The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-11-14
Supreme Court-General Term.
Before Hon. Judges Mitchell, Roosevelt, and Clarke
t. DRCISiOER

Royal Houghton against Peter C. Adams.-Where an
exchange broker purchases bank notes of another State
at the ordinary discount of uncurrent money, and it
turns out that the bank without either party at the
time knowing the fact, had actually stopped payment
the law raises implied PROMISE and will enforce
its performance to refund the paid and taken
mon understanding, different commodity from I'M
current money. II sHN1
Smith Ely against George Cook, 6c.-An assignment
made by debtor for the equal benefit his creditors
is not void merely because provides that
in full 'the surplus shall be returned to the debtor
II the debtor, however, were, and knew himself to be-
perfectly solvent at the time and the object in
not SO much to pay his creditors to protect himself
considered "a transfer made for the Of the
making the same and therefore, against creiitors
fraudulent and void.
Rs Of wa sfas saa
ing and certain machinery by the terms Of II, to
to of the PARTIES under the idea that the assets
without such machinery, amounted to $50 ooo and
this entire mistake and that the whole assets
including the machinery fell short BY more then 5000
ingy delivered to the other party; II, under such cir
cumstances, suit at law, not under the Code is after
wards brought the original agreement for the avals
the machinery, court Of equity after trial and
Judgment in the court Of law, will issue perpetual in
junction to stay the further of such suit and
Twill make a decree to compel the party to reform the
written contract and to perform specifically the implied
parol agreement subsequently made by him to do So
The verdict and judgment in such case-hs equitable de-
fence not having been allowed in the court OF law-w
be no estoppel.
person. not the original lessee in the written lease
pies leasehod premises under verbal assignment from
the lessee of the entire interest he ia responsible for the
rent accrued during the time OF his occupancy,
that of his under tenant but IT, instead Of undertaking,
he again assigns by paro the entire to another
other and not the immediate assignor is respon
sible for the subsequent occupancy The liability, in
such results from possession and not from express
contract. t
cray, Receirer Of the Mati.ayan Company US. Ddcid
Dick The defendant having, in his answer, expressly
than the report of the referee from which he has
appealed get rid OF the effect of such ADM sion
only by clear proof, on his part of an Offset and
not by any in the proof on the part Of tue
plaintiff t. establish larger indebtedness The aims
sion is more than enough to sustain the report.
,. H. '. Westrreh vs. Jacob Frost Gc.--The sheriff
having sold property under execution which Il after
wards appeared might Not belong TO the debtor JUS
tilted in demanding bond of indemnity before he paid
over the proceeds; the judgment creditor having
with full knowledge, given the bond and taken the pr
seeds must be deemed to have directed the sale, and
estopped from saying that the Sheriff acted wrongully
making il, or that the bond void instrument
cotoe c6cii The actual price realized at bona
tide sher sale at public action, and not the estimred
value by private contract The standard To determine
whether the sheriff levied larger of property
than lis process warranted, especially If the property
in a damaged and not in n normal condition.
Robert >. Berdeu DC. IS. Richard H. johnson &c
Where pork Is sold as sour mess pork OF good ,al.,,
crior quality OF less than half the value OF the price
given, the purchaser in such case, unless he shc@
Intentional deception express warranty by the
seller has relief The maxim ccp.dt esp.or (ss
the buyer be vigilant) although sometimes unjst i
essential TO prevent litigation and perjury. Ii thers
be fraud, the law gives redress; ii the purchaser
by a warranty, protect himself.
Broner d Cram as. Peabody and othe,sJu gpisn
affirmed with costs-Mtchcll, j. dissenting. ttr To
property sold for cash. but condiionally delivered
board OF vessel for shipmen at the instance o. tn
vendee, who alone negotiated with the Of the
vessel FOR the freight may afterwards be conveyed 10
innocent party by the vcndce; although the f-cepts
given by the mate TO the vendor delivery stolen
by the vepdee the vendor having neglected TO notify the
owners of the vessel Of the theft; IN consequence
which they furnished the vendee with bills OF lading
the production OF tie receipts, thus enabling hin to
| sign the shipment to a person who ia good faith ad
| vanccd him money UPON this security ~
| Jdcobs cs Allen d Pd1sOn-A clause in assign.
ment in part for the benefit Of creditors providing that
the assgnces shall not be answerabe accountable for
acts receipts neg.c.s Or default Of any attorney
nor for any misfortune loss, or damage, which may
happen without their wlful neglect does not vitiac
tire assignment, when IL contains clause binding the
| Of the trusts
Le0erts Snediker.--On notice Of two days, 20
strike out an answer verified and setting up no new mat
tel as sham frivolous and irrelevant and Tor judg
mtnt the application cannot be granted in any shape
The PLAINTIFF remedy Is under sec 24s Of the Code IL
| tie answer Is frivolous
Buesee against The u s. Insurance Annuity and Trust
| ctmFdny-Ibe omission to pay the premium on a life
policy for ak days after it became due does not make Il
alapsed policy the insurers having received payment
the ~ emnm the last and on previous occasioss
without insisting the conditions required by til,
contract. Judgment affirmed, with costs. ssl
Wells and Webb against Gates and Others - ere
number OF persons agreed in writing to form an asss
citation company for the purpose Of estab,ishinr
scientific journal Tor the dissemna lion ~ anai'sg
each subscribing acertan amount appointing agent
to manage the concern, and authorizing them 10 com
the publication for the benefit OF the stock
when q sufficient amount of subscriptions aho,lI n,
| paid in or secured, the subscribers are all liable q
partners the managers having commenced the pnbIca
ton and continued It Tor a year. Judgment afirme'l
| with costs
Kitchen ~ Burdet-It Is not ecessary 10 aver In !
complaint that the sale is for cashths is presumed
and II the sale has been upon credit and defcnint IN
upon this in his answer admitting sals, the