New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-07-05
NrWYORK DAILY TRIBUNE, MONDAY, JULY s, 1852

US. COMMISSIONER Charge
of A,sarh rib a D1,srols Weapon Mr. JosIn A. Cos.
Ter mate of the chip Robert Parker, examined on
charge Of sssauting Of the crew with dangerous
weapon baying pin Testimony was taken, and tbs
COM lsint dsmissed.
SUPREME CoURT-Specidl Term-Be-
fore Judge ROoeevelt-lO q c siOns. In The rGSer
OF Pd1 L0riLlard aSa Others, Trustees q Catterise
fhorlas-The late Mrs Ronalis the mother OF Mrs
Thomas BY her viii directed her personal property 10
be invested by the Trustees In stocks, mortgages or
productive real estate Under this direction the lrus
tees have authority instead of purchasing houses TO
erect houses Oh lots already belonging TO the trust
Such the view recently taken by the Court Ia re-
spect similar provision IN the will OF the late Ma
thaniel Prime deceased Order scco DINGHY.
J. n. DnAcs and OtbtTs agt j. Salisbury Brec-e IN
an action against defendant stoc aholder in dis
solved manufacturing corporation 10 recover, % the
extent OF his stock the amount Of judgment against
the corporation, be set up among ether deenses that
the Judgment was obtained against the company by col
lus.ou and traudalso that defendant himself Is cred
tor Of the company 70 more than the amount of his
liability stakeholder On behalf Of plaintiff. il Is said
the deenses set forth with the necessary uness
and precision Held, that demurrer is not the mode
OF taking advantage Of the objection, the Code has
provided the more summary mode, by motion, and the
Court 10 not disposed 10 depart from the mode pre-
scribed Demurrer nyerrued with liberty 10 reply, or
10 move 70 make answer more definite.
Uiliam Rider e. a. agt John POnd-Plaintir &C
cordne TO l53d section Of the Code, may demur 10 one
or Of several defenses but he cannot denur 70
pan of an ert defense or answers Code Rep i3,
P r. 4l3) The demurrer can be amended, or the
susxer or bOth-or the parties may agree upon case
Should the latter suggestion not be adopted the Court
will ave 10 apply the 10th section OF the Code, which
owes pOwCr when the pe6dings are so INDEFINITE that
the recise defense IL not apparent TO tbs Court 10 re-
oure an Amendment Order, that parties show cause
why the plesdngs should not be reformed, and the
jud sment IN the meanwhile is suspended.
/. 4 HbnGu sPt T.. 4. WdrshiH-That part OF the
answer objected to must be struck out but without
costs.
Fropeis CoHeHa and another agt D. A. Mar aud
Oth1s-Rcceiver discharged and lots to be conveyed
10 F y Scol.ssiuger
Hrrrg c. Rolrea. Sc sgt S,pGtu ". CIlirei, Sc
Judgment fret entered and the cutions set aside as
premature. No cOsts, the subsequent demurrer being
frivolous.
MARINE CoURT-Before Judge COwles.
Thomas q RrrHG agt John Garcia To recover dana
yes Oh WArrsnee Of horse, ths was sound aud but
years Old. NJ b. gave 10 NJ. G.. $3.50 for the horse
After btirg In possession Of Mr. b. two or three days
il began to snow sys ptOms OF ameness, which became
worse, tnd in the of four FIVE weeks the horse
could not be driven Mr.. KEEP. it nearly two months
when be gave notice 10 NJ 20 the laneness and
quest hat the horse be taken back and the money re-
funded which refused the ground that the horse
when delivered has been stated. Mr.. B. then
sentit b tse Crosyst sale stable, and II was sold
for SIS Action h brought tor the difference The cause
OF the amenesss appeared IN ossihcious tum)r
In the etock joint and testimony wPs produced to show
II 10 be disease which IL 50 me time forming before
develops itself: II also said that the age or ins
horfe could not be told lis mouth was "hXed Mr..
Williams veterinary surgeon stated that his experience
has shown bin that horse, from being placed IN
damp stable or other named might 10 the best
condition day and completely changed next day
He examined the horse in $50 con,dered 20 be then
years old. aud did not observe but II was ever way
sound Other testimony sdfuced. The Jury,
from the weeht Of testimony, considered that the was
raLtee had not been sustained and gave verdict Tor
plaintiff, s2C0.
Ihouos Clarke agt Peter CarlaG9h-To recover
note tor $780, originally giyeno Daniel w Clarke and
indorsed by latter to plaintiff.
The defense ia that Mr. Cavanagh, while Daniel w.
held the note applied for discharge from his debts
under ire twobird act and that Daniel w was one OF
the petitioner creditors in hs behalf for discharges In
the tbove note and that bis petuoning is bar to the
action.
II appeared that Mr. CavanaRh aiterward withdrew
hs uei.iion, and lid Lot obtain his discharge.
The Court held that the defense set up could not he
sustained aud gave judgement for plaintiff for $780, and
costs