The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-06
Supreme Csuxt-UpeeAsl Tern.
IMPORTANT DxOIsIoN on roInr or PRACTICE.

eupreme Couxt-Upscaal TERN.
IMPORTANT DxOIsIoN ON roInr or PRACTICE.
ny Hon. Judge Roosevelt.
Msy Hsusm-on the sfth q October ss. the pisintid
8. .osl q canssssd Co. and isos COMPANY for
- 7to en4 a the day, mads regular transw 70
payment q the .tos Ss cSsoi s In. AMOUNT On bank
IN New York which on presentation was refused pay
the Sss nos The
accordingly charge that the stock obtained from
them by fraud and they furhsr aegs that to eectuas
his purpoes he Immediately Transferred 20 the other
defendant Mary Hallsm, who resides In Connecticut,
without receiving valuable consideration They ask
for Judgment directing the stock to be returned to
them win dsmages and costs that in the meantime
Injunction may ssue, sc Woodward, in his answer,
admits the truth Of the above statement except to the
consideration Of his transfer Mrs Hallam Is to
his intention In giving the check, He says the former
latter was not fraudulent An admission Of the facts
constituting fraud must prevail unexplained
denial Of fraudulent intention The conc called men al
purposes OF party cannot rebut the legal infsrenoss
necessarily arising from his acts Is the act not the
Ss hs s Do o
perty by false cheek the in effect forged
A. between Woodward, therefore and the plaintiffs the
sale void, still il Mrs. Hallam bona fde pur-
chaser without notice and she actually parted with
her money the strength Ct the transfer she is entitled
cannot be used evidence her favor She must aver
and prove her Instead Of doing she has-n
default and thereby allowed the complaint effect to
| be taken confessed Being resident the
4
tion But before the prescribed weeks had pred
the summons and complaint were served personally In
but
The code says (sec 143 the answer must be served
within twenty days after the service Of the copy Of the
vice CT the summons and that II the defendant (ec LACY
fail to within the prescribed twenty days, the
H.ilam then failed to answer or in other words when
Is she to be deemed to have been served, Service Is
either within without the stae-n the former case 1t
must be PERSONAL in the latter it may be either personal
by publication. tsecs 90, 127, 1874 1852 ssc 1856
provides tt at where defendant be found within
the State the plaintiff may obtain order directing
that the service be made by the publication of
1877 declares that species service sha be deemed
complete at tho expiration Of the time by the
that personal service Of copy Of the summons and
complaint out Of the State equivalent to publication
i means equivalent to complete service to make
the twenty day limitation Of the period to
running from the day OF such service The six
cessive insertions Il advertisement with
to increase the chances Of his getting notice Of the suit
Two three insertions the law presumes might be
looked 1t requires at least six at intervals of week
EACH TO raise legal presumption of notice; and
then is buta presumption Still for the purpose of
effect Of actual notice Why then should not personsl
service which actual notice have the same efecta
assas so tia ssas s
Haliam, however, on application and sufficient
shown" must notwithstanding be allowed to- defend
On this point the code is imperative Has che then,
shown sufficient cause? She tenders answer
BY her, ana which she proposes il allowed to put In in
fact she says thai the transfer made by Wood ward
to her for the full value thereof received from herr
cautiously avoiding any ayerment to what the value
consisted Of and when it paid The statement Is
perfectly consisten. with transfer payment or
security for antecedent debt In addition, however
obteratiOn in the document As originally drawn, il
contained ayerment that the transfer made upon
aspurchae by her in good faith This line although OBJ
scured by very dense cloud of black ink spread it,
can with some effort be discerned nevertheless by the
baked eye The inference therefore is irresistible that
ha Inn atyaov tho udonta v,ot
bona de chase and that advantage, consequently
result from it to defeat the relief which the plain
sion is that whether the received or rejected
there must be Judgment for the plaintiffs.
Police Intelligence.
More Frauds upon The Pubic.4'ret Of the S,cinder.-
tice his return to the chief Of police Of the arrest
swinder, calling himself Charles Livingston who
district The captain says tina. the prisoner has been en-
gagged for come months past In defraudng persons in
various parts Of the city principally Germans out Of
various means CT false representation Some times the
rogue would officer AMI at other times pre-
tend to act as counsel A short time age Mr. Morris
Moser, residing at No II Avenue robbed money
and silyerware amounting in value about $780, few
himself Livingston called on Mr. 1osier at his residence
and eDquired he had been robbed; being answered
in the Affirmative Livingston informed Mr.. that he
had arrested the thief and recovered the money and
property On this information Mr. Mosier felt exceed
ingy pleased and asked Livingston what be done;
Livingston then told ar and Mrs Mosier it would be
necessary for them both to to the court in order to
his wife hurried on their clothing and started of With
Livingston for the court believing of course that he
was one OF the police officers As they proceeded along
that be did not make charge for his services
but that the sherns fees would be 81 which he must
see paid This amount Immediately handed
| over to Livingston by Mr.. Moser, still congrstu-
lsting himself as lucky man to get back his
| property The pretended officer then conducted Mr..
and Mrs. Moser to the Superior Court and a
Der of persons in court Livingston took particular
| off and that the last they saw Of him There
MI and Mrs Moeier remained, expecting every minute
adjourned and the officer the court requested
them to leave. 1t then and not until then were
they aware tina. fraud had been practced upon them
description Of the swinder given to the police and
on Saturday officer Kars succeeded in making the
The accused Is young man and a German by birth,
and alleged has already suffered the penalty of the
law for similar offence Another complaint made
against him by Margaret seens who charges him with
obtaining SIS from her under the pretence that
constable, and would aid Mrs seens in procuring d.
vorce from her husband The prisoner conveyed
made the magistrate ntted him to prison to ans yer
charge of false pretences
police. on Saturday night arrested young named
John Kelly, charged with buIglarously entering the
dwelling house corner of Walker Elm streets occu
PIED by Mr. Moses b. Taylor grocer, and attempting to
steal iherefrom siverware and other property valued in
all at $1,000 1t seems that between eleven and
twelve o'clock on the night in question Mr. vose who
resides in the house coming In heard noise, and
saw the rogue An alarm given and the police
shc dccureu into cbstcuy. Inc premises was
entered it appears by the rogue with false key The
prisoner was conveyed before Justice 0sborn who COM
mitted him to prison for trial
Stalking Nth KNIFE Officer Rynders, of the Eighth
ward arrested Saturday two boys named john Ferris
and William Henry, the former a white boy and the
latter eolored boy who engaged in ARRAY and
the negro being rather too powerful for the white boy the
latter drew out his pocket knife and inflicted two stabs
in the negro's abdomen The wounds are considered
rather DANGEROUS The boy Ferris conveyed before
Jmtce Stuart who committed him TO prison to await
further examination
Seaiing Eight Hundred Delers--A colored boy named
John Seaman, was yesterday arrested by the polics
charged with stealing pocket book containing $500 in
bank bills and gold the property Of Mr. Thomas Marsh
Captain OF the bark Braziisro IL that the Cap.
tain resides at No 40 Delaney rect and on the third
instant on going into the drug store Of DR. Fisk at the
eane number be took of bis coat and left II in the
store while be went to dinner the meantime the boy
extracted the pocket book containing the money from
] the coat and aie OIL On the az hi xl,o