New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-05-05
LAW LNI,ELLIGE,NCE.
SUPREME CoURT-sAY ESPECIAL TERN.
DECISION.

DECISION.
yIsEs AND REsERvATIoNs BY BUILDING AssooITIoNs.
Second New York Building Asocstion AT. "ilsm OiAer
and others.
Mr. Caller borrowed OF the Association 81 49, and
ssye bond and mortgage conditioned 70 :, the As'ocis
ton durips continuance Ell month, and ali such fines
"a charged sgsnst bin his SHARES In the Asoca
- tbe stees Of ssoosoni provides that,
b Of default TO hs extent Of s16 The PIopi '9oaa %
sold and the Association ell costs And sIeafs inca aus
s monthly cO.s and that the surplus shopd be oep+ea 20
be for By the AsocsoD A. should be nec'sssry 10
sebsre subsequently, sccruDg monthly Dues and foes &c
seT ,T shares IN The aud each sha'e WAS
pay e. ~ per month I'D " iS IedePu0h Inc p''sa'
By the articles Of association certain nes were imposed 70
be doubsd each month In case Of nonpaSmen 20 mat me
IN this Of about Is monthly payments Of each smogot.
z5 months uesry 500 not including the monthly
ans to BE- paid The Association eism' to continue tho
cane scbt % Iona mn eNsh
In ne Union pooDs aso'n..on ~ Thea. Asso.
tsrs which that the imposition o. fines for nonayment Of
saved Association from the chHse Of usury bQt ssd
objections 10 th. presented to these see
and could have been u1dr.tood by both Psres sod I'd
the provision 70 the application Of the surplus against
The Court considers that while the Association has TO
srnose fines has sht them unress)nabe
s.s,iye The auhozns the Associations does not make
valid unreasonable bne 1t merely says they shall not bs sub
isct 70 the ebaise Of usuIy
The whole article Of the Association as 10 the imposition Of
hnes must be heid void.
TIE clause Requiring the whole surplus be le hsud 70
meet future fines and dues Of The subscription is equally
fbe spi Of the laws Of the land Creditors OF the dfendant
member the Annexation would be deprived Of their
rhts and the fund posted for benefit OF the seller
There common lac In winch special bargain
Of the bird ke and the decision must be made
here the parties restored TO where they stood before
hs hsSsn made that IT, 10 let the Association recover
Che principal filf aud Interest and o'her sums &C
fnAy paid by them for the benefit OF the nortsssed pren'
after seducng the received by them and % let the
property b. sold the balance with future Interest and
e and the surplus be brought into Court for subsequent Ia
eurnbrabees &c.
u s. CIRCUIT CoURT-xay 4-Before Judge NELSON.
Judge N. Yesterday assumed the duties OF the II Ay
Term civil down for psrhculs' day
Wood NO IN and NorcIos 10 planting
machine, for two weeks fom Tuesday
INJUNCTION As TO THRAsHiNG-MACHINE.
Cyrus w. Mccormick sst. William Seymour
Motion for Injunction in this case was brought up
the argument proceeded in Msss Dickinson Kesr and
Blstehford for plaintiff. and Mr. OF I'd for defense.
MOTION ron tNJtNCIiON.
The parties IN the case OF Josephine Bunkiey sgt.
Viii Davenport pub fishers 10 RESTRAIN latter fIon pub
hshng book prepared bJ her rela'og escape from Nun
rery &c were present. bat the motion p'poned Tho
agent Of Mics B. II sAh m,de an engagement with Messs
DE W pubbh he work aud they have csused the tit
psge be prepared and have entered the copyright She
claims that did authorize the agent In question 10 msse
the and claims hsck the mapusTPt which no.
nocesed TO, end hence the motion.