New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-09-16


DECISIONS
John La Fare sg- Gens HoTlan3
Plaintiff claims specific performance of
contract for the exchange and sails Of lands and damages
for breach OF the contract On sd Marcn, l89 plaintiff
ton-sv lots each 20 by IS feet IN Twenty ad
joining the OF other lots being lots Seventbav be-
tween Twenty fifth and Twentysixh sts also 10 lots in
Twenty Of Seventh and lots on Twenty
sixnst subject TO OOn Of morgages and TO pay that
cay $1,000 in cash. and ss2 By LIST May then next when
Defe adsnt agreed TO convey plaintiff the Atlantic Dock
stores IN Brooklyn known as 9 and It. together with IL
parts OF the property included in what Is known Elevator
Stock being the conveyed ~ Ks,am to said Rowland
also the wharf property laid down in map exhibited
Delaware and Hudson Canal Co, AID the Market House
subject 10 bonds and mortgages amounting 10 $500 aud
SUBJECT to the Atlantic Dock property TO the liens then
existing and to the Provisions and restrictions, &c
tanned in the deeds Of the grantees and to tbs Ferry
properly subject 10 the then e1lstng en ADD to the quit
to the Mayor, &c OF NewYork being $50 per snnum
The exchange negotiated by Mr. Adams broker and
the contract star ed by both parties before they in
ucduceo each other and the following day they
new agreement entered into on 9th Nov, 1919 bv
which plaintiff 20 retain 10 OF his lots subject 4 0eO
Dorssse on them, assume the payment Of $4,000 mort
gaze Brooklyn property ana convey lots on Twenty
htthst 10 de endsnt subject TO mortgage Of $1,000 The
agreement however was no. carried out.
Various pOins OF defense set up opposition 10 spe
money sven for the g. OO0; also estimate
The Court gave an opinion az much lensth pointing out
the particulars TO the controversy The of the How
lard property, he said. S3l,9j0. Deductng S303o0
mortgages defendant was TO give in value Sjt5O Plaintiff
give mortgages said S3l 100 value. and
receive so go The difference is sufficient to require the
Court TO interfere for plaintiff where he has been him
self fault and order accordingly the desndan. repay
the 81 900 received By him. with interest &c As 10 the
S2tO relating to Mr. Bede is be regarded for
purposes Of this suit sbTOgAton only If that becomes
maternal In the accounting Neither party 10 have up
10 this time az against the other.
One point ofdeene that the object Of defendant enter
ing into the agreement the $4,000 difference which
not furnished, agreed upon and Afterwards not
needed.
R. p. Croker against Stephen Croker and others.
Injunction TO continue as TO ). Croker Skinner Co,
and Foster Co. with liberty fuller &c. to
otou TO dissolve injunction far allow them
sell - much of the stock pledged Will satisfy advances
made by them.
Don Alon1o Cushnan against Darius c. Jackson
Motion ~ vecste attachment denied partners interest
in pstuerbp property may be sold under execution II S
not, however, ike aashment absent debtors
where sill the property is taken Tor all the creditors bu. only
sufficient TO satisfy the particular demand with and
penses
Rafael Garcia Dc Teisda sgasst WIN X. De- Forrest.
To restrain defendant from collecting two bills OF
change drawn by the Nicaragua and accept
ed by the lnerocesrc Canal Company for $4,000 eacn the
having been given for quantity Of musksts balls and
shot supplied by plaintiff defendant advanced tO By
deendan 10 raid Government but defendant In possession
(which denied and the articles did cost defendant
90 much as al eyed he charged Already referred TO- H.
junction made permanent with reference as 70 amount d1e
Slainth. &c.