The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-01
SUPREME COurt-General Term.


Mitchell, and King.
DEC. 20 Decisions The People rel Morris Us. Plat
"A warrant under the act OF 1881 abolishing imprison
ment for debt may issue against debtor for fraudu-
lenty conceapg his property at the instance OF creditor
who has brought suit only and not yet obtained judy
ment Decision Of Common Pleas Judge affirmed, with
costs.
Spear f. Ripley Is. My9s-A creditor who takes from
debt but reipqushes security, and holds his
original debtors liability is not bona d holder OF the
note though passed tt h before maturity Ss' nG,as
with costs
note bank requested the borrower to receive bills
whose circulation prohibited by law and the borrower
consents to do that not part OF the contract OF
loan and the securities are not affected thereby. Motion
for a trial denied with costs.
whether the defendant carried the goods without
delay according contact OF fact which ought
have been submitted to the jury New sria grantedi
costs TO abide the event.
.aecsta u.s. Giestsr-One who IS neither tenant nor
derenant OF landlord and does not claim under him.
cannot be removed by summary proceeding Demand Of
OF Of two lessees Jointly bound IS sufficient.
Judgment reversed as to Arnold Beman and affirmed
as to Others.
civ II Mtr York rs. Bro,cnc.-0rder Of Special Term
awarding costs TO the defendant affirmed, with costs
Hicks qdafnisra.or rs Hicks Where the decree Of a
SURROGATE refusing 70 admit will to probate mas been
appealed from, is not competent for the Surrogate,
PENDING the appeal grant letters Of administration
in of intestacy lie only appoint collector al
interim Decree Of Surrogate reversed, with costs.
Wake and others ads. Baird-Where one of two joint
u
such by under the Revised Statutes Where
goods are lett with factor 20 sell commission the
until demand by him. aud the statute Of limitations
does not begin to run until such derls nd has been
made Motion for a new trial denied, with costs
Beers RsuaO}dS. &c When a limited partnership Is
dissolved by rutual consent before he time xed for It's
Termination the dissolution does not take ef.ct to
creditors dealers n the expiration OF the notice OF
dissolution vnich is ured TO be given by the statute.
And where the dissolution snd before the expiration
RI the notice the special partner takes assignment Of
a s,rr hn
contributed by him to the partnership he becomes
general partner and is liable to creditors as such Mo-
tion Tor a trial denied, with costs
Ueserpei. .recator IS Gr,gg Where o husband, be-
fore the passage OF the act Of eth Al II lS4S relative TO
ings to reduce legacy to his vie into MS possession,
that statute does not affect his right because IL had
already vested and he may recover in bis own name
Decree Of Surrogate affirmed with cost.
Trylor eaecut0r, GdS BEN amin Where continuing
contract for service has been made and one OF the par
ties dies pending it, execution but it is carried on to
compilation by his executors it Is not competent
clare pom the contract upon q consideration spring
,n from the tesator aud on promises By the executors
judgment. fer plaintiff the demurrer with leave TOR
the defendant to answer on payment OF costs
O,eIo,d c,oss-The motion being to set aside the
report OF the the facts and il not appearing
that II had been affected by Partially or prejudice mo
ton denied with costs.
Jones 49, hiqson--0n decree entered and served on
the 18th May 1851 attempt 20 appeal made until
until 18th July following. The appeal is too late. The
service Of copy Of decree certified by the CLERK no.
tce Of the decree within the statute Appeal dismissed
with costs
Dsrd & Rore ais Eoia4l In action for tort,
where sepa ate judgments may Be given TO several de-
PENDANTS one of the defendants may be examined as
witness his def ndant IL being easy in sIch case
TO prevent his testimony being used in his favor,
and he having interest in the event except against the
party usirg him as witness New trial srante1 costs
TO abide the event
udgm.n mt and execution creator against insoivent
corporation, to wind UP It's Affairs and distribute its
acts among its creditors under part Of Revised
Statutes concerning Proceedings against Corporations
in Equity,n no bar to proceedings by creditor at