The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-01-01
Supreme Court-General Term.
Before Chief Justice Edmonds and Hon. Judges Edwar
ball nd

DEC 2e-DEc,soys The People ca rel Morris u.s. Plat
"A warrant under the act o, 1881 aboshing imprson-
ment for debt, may issue against debtor for fraudu
lenty concespg his at the OF creditor
who has brought suit only and not yet obtained udg-
ment. Decision Of Common Pleas Judge affirmed with
costs.
Spep & Ripley rs Myes-A creditor who takes from
his debtor note OF third person in payment OF his
debt, but repquishes security and holds even his
original debtors liability not bona tide holder OF the
note though passed e him before maturity but holds it
parties Motion to SET aside report OF referee denied
with costs
SHADING rs Merchants Bonk-Where, on discounting
note the bank requested the borrower to receive bills
whose circulation prohibited by law, and the borrower
consents to do that is not part OF the contract Of
Ioan and the securities not affected thereby Notion
Tor trial denied, with costs
.4nseH r. C,LJ eds. Do,o.e 8. Caey-The question
whether the defendant lad carried the goods without
delay according contact OF fact which ought
have been submitted TO the jury New trial sranted
costs 10 abb de the event.
sqeosta rs GesLr-one who J. neither tenant nor uu-
der-tenant Of landlord, and does not elsm under him.
cannot be removed by summary proceeding Demand Of
rent OF one OF lessses Jointly bound sufficient
Judgment reversed to Arnold Bieuan, and affirmed
rs to others.
Civ Of Mp York rs Bro,oac y Order Of Special Term
awarding to The defendant, affirmed With costs
Hicks, administrator, Hicks Where the decree q
Surrogate refusing 70 admit VIII to PROBATE mas been
appealed from it is competent for the srrros
pending the appeal grant letters OF administration as
of intesacy He only appoint collector al
interim. Decree Of Surrogate reversed, with costs.
Uaker AID Others. ads Bdird-Nhere one Of two joint
debtors is resident be may be proceeded against
such by under the Revised Statutes Where
goods lett with factor, 70 sell on commission, the
owner has no cause Of action for the value of the goods
until demand by him: aud the statute of limitations
does not begin TO run until such derns nd has been
made. Motion for new trial denied, with costs.
Beers RegaoIdS DC When a limited partnership Is
dissolved by rutua consent before he time fxed for its
termination. the dissolution does not take efct
creditors dealers until the expiration OF the notice Of
dissolution wnich equired 10 be given by the statute
And the dissolution snd before the expiration
the leSa lsses 80 h
contributed By hin to the partnership, be becomes
general partner and liable to creditors as such Mo
ton a trial denied With costs
Westerpei. executor. G,tgg Where husband be-
fore the passage of the act Of eth Al ii 1913 relative
tie property OF arrec women institute legal proceed
ngs to reduce legacy to his size into ri, possession
that statute does nos affect his right because it had
already vested, and he may recover II in bis own
Decree OF Surrogate affirmed, with cost.
Trplor, eaecutdr Gds. BerjGasn Where a continuing
contract for services made and of the par
completion by his executors s not competent to de-
clare pom the contract upon consideration spring
ing the estato and on promises by the executors
judgment for plaintiff the demurrer, with leave Tor
the defendant to answer on payment OF costs.
Orchard Coss.-The motion being to set aside the
report the referee the facts and it not appearing
that IL had been affected by partially or prejudice mo-
ton denied, With costs.
Jones u.s. htason--On decree entered and served
the 18th May 1851 attempt % appeal was made until
until 18th July following The appeal is too late The
service of copy decree certified by the clerk is no
tce of the decree within The statute Appe. dismissed
with costs
Derd /. Ro,ce ais. Holman In al action for . tort
PENDANTS one OF The defendants may be examined as
witness his defendant it being easy in such case
prevent his testimony being used In his ow favor
end he having interest the event except against the
party using him witness New trial granted costs
TO abide the event.
D,rab,ada Empire Mls, aul oilers "A proceeding BY
Judgment execution creditor against nsoiveat
corporation to wind up its affairs and distribute its
sets among s creditors under part Of the Revised
Statutes concerning Ptoeeedigs against Corporations
in Equityni Is bar to proceedings BY creditor at
large another part Of the same Statute but it Is
with the court 20 contle The proceedings
70 one suit and such power will not be exercised in
faror ~ s which ia not brought for ali the creditors
Order of Special Term affirmed with costs.
Smith ads The REPRESENTATION Of the dsfendant FOR
perjury at the General Sessions reversed by reason Of
variance between the Indictment and the proof
Cater rs Iarameti Where defendants went into pos
session Of premises seized q all the estate OF the original
essees and for the whole term they are liable TO thc
in writing be proved Report OF referee set aside costs
10 abide the vent.
action wrong connected with the person be not as
sSnable when connected with property affecting il.
value It is as.ignsbe and under the code the action for
&c be brought in the Of the assignee. Judy
ment Of Special Term affirmed with costs.
Curtis Ledrfh, Receiver, 8c-Motion to open proofs
denied with costs.
factor with general authority 10 sell and he has made
advances on them and tie time for the repayment OF
the advances has elapsed ami ne thereupon sells 20 REIN
burse himself he is not liable in action, as tor
wrong for converting tho property, but only for the
surplus Of avas OF the sae after paying his advances
Motion for trial granted costs 70 abide the event
raised the trial. and the only one being That OF fact
wherein the testimony wss nearly balanced new trial
.I,eIson ais The Af,tual ms Co-order OF Special
Term affirmed, with costs.
a,mar TO- Ciae.-it Is not competent for q Judge at
Chambers or any where out Of Court to render judg
fpt except In The single OF motion u strike out
psangs riyolous In al other osssr, Judgment can