New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-05-03

A. whseisr and ThomA, DoubledAy John Sevsoaa
Ia tbs ALREADY rs.rredto the Court hei Tor sno
purposes Of this trial 10 the principle that whsre notes - Dc
due placed ia lenders hands N security ~,
time check on loan, the lender has no rgoi 70 seu 'ns
notes bat u the loan not paid AZ t1a time a-rl up
the holder nay keep the paper security and collect a, H
becomes due and apply the moneytO the payment Of TIE
lOsu.
The check was protested the present instance and Mr.
sold the securities. amounting 20 S2fi4 ,, 20 private
sale for ss0.0 being the b-s price he alleges that
con be got IN payment Of his loan for $4,000 The SUR
back the surplus IA charge Of u,ury having
been sbsndoued Of the smount OF the notes the loan
The Jury under the decision and direction OF the Court
dered verdict has already been stated for plaintiffs for
s74 principal and interest but judgment 10 be suspend
ed with view TO tbs subject being previously heard before
full bench
Mr. p occupied house No 30 LGight 81 On the rear o
the lot space twenty feet ten inches the whole width
ofthe lot which belonged TO No 81 NestTy 81 owned by
Mr. b. and which pace had been let. addition tor
garden 10 No Lsghtt Ii alleged that while plaintiff
in possession Of this space Mr.. Burhans the owner
dspos essed him oft by removing the fence 10 its original
place and tearing up and destroying tue shruooery WITHIN
said space &c Action is brought for damages amount
laid at 600 In defence il is denied that the space had
been let for that year. Mr. Peck having refused pay the
price asked As the hrubbery the Court intimate that
persons do take up shrubbery trees before the ex
praton of their lease they considered fixtures and can
not be taken afterwards In reply IN this case was sNd
that Mr. b. stated to Mr. 2. he would let him know he
could accept his offer $50 year $50 year wanted
and not having done Mr. T. tenant At suherSnce
snd should have had 80 days notice Sealed verdict thus
forenoon.
John o. Higgins sgt Nathan Mayer sad Marx Mayer
Nathan NJ hGd partner named Lew, who aoseonded'
i said with the coparrnership funds and rendered
compromise with creditors necessary the part OF Mr..
Mayer. An agreement drawn up to be signed by
creditors agreeing take 50 per cent The firm owed
Gregory Frost $1,000 who refused 10 compromise unless
Nathan NJ first gave them 5000 in four notes endorsed by
Mark Mayer part payment after which they agreed 10
SIGN 50 per due, and endcavor 10 influences other
creditors The notes given and transferred bye r.
plaintiff. who brings suit of them IL set up
byMark NJ in defense that notes were void by reason
c fraud related other creditors. ana that the matter
has already been considered by Marine Court in which
another of the had been tried This Court considers
that the case was fully passed upon by Marine Court which
was Court competent jurisdiction and that the notes
are void from the fraud that entered into their considers
ton The case of Gardner Buckley 3D. COwsn, 1870 IS
in point Judgment for defendant Mark Mayer with
costs.
Adam w. Spies and another agt Jas Dorey.
Motion for trial denied with costs.
The People, rel Manley ast- Thos 4 Emmett
Motion lurfher retnrn. 81 o. denied. with costs.