The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-12
without making it through the head Of one Of the
Hiana4a


IN the matter Of Ezra j. Coates, a nos-yssdent
debtor Order appealed FROM with costs. A nom
resident creditor, when debt contracted abroad,
come in and claim dividend with resident cre-
ditors after the debtor has been declared bankrupt
IN his own country and assignees have been appoint
ed there OF his estate, and the nonresident creditor
has received dividend from the assigDees.
JTtsi u.s. Ne,cton and Decentralization for
costs to plaintiff, when the judgment Of the Court
below was entirely against the plaintiff, and it was
held in the Court that the plaintiff was entitled to
part of what he had claimed. The costs in such
arc discretionary with the Court, if the judge
ment below is to be deemed reversed only in part
and il is proper case to give the plaintiff the costs
on tho wit OF error. Motion for cost allowed, with
out costs OF the motion.
The People Us. The american Dirt Union The
mode Of distribution Of pictures proposed by tho
defendants is illegal and Unconstitutional. Judge
ment for She plaintiff, in both suits
Henderson Us. Canas.-The Sheriff sreturn on an
execution that he had levied and paid to the plain
tin part Of the debt, and that the defendant had re
property to pay the residue Of the judgment, is legal
evidence Of the facts stated in the RETURN as be-
tween the parties 70 the suit; and these facts are
sufficient 70 repel the presumption Of payment agis-
ing from the fact that more than twenty years have
elapsed since the judgment was rendered, when the
luasment Vas obtained before the Revised Statutes
took effect. The case Of Waddell vs. Elmendore ap-
proved
Masoncs. Jones.-Decree appealed from affirmed.
The will giving an annuity Of $500 for life, and
giving the executors power to increase the annuity
if they increased it for single half year, with the
intention Of exercising their discretionary power of
increase, and limiting its exercise to that half year
alone. This exercise of power made the increase
continue during the life OF the annuant, although
tue executors aid not intend, because the will 50
intt Edcd.
lEtHS oS GIBSON -Decree appealed from affirmed,
with costs. The original decree of foreclosure was
satisfied, intended 10 be satisfied; and the
plaintiff, with those whom he represents, substan-
Italy advanced procured the moneys for which
the decree was assigned. They are, therefore.
f,tcG q the benefit Of that decree, and not to be
Affected by any usury Or illegnty in the assignment
Of the decree
Pd,ho ads Rackndn The depostor of ,aoneys
at horse race with stakeholder, is only entitled
70 recover he amount belonging to him at the time
Of the deposit, with interest from the commencement
Of the suit as damages, and not also the moneys of
other betters the race deposited through him.
New trial granted, unless plaintiff elect accordingly.
Moore rs NIomc.-Decree of Surrogate affirmed,
with costs II is discretionary with the Surrogate
60 refuse order sale Of real estate for payment
Of debts Of The testator when the executor has per-
sonal property hand undisposed Of; and this
Court will not on appeal, interfere wlth that dscre-
ton.
Jordan Is. ItaUtS.-Motion TO set aside report Of
referee denied, with costs. The testimony supports
the conclusion Of the referee, or, at all events, was
sufficient to justify that conclusion, SO that the
Court ought not to interfere with il.