The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-10-25

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Blunt for appellants O l.. Benedict for rospon
dents. No so, Darrin and others, respondents, agt
Hatfield ard Shields, sppell,nts Argued M.
g. Bidwell for appellants VIM Siuiman for ro'
Oct 22-No 81. Tracey, respondent, agt. the
Albany Exchange Co.. appellants. Argued M.
I Reynolds for appellants n Hill. Jr, for res
Blunt for appellant. G. X. } Boadoin for respon-
dent No, 226, Mesd, respondent, agt the, North
printed arguments snu points. ). Voorhees,, coun.
sell No LOG Thatcher, appellant, sgt. the Bank
OF the State Of New York, respondents Submitted
r. g. ps nnd
spopdents, sgt Petteo and another, appellants.
Judgment reversed by default N Hill, Jr.. coun-
sci. No Sp 90; .oushton respondent, ags wssrer;
d. Blunt for appellant; Samuel Beardsley for 70
rpondent. Wallace, respondent, agt. Lstson, ap-
Pelisnt Motion 90 dis@iss appeal, granted by do.
fault. Colt, counsel for respondent. Wells. re-
spoIdent, agt Dsntorth appellant Motion to dis
mics appeal, granted, cond,tionslly j. IL Reynolds
for motion; Hill, Jr, oppos.d Ferguson. 70.
srondcbt, egt. Ferguson, appellant Notion 70
dismiss appeal granted, unless new and amended
return be filed &c.
Judgment affirm ed with oosts.-Ellioott, rospon-
dent, agt. Moser, appellant; Faare appellant, ngt.
| Martin, respondent; Minsurn and another, respon-
den's, sgt Main, appellant; Davenport, appellant,
aet. Covert. respondent; Burdick respondent, agt.
the Aims House Of New York, respondents, agt.
The American Art Union. appellants; Rioh respon-
dent, agt Kimberly, appellant; LAmocreux, res
pendent, sgt Gould, appellant; Asaburner, respon-
dent, sgt BaIchsn, appellant; Black, respondent,
egt Cafe appellant; Hunt and others, respondents,
sgt May bee. appellant; Kendall, respondent sgt.
Harris, appellant Winter, respondent, sgt. Cot,
appellant; Fort and wife, respon ients, egt Coed
| irg and Others, appellants; People, defendants in
error, sgt. Cay. plaintiff in error; Gilbert. respon
dent, agt Danforth, appellant; Harris, respondent,
mot (1ar InnI nth II
Dent, agt Jacques. appellant; johnson, p,llnnt,
agt Valentine and others, respondents; johnson,
appellant, agt Valentino ard Mum, respondents;
Ernest Augustus, Dake Of Cumberland aud others,
respondents, agt. Graves. appellant; Cothsal, res.
pondent, sgt. Brickbeck. appellant; Miller and
Others respondents, agt Newton, appellant; Hey
New York So, respondents; Gould, appellant, agt
| The Hudson II X Co, respondents; De Peyster,
appellant, sgt Michael respondent; De Peystcr,
appellant, sg,s Snyder, respondent; Overbaugh and
smith, respondent. agt Kendle aud another, appel
ants; The New York Life Insurance & Trust Co
appellants, agt. Beebe and others, respondents
Decree Of the Supreme Court affirmed. without
costs on either appeal to this Court --Noyes, re-
spondent, agt. Biakenan and Others, appellants and
cross appeal.
The judgment Of the Supreme Cour. is reversed,
and il is adudged that tho omplanants entitled
to relief acoordog to the prayer Of their bill without
costs Of sppeal Nicholson and Others appel ants,
sgt Leavitt and Others. respondents.
Judgment reversed, With costs The People of the
State Of New York respondents, agt Tho A merioan
Art Union, appellants White, appellant, agt.
Merritt and another, respondents
Judgment Of the Supreme Court reversed, aud
that of the Oyer aud Terminer affirmed and the
proceedings in this Court arc to be rcmitted TO the
Supreme Court, in order that that Court may direct
tho sentence of dc ath to BIO executed People,
plaintiffs in error, sgt Joseph Ciask defendan5 in
eTIor People, plaintiffs IN error, agt Jamos Sulii
van, defendant in error
Decree below reversed and special dc ,ree directed,
pna nt IN ~
appellants, agt. The National Il ipk, respondent.
Judgment reversed aud jadg ment rendered in this
Court for the defendant, with costs in tho Court boz
low End in this Court -Ccrvin, respondent, ags
EIeelsnd and others. appellant
judgment OF the Supreme Court at general term
reversed, and the judgment entered at the speoial
term report OF referee affirmed with costs Cobb,
appellant. ogt Dows md others, respondents.
judgment reversed and prisoner discharged. Peo-
pie, def'ts in error, agt Honry Marley, plaintiff in
error.
Judgment reversed and new trial ordered, with
costs 10 abiee tho event Gardner and aaother,
respondents, agt. Sugdam aud OILERS, apeel.ns
Wall and others, respondents agt the East River
Mutual Ipsurar ce Co appellants
Judgment reversed and proceedings before the
County Judge anpu,iod The People, ex rol. Wa,d-
ron and others, appellants, agt. sopor, County
Decree Of the Court below reversed and bills die
missed with costs In tho Court below to the Re-
ceiver and without costs to the other defendants,
but without prejudice to any right which the state
Of Ohio may have under the agreement mentioned
in she peadinas in the cause aud the assignment Of
the mortgage therein mentioned, except such as
said State may seek to enforce as plaintiff in any
suit in the Courts Of this State. directly founded
upon such agreement or assignment -Talmagc,
President BE, agt Pell, executor &c, and others,
The State Of Ohio and Others, respondents, agt Pel
executor, SC and others, appellants.
The Court adjourned ON the 22d inst, till the 18th
Of December.
Among its dec!siors there are several Of special
public interest,".
ore of them is, the case Of North American Trust
and Banking Company, in which it is held that the
free banks established under the law Of 1888 are
'Roneyed corporations" within the meaning OF our
statutes, and that they have right to deal in buy
irs and selling State stocks except merely much
as may be necessary to deposit with tho Comptrol-
Ter security for their bills of circulation and that
any contract for purchase beyond that, Is abso-
lutely void
Another Is, the anti-rens cases. in which IL Ia
held that the reservation in n perpetual lease or
Lease in lee Of PORTION Of inc parIhaSss MONEY
The following is an Official copy Of the resolutions
adopted by the court;
The court is Of opinion, and does therefore hold
LIST. That every association organized under the
act to suthorize the business Of banking, aud the
acts amending the same, is = mOneycd corporation
within the meaning Of taa statutes OF this State
affected by those statutes excepting only far ~
such statutes inconsistent with tho provisions
either ofthe to authorize the business Of banking
or Of the act amending the same.
I'd. That such associations are banking corpora
tions and possess only authority to carry the bu
siness Of banking in the manner, and with the pow
eTs specified in said act.
That they have power TO purchase State or
other stocks for tho pupose Of selling them for profit,
a means Of raising money, when suoh stocks
have been received in good faith, security for
Loan made by, or debt due TO such association, or
when taken In payment, In whole or in part, Of such
loan or debt
81 The decree OF the Supreme Court must there-
fore be reversed and the bills dismissed With costs
in the conrt below to the receiver, ani without
to the other DEFENDANTS but without prejudice
to any nights which the State Of Ohio may have
rendered The agreement mentioned IN tho plead
nss in the cause, and the agreement Of tho mort
gngee therein isnti0nod, except sneh said State
may seek to enforce plaintiff in any suit in tho
courts Of THE State directly founded upon such
agreemcnt or assignment.
w. Oh e Iork apdG Gull, who afr.