The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-09-07
Common Pieas-Special Term
BY Hon. Judge Daly,


SEPTEMBER 3.-DrcsIoNs-.Joseph .asafe rs. IEn,y r.
Wheeler and Jas. e. johnson An acceptance of less sum
Il rot in law satisfaction of greater the cred
tor agree e receive it in satisfaction unless there Is
consideration for the REIMBURSEMENT OF tn. residue
The defendant johnson who sued upon joint bond
moved to amend his answer by setting that the obgee
ageed to receive $780, less than the amount due
on the bond that johnson paid it. aud the obgee ac-
copied IL Id iu satisfaction and discharge Of Johnson
lishity The Court held that the proposed amendment
OF the answer would be no defence and the motion to
an,en nd was denied.
GsWse Dobson rs Geoyge Burbstk-Where the plaintiff
Is allowed TO amend his complaint, the defendant is
liberty to abide by his answer anew and il in
consequence OF the amendment Of the complaint the de-
tniant IL Obliged TO relinqush his defence put 10
new one. the plaintiff viii be required pay all the
costs that have accrued from the time of the service
the original complaint In this the plaintiffs asked
10 amend by striking out the some Of the parties
psinih) and though tue defendant had taken issue in
he answer upon the nonder yet he hsd also set up
in his the substantial defence the action upon
which he r,.ied and which would be full defence to the
lded compa ut. The Judge did not require the
plaintiff TO pay s the costs but ordered the
OF the nj oinder in he to be stricken out
granted the amtnjmn Mt upon the plaintiff paying twelve
dollars costs tort the hearing before the rferee the
ferces fee the fees Of wpesAes attending the ref renee
and aso ordered the cause back upon the amended plead
iIes 10 same rterrec for reheafrg
Jas. IUers Da'id BGadA plaintiff will not be luired
TO e security Tor costs after judgment has been
der in his favor. though the defendant has appescd
from the judgment.
form Ferris The body the defendant Il CHARGED
in execution he cannot be compelled submit TO an
examination respecting his property upon proceedings
supplementary to executions The taking OF the body Of
the def ndhnt in execution Is at law satisfaction of
The debt cooper rs Rgeow. Com. 56) and it will be
de- med satisfaction In equity unless party is In exc
cution upon decree issued enforce an equitable de
mand (liorn Is Horn, Amb 10Y but when the body OF
the defendant Is charged in execution upon judgment
at law court OF equity will not give it's aid TO compel
discovery OF effects wherewith satisy tho judgment
(Shvell rs Van Epps Paige, 81 o. jackson rS Ben
cdet IL Johns 535) The same rule Ia 10 be applied in
proceedings supplementary TO cution They were
signed as more simple substitute tor a creditors bill
ald he taking OF the body Is in respect TO the right To
institute such proceedings equally satisfaction Of the
cent Inc eSamins' ion Of the debtor Is allowed In all
cases wnee an execution against property il returned
ussshed In the class Of where the body Of the
GER may be taken IL remains charged in execution
et nc tt on the creditor until either The debtor his
creditor petition for discharge upon which petition the
oeDtor rs required to furnish inventory OF all his
theets and submit to full examination respecting his
properly as upon proceedings supplementary 10 execu
uon Y rev. stat 81; secs. To- IL. Sd edon) If the
Pahtu therefore wishes to reach the property OF the
uSeboaht ms proper IL to petition for bis dis
ohsise ana compel assignment for the benefit OF his
SietoIs Application denied with ten dollars costs
ue aeuucteo from the amount Of the judgment.
vmddWs dgt Norh,-Action for rent, Of two quarters
as szoV claiming balance of $780, Defendant answer
u nc dia not owe $3.50 balance the two quarters
inasmuch as he had paid $50 Held bound for Il was In
enect an admission that he owed $40 more. The an
swer nen set up condition that the rent to be paid
upon .ne pantis putting the premises in repair and
counter claim for damages by reason of the plaintiffs
giect Heid either would be good Defence IL properly
pleaded Answer stricken out but with liberty 10 de-
PENDANT on filing aldsv of merits and paying costs OF
motion, to amend
GseOc'fs rs. Srsroni -s,rad.r Demurrer dismisssd