New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-11-29
LAW INTELLIGENCE.
COURT CALENDAR-THIs DAY.
CIRcUIr COURT.-NO. 739.
SUPREME COURT-SPZcIAL TERM-Before Judge
ROOSEVELT.
DECISIONS.

SUPREME COURT-SPEcIAL TERM-Beiore Judge
ROOSEVELT.
DECISIONS.
Matilda C. smedcs AIT John Wild, Jr
The defendant loaned plaintiff 500 to ena-
bic her in part the Court sad 10 purchase te furniture
OF boarding house, taking chatte mortgage on tne
whole, valued at $500 ter security Nothing was sad
about The ssvue. 81 interest. but apoIney agreement
drawn up by the defendant was executed BY the parties
In which il wa SET forth that W. ~, oeing ABOUT 10
lend C. the OF 800, 10 enable her 70 purchase
ont certain boarding house at No Al Frsytn--t, she
agrees in con Iteration thereof that W IT, sna re-
ceive out OF the profits Of sad boarding mousse one c
half Of the same payable az such time as may nefee'
be agreed betwet the pertles Li h.,
Preceding 10 eel under tne MOI l5asc As
inttuted the plaintiff asks for an Injunction waicn was
Temporarily granted to stay said proceeqlngS.
TIe e, MT In rendering decision, raid tle asfoc
a ia from IL palpabe indehniteless and uncertainty,
10 sew nothing liz gross lnadequacy. 10 uIio -
forth end plaintiff might give up the houte "asn sns
pessed No interest i act FORTH but IN PaynentO ABOUT
ihree month"; use OF 800 plaintiff called upon 70 give
clear hall of All her earnings, and the deendants not
stsrtuer az between hims.li and plslntin -
How could Court, the Judge said exercising equeo
a, wei. ss common law powers, give effect 10 eohua'
betveer business man and al inexperienced Won =,
r curing the larrer her own expense ana rA anu
with her care and labor. 10 ~ up AL eon .S -
boarding hCuse e-tsblshment TOR an ndehhite PSi"e "
nav onehsf OF the profits % the former as az Si4i
In, for the use OF 800 tor the average perioo In
month The desendabt however ennieu - us 49,
and interest Oyuer
,he DE- pdspt consent 20 accept 800 and egI tsres
10 be pad within 30 days and cancel the collateral sse
uent. r.,a,haa Havana
lame. Sheldon and another against Jonathan nssens
pbels ons Of the plaintiffs IN tao acton siIeI M eot
,s,cerent assigned al his interest 70 oa@Iaon' uiS
n,Ssr rlriniif After thk Sheldon died, and a.s "a
Tri,rs,or ..ks that the anti may De connnaea N MS
ns1e alone AZ the sole existing party IN interest as
.a-nosed by the other side The Code, tue Court SAD
,oxacs rhat no acron shsl sbate BY the transfer q
r. ir,ere,t thereon and, secondly that In ease Oh
1h ,rsnsfer the action shall be continued In the naae
~ The oriypsl party or the Court may allow me person
y, bo the transfer made 10 be substituted IN the &C
,ion Allowing Phelps 10 retire the Court SAID "oua
icave 10 one 70 re.pond 10 costs but an Acminstrior
Ths ohscted TO- and there Is no need oil Iae Co1e
ecton 2 provides that in case OF the death oil par
~ the Courr may, monon, allow the acuon 70 DC
eoutlued by ms representatives, Toe Administrator,
n, retire rsy be let in Ordered that the suit 90 con-
tuusd IN the name Of Phelps and Of Shedons Adrnns
usfCr e., a., -. -.
In the matter Of the application OF the Minister &C. Of
tie North-Wezt Reformed Protestant Dutch Cnurcn, 10
NewYork for sale OF real eztateOrder Oh sale On pc
ti;hn. N. -
The People n re- Stnson McIver against The Bosfo o.
Education of the City Of New-York
Order to show cause why a mandsmv should no
! xeve.