vs. .to ct srootIyn two d.ys az sr
the whole Of the lard had been tsken away "
bad dissolved End made sssEnne OF all their property
TO E. including $50 hegs ut the srdthe remainder Of
Inc 10 Clucrent peTsOns ftantlns
co"tend'd that re had not passed to ii SD and they
Issued wit svisg bond 10 the nature OF the Old re.
pevp, and took th- $50 kegs out Of the haods of E
who gave counter bonds and retained pos.sou aud
the question title. Plaintiff. say that Mr vain made
Incorrect sta the stand the firm and
vss an intention not to psy for the lard when II was Oh
tanes, that the assignment to B. Z. with view
TO unjust pre- erencesor detnse the contrary Wa
conended that the purchase made in good f.i and
credit of ten DAYS ire being allowed take II vay
and that II. V expected from the
but ere oissppoioteS that the assignment to r. r. wa,
n thew bsinR wed lv N A. Y a.
ard the largest creditors The question OF good fs'th In the
puchas the Court said will be matter for the Jury-aui
" to it'll and delivery question of law To bs continued
this forenoon
SUPREME COURT-sSrcr,L Trrv-Before judge Mucurtt.
DECISIONS
Tncy against the Protection Insurance Company.
Plaintiff. without asking for stay of
proceedings asked for and obtained commission to st.
GATHERINGS When the reached the Calendar in
June sst, it called but the commission returned
and the complaint ordered 10 b. dismissed unless the com
mission sh ud be returned on or be ore the fret Monday OF
this month has not yet been returned aud does not
PEAR that paina as sn or made any effort 10 get L.
HI he has paid f58 toward the commission Strictly
the defendants .Ied 10 have the suit dismissed with
costssnd the remssness Of the plaintiff entities them to at
least part Of the relief Plaintiff may have till let Noyem
condition that he discharge the bonds OF defendant
and waive all would have BE- en led to tsaccesS
r shall have been actually re.csed-sDd shall
the commission be not returned by Let November psn
tin notice In wtrg 10 Try without H. the s1tt must DO
dismissed with costa Plaintiff to so costs Of tnis
tiOn
Beci Sinclair ard another against samuel N. yAlea,ins
Injunction modified
Jane. Penn ara Robert X O.sood others
OToe. yaca'ng erdeT OF arrest
Norh RIVER Co Rossnrs Muoraa Others,
judgment Of foreclosure aud sale
SUPERIOR COtRT-sFEcfAL Trss-Beofe Judge C.NFarLL.
DECISION
Henry h. Morafge arsilst Archbel Henry
INTERLOCUTOkY COsTs.-A motion was
granted 10 favor plaintiff with costs n be paid within
certain time Not being PAID, the plaintiff issued
CUT commanding him 10 levy tbs al and persOnal
Ia Of 'eDdant The later offered pay the % costs
but refused pay the Shehs and aside
the execution having teen ire Iuary issued seu and
rot having first been made for payment To this IL
piled the defen ant in Conit the of the order
snd a notice served On his attorney
The Of Nov g S47 the Court is decision said de-
person shalt be impri,oned for non-psyeut of
iueiocuory for contempt Of Court Ia not paying
cots except certain persons endmera>d but the third
OF the declares that ceedings In the nature OF
ei aas sgsirt personal property may BE- issued br ths
collection such fom ded such order Of Court"
The party whom iuterOcutoTy costs awarded
COLLECTS them a, he would collect judgment except that
remedy is AGAINST the real estate The oOceedpg
in the paure a. net il the nature Of attachment
The order execution collect against the real
guar but has be made 20 thaG The
notice wss,ufcieIt Motion detied but without costs
MARINE COT RT-Be ore JEdgs Lyscs