The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-11-30
Supre mo Court.

track that Of the steamer and though seeing and
hearing the steamer took no proper measures to avoid
her. Libel dismissed.
Supreme Court.
DECISIONS.
BY Hon. Judge Roosevelt
Nov. 27.--Maiida q. Smedes against John Jpi6,
1.-THE defendant loaned the plaintiff Sl0o to en-
able her. in part to purchase the furniture Of board
ing houie taking chatte mortgage the whole, va'usd
at about $500 rs security Nothing said about the
payment of inerest,but another agreement drawn up
by the defendant was executed in the following words
M Is to n1 to
Smedee also undersigned the rum Of one hundred
dollars to enable her to purchase out certain boarding
house No Al Forsyth street. In the city Of New York
and whereas in consideration thereof the said Matilda
smedes hereby covenants and sgress that the said
clear half Of the same payable at such times
ssha be hereafter agreed between the parties hereto
I'm Witness" cSc-signed by the parties with their
seals affixed.
Proceedings to SELL under the mortgage, having been
instituted, the plaintiff asked for an injunction to stay
them
The Judge raid There is sufficient avermsnt In the
complaint to raise the question Of usury To warrant
demand for relief on that ground must hrst be
made Besides the mortgage contains stipulation for
the payment of interest, whether less than the
@ EO% s si IN:
executed about the same time 1t would seem that the
lender was to be compensated nsead OF interes by
participation in the profits OF the boarding house to the
extent Of clear half In other words in lieu Of $l75
which would have been the lawful interest he to have
indefinite compensation, depending tho OF
the establishment but bear losses and to
have his principal returned At all events undminahed
IN so nr's Ana 1Su 5o ana ys S
mned!-how much was to be allowed for the plaintiffs
serviceswhen were the accounts to be adjusted!-how
long the arrangement to continue! On all these
points the agreement Is silent 1t merely provides that
the half Of the profits is to DO ysbe to the defend
ant Eat such times ehs be hereafter agreed between
the partiesn But suppose time be agreed upon
and has been likely to bewhst then becomes
the plaintiff is not partner and has control the
house, and the plaintiff for aught that may stop
the house and Of course stop the profits whenever she
psases. Such agreement Is clearly void II Is void
for is palpabe ndenitcnees and uncertainty to say
nothing Of its gross inadequssy The latter objection,
however 10 too prominent to be overlooked How could
court exercising equity we'll common law powers
give effect to contract between business man and IN
inexperienced woman requiring the latter at her
expense and risk with her and labor to Mt
up and conduct boarding house establishment for IN
indefinite period and to ono half Of the profits to the
former equivalent for tho OF hundred dol
lars for average period Of three months The defend
ant, however, Ia entitled to his money actually loaned
turs fhe consents to relnquh the oppressive collateral
agreement Equity also seems to require the pAyment OF
fore be entered continuing the injunction uuess the de-
PENDANT contents to accept that amount to be paid with
in thirty days and to cancel the collateral agresmoa
In The matter Of the application Of The Minister &c Of the
North Vest Reformed Protestant Dutch Church in Neo York.
for sale Of real estae-Ord,r Of sale on petition.
Sinson McIror The Board Of Education qfthe City Of
Ncp Iork-Order to show cause why mandamas should
not issue.
James Sheldon and a.sther vs. jonathan Hapens--Roose
welt Phelps OF the plaintiffs lin this action aftor
its assigned all his interest to Sheldon,
ths other plaintiff Sheldon then died and his admins
TRAITOR axis that the suit may be continued In his
alone, the sols existing party in interest The
code rst provides that action ths abste by the
transfer any interest therein ~ and secondly in case
Of such transfer the action shall be continued in the
of the original party the Court may allow the
person to whom the made to be substituted In
the acton 1t IL OPTIONAL therefore, with the Court to
allow not the retirement Of Phelps AS In that
however there would be to respond in costs but
administrator the change Is strenuously objected
O., II
proper that the action far he is concerned should
a. il Clearly may be continued in the name Of the org
nal party As the ladmni1rator Of sheldon. the code
(sc l2 provides that in Of death Of party the
Court may motion allow the action to BIS continued
by his representative The administrator, therefore
be let in and under the circumstances Of the
1t peculiarly thai he should be- to the
only real party Ia interest An order will be entered
the action be continued in the Of Phelps and
Of Sheldons administrator.
Military Paradss.
CHATHAM GUARD The second company OF this corps
will proceed to the country upon their second annual
excursion at Christmas The members will be under the
command Of Capt Frslgh and will turn out with forty
muekets Great preparations made for display.
fine band Of music is engaged.
THE ENPlr HUzzARs.-This very fine troop composed
Of wsslthy German Hebrews. under the command Of
Capt Herf, gave their second annual ball at Nibos
Saloon during last week. There very large and
fashionable attendance including Colonel Postley Lieut.
Colonel Msnck accompanied BY Miss Meuck, Major Mar
tin Captain Belchsll and other gentlemen OF high mill
ary rank During the evening the troop formed in the
stion sabre to Capt Her token OF heir regard for
him an officer and gentleman. Lieut.. Wise pre-
cnted the sword in the name OF hi. comrades with few
appropriate to which the Captain replied in
. speech Of much eloquence The foldiers aud their
guests enjoyed themselves most happily to late, or,
rather ON early hour
Nrw YoRK Music BRicApE.-0ur New York military
bands about rgapizng mu.c Brigade Each lead
will command his company and 1t has been said
that retired general officer will command tho corps
its annual parade 1t IL ced that retired field
officers will occupy posts Of high command
TnE CLErKs' GUARD, is the name Of q new company,
organizing to be composed entirely Of down town
clerks. The muster roll has Nifty names upon 1t At
prefent
The MILLER Guards, Captain George W. Henry passed
Morris where they had spent the day target practices
They thot for fourteen very beautiful prizes They
bered about forty muskets, and made very ccsdabe
appearance Captain Henry intends to make theirs equal
to any military company in this city They were accom-
panied by the City Brass Band
THE FASsIse GUARDS composed Of the In the
employ of the Empire Stone Drening Company, COM
mspdsd by John Cowen went their annual excursion
to NswtCwn. They numbered 1876 muskets, and had
expert mar ksmen With the exception of their target
which terribly shattered, they made handsome
di play whsp seen on their return.
THE Pam BALL Gun composed Of the members and
friends Of Pearl Hoe Company Ne 28, went their
eighth annual excursion on Thanksgiving day. The
Club went TO Mr. spedikers Long Island, where after
goiIg through the usual game Of ball playing they sat
down to ptuous dinner got In the best style to
which the Club did ample justice After the cloth was
REMOVED, ana the Usual tOssts gven-uot forgetting
the Memory Of Daniel webster and "Cabs',-the
PARTY returned highly delighted with the days sport
On passing Office three hearty cheers given FOR
the HtPALD.
Military ISvlrATIoN.-Ths New York Light Gu,rd,
under command Captain Vincent has been invited
attend at the funeral ob,equies ~ Daniel Webster at
Ctarlestewn, on the 30th inst. The members intend
togo
THr SEVENTY. TrRsT RGcrNEsT. Tor Amcric, RiAes)
have, understand determined TO give grand resi
mental ball soon
r. and Oufn Gusrd aared onr ofB
Thurs day last their FIRST annual tsrgst parade They
numbered thirty muskcts aud three pioneers and
commando BY ID. Clark, Lieutenant Wenman II Welsh,
X Pryor and T. Pryor all attaches Of the plumbing
establishment. The Guard proceeded TO Gberts Mount
Prospect Brooklyn snd sho. for thirteen rich prizes
Including three very fine gold watches. They
sopaDisd by Adkins Corr Band marched Ia first rate
order and evincsd excellent drill and discipline,
The Eeud der Missionary Society.