The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-03-29
Supre me C6urt--Ce neral Term.
INPORTAST DECISIONS,

Supreme CouTt-GeneraI Term-
IMPORTANT DECISIONS.
by Hon. Judges Edward, Mitchell Roosevelt and Morris.
MARCH ~ The court greatly crowded this
ing being expected that the decision in the Of the
injunction against the grantees Of the Broadway Railroad
woud be rendered but owing to the absence of Judge
Strong the anxiety in Ike matter is doomed TO continue
until Saturday next
Hostrs Hom.-A that building to be erect.
ed lot shall not be less than twenty five feet in front,
in front Of the thing poken of and which to
be Of that wd,hnamey the buiiding-and not in trout
OF the lot New trial granted Costs to abide the event.
Pinntmda us Hadso.s-a surety was to pay debt il
the creditor used and legal diligence TO collect it.
delay Of mouths before suing the debtor, unex-
planned is not such diligence g 10 authorize the Court
to ray that the surety was liable New trial granted
Costs to abide the event.
White Utica and Schr,atddy Railroad C0a,pdny.--
Order dissolspg injunction affirmed with costs. When
charter is granted railroad company with reser-
walton art horzinp the legislature to alter modify,
repeal It, in the discretion OF the legislature it may
thorize the company subscribe the stock Of rail-
road com any in Canada or which road would connect
indirectly with that If the chartered company, and the
company may so subscribe ard no stockholder cam by
injunction or othersise prevent the subscription.
W.e fed u.s. HcsteJad -itcrte OF Surrogate Affirm
ed 10 the legacy Of "a eco and reversed to the ega
cy Of $1,000. Costs It 9TH appeals to be allowed to the
In he Matter Of Pa,,ict Hemry-Moton denied. All the
imputatons made ia The moving afdavits repealed
and explained BY those IL the
In the Matter Of the Petition IF Fanscina Msyer-Order
appealed from modified Commissions allowed on the
s25 70 the trustee but counsel fees allowed which
he incurred IN tie litigation between him and his cest,s
que trust as to his accounts especially az some items OF
his accounts were disaiio.ed.
Udktndn Bdiley--Report of referee set aside.
New referee sy b appointed Costs to abide the event.
Payne u.s. Doidufn New trial granted, costs to abide
the event The defendant promise original
but a collateral liability ,z pay debt which anoth-
bad contracted to and which that other not
discharged from pa, Not being in writing, void
by the statute Of frauds.
In Tie mater Of Booaingdale square Report Of Com
nssioneIs sent back &c ,hen 10 correct according to
opinion. Although bounding lot street in deed
may be dedication OF ar' Of The street; ana anongn
in some cases public may be dedicated by laying
the lots by it yet such dedicaton OF square will not
be inferred VIXEN it owned by several In aus
inct parcels, and thy dd not lay it out as square, but
the public authorities lad ii out TO be opened at future
day, and the o part OF it and OF adjoining
lands offered his part and the sdo ming lands for sale in
one emen bur concluding not TO sell the part on
the intended square, made u map of the adjoining lots,
and on it laid out small portion only OF the square,
designating il by tie given by the public authori
et and then conveyed without reference to the map
square The reference "a The in such case is 10
designate the locality Of the lot by well known object,
and not to dedicate la estimating the respective
values of the lands al The different within the
square lie commissioners not 70 value one lot higher
than another tie ground that If certain streets
continued through tie quare they would make the one
lot more valuabl tia The other.
Hun u.s. Hust--ho agent selling cattle for another
charge il the of interest, at the rate of
seven per cent aDnuIn he whole price and COM
the residue only Of the price and lake from him
hent to refund the Whole price, ii the agent shall not
be able by due diligence collect it This is not
usuy and the agent IL effect only or the
cebt. Judgment affirmed with costs.
Sniden d Fitzgerald Hter G Wia.-Decree Of Surro.
Bos rs Buntine.-Fnro,rent of decree opened, and
hearing granted on payment Of costs Of motion
THE BROADWAY RAILROAD.
The Court then that the decision in the
OF Mhau sganst SHARP application for an injunction
against the grsnees Of the broadway Railroad BIO
deferred owing to tie absence Of Judge Strong who pre-
sided with Judges Edwards and Morris at the argument
The General Term would he aaournen till Saturday
next when the decision IN that case weuh DO rendered.
In the mater Of Thomas McI,a', alsrnatur mandamus
is granted to show that the City Superintendent Of Public
Schools has power TO revoke license once granted to
teach er.
Hednsan us Prot d. Parker. Although the decsra-
tons Of fraudulent assgner may i've admissible against
the assignee If combination be wn, though they
not of the same weight against the assignee his
declarations would be although where purchase lie
made by debtor Of real eske in the Of aoother,
the burthen OF proof hes him to dsprove fraudu
such fraudulent intent may be dproyed and il may bs
shown that be owed the grantee and had the property
conveyed in such to secure to the latter
the pay ment Of what due to him. judgment affirm
ed with costs
Lanni1s vs Di-or Judgment affirmed, with costs.
the landlord sha wish 60 build and give notice to that
effect, does not create tenancy at win at suerance;
he nav bo bv ue - 'aVs
Ward u.s. HWtard.-fhere was enough evi ience Of
fraud in the purchase OF the goods require the
event.
Manning u.s. Dxwn-where a vessel was sold to one
who had part o. the purchase money. and received
the rest from the defendant 70 vhom the bill Of sale
executed his security and by agreement the who
contracted to buy to go into immediate possession
and continue in possession uness he should fail to pay
the amount payable to the defendant when should fall
due the one thus contracting TO buy and not the one who
held the bill of sale s liable for repairs furoshed to the
vessel Report affixed, with costs.
Huron iron Ct1npos'y Us. the NeD Fork and Eric Roll
road Company Tho referees have erroneously alo
the plaintiff the profits go per ton iron, which the
defendants were ready - receive hut which the plaintiff
failed 10 deliver and have deducted from the plaintiffs
claim the difference between consolidated stock
two shares OF oox vt instead of the difference be-
tween the value Of hall share 81 consolidated one
share Of old stock At par Report set aside new referees
UDomcs rs. Frgh-1he plaintiff did not strictly comply
With his contract he did not crest the buildings in all
the referees have allowed the defendant deduction
Of 81 goo from tho contract price. That deduction
should he credited 70 the defendant Of the date Of the
mortgage 10 be given by him Each party should pay
bali the referees fees and each his own costs except on
eappeal and the defendant have the costs appeal
PedTsaH W. FoseY The cont ract shows that the pro-
curing of the renewal OF the lease was not condition
precedent 70 the obligation OF ho defendant to give the
mortgage. The code, i76 md 459, applies to all old
Gent without specifying time and place. Judgment for
the plaintiff demurrer with leave 10 the defendant
answer on payment Of costs
containing statement ~ account although not signed
by him rina Jdce evidence Of facts contained In It,
although It may not form 80 account stated Report Of
Kanleyw. Patterson the defendant. q police officer,
had right 70 detain property in his possession
which the plaintiff claims although the plaintiff In
dcted the charge Of stealing the property. Bat y
h uncertain whether the defendant the justice held
appealed FROM modified accordingly, without costs.
koGdtp FbrdAftsr IA called for trial at the
Circuit II the plaintiff notice OF dscontnuance,
the Court may, any day In the circuit pfsof
Of service Of notice Of trial by the defendant dsmiss the
complaint and grant the defendant extra allowance.
hdgts ~. Dean-The assigDor Of stock OF goods
NAMED in possession after sa This, with other facts,
made the question of fraud proper for the referee to
gars uron as matter Of fact and there 10 no reason to