The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-05
s1p~enle Court.
ST clAL TERN


Decisions by II, a Judge Roosevelt.
Jury 3.-Francis Co,ee md Henry Barley .stTaham
d. a Mar and sher0rder to discharge receiver and
that he convey the lots in question to f. 8 Sshlsssnger
Henry G Bowe,', &C. Is stephen " Cadrea, te-Ihe
issued thereon, set aside premature But the de-
murer subsequently put in appears to be frivolous
costs are to be allowed 10 the defendants on thu motion
Luther b. HymGn Eta1lJrt A Marshall The second
defence set in the matter wholly ire
evant admits that the note sued on was the result OF
compromise and yet seeks to go again the gins
controversy. II also aduts (by not denying) At the
note, before its maturity endorsed and for
valuable consideration delivered the plaintiff Even
ii the matter set up therefore good defence against
Cortland the former holder it is answer to the present
plaintiff. Nor do think it would be answer under
any circums unless It be for the amount Of the
alleged previous payments Of interest which ii lie said
were not deducted. The allegations in defence No
| cannot be taken int account in conslasring de-
fence No. 2. Each defence either independently
or 10y express reference. must be complete in itself
Il che truth be, ana i be so proved on the trial
is the real owner IF the note, that ground Of itself
will be sufficient under the code. to dismiss the
raint and il be nos trc then the other defence must
be unavailable So that IN either that part Of the
objected to by the Plaintiff is clearly irrelevant
and ought to be stricken out but under the circum.
STAGES, without costs. Order accordingly.
Doseph H. Dulles &C. j. Salisbury Bres-t--Ths Is
an action against sockhocer Of dissolved sanufao
turing corporation who nerposes six distinct ndspen
dent deences-to Two of which the plaintiffs dsmur
One OF the Objectionable defences is that the Judgment
recovered against the corporation by coason and
fraud the other that the defendant himself creditor
to more than the amount OF his liability as stakeholder
Jhese ucfences unGolbahy are put forth with sbe1ent
brevy but il il said they destitute Of the
fuLess and precision. That but demurrer is not
the mode of taking advantage Of the objection. The
code has provided the more summary remedy BY motion
and the Court is disposed to depart tbs mode
prescribed Ordered that the derlurreis be overraed
hut without costs with liberty reply in twenty
days. TO 10 make The certain and
definite.
Wliiiana Rider &C. rs join, Poad-This is demurrer
to part of which is entire and ba framed
as and not as two Soisnces On the argument the
court was led to suppose that the matter aemarcd to
was separately stated in the form OF independent
bar to the action according 10 the 50th gselion Of the
code. The plaintiff ,orng 20 section 1b3 may dsmur
to or more Of several deence but he eannOt demur
TO part OF an entire defence answers aSe Rep. AZ
APT r. 4l3 As this difficulty se.ms 20 have 6een
looked either the demurrer viii have be amended
the answer probably both. flor the lsttcr s very
vague before intelligent judgment the merits
be given or The parties may agree upon ease, stating
clearly and truly the facts and submitting with with
out further argument tho questions of law disputed be
tween thtm for the determinations of tho court should
the latter suggestion not be adopted the court win have
alternative but to apply tho 160h section Of the code
which declares that whom the allegations Of pleading
so indefinite uncertain that the precise nature OF
the charge defence l. not apparent the court nay
qure the pleading 70 BE- made definite and certain by
amendment" In the late OF Evans against the
Protection Insurance Company the Circuit Court of the
Unite States 70. this district to get rid Of similar en-
Barr assmcnt even whore there no code ordered the
parties to reform their paGings that the real merits
of the might be tried Let the parties, therefore
show at chambers why the eadipgs should not be
reformed: and the judgment in the mean~hile Is sus
pended.
IN he matter % H. Peiiioa Of Peter Lorlc.d and others
Tusyees NJ Catherine r. Itrncs1he late Ms. konalds
sonal property be invested by the trustees in stocks
mortgages productive real estate Under th's drec
ton the have authority instead o. purchasing
houses to erect houses lots already belonging 10 tne
Trust Such the view recently taken by this court IT
reference To similar provision in the will OF the late
Nathaniel Prime deceased. order accordingly