New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-08-02

bond and mortgage berg icsolvent and its stock
worthless and also that there agreement tbx
Mr. Harris should be At liberty TO return the stock
within sixty days, ead hs NOES ana the bond and
mortgage 10 be cancelled
On the examination of the case the Judge said the
testimony failed 20 support me allegation OF fraud. and
81 ovs thai the opinion could have been honestly an
tertsinef that the s'o k worth PSF. although the
result showed iha, the Bank in fact insovent and
that rs assets will not b. Sufficient 20 realize 10 the
sot holders thing W. sta er ia regard TO is stock
The agreement between NJ. Barker aud Mr.. Harms
tina, the latter coal Use the stock, but Ia such
wa IA not 20 prevent him being able, should be 80
desire 10 turn ithst H. II could be passed 10 other
hancs but OF placed in the possession OF brokers,
&C. The sixty days would not expire til 10th Jana
AIRY. On 18th January the properly Was transferred
10 the Receiver so that the defendant could not sur
render bis stock On 10th January the offer
n.wed ~ surrender the three certificates, being said
stock which had been issued TO Mr.. H.
The Court considers the certificates 10 show that the
agreement as 70 the hands they should pass into 70
have been complied with on the part OF NJ. Harris,
and that he ia entitled TO an orer eanceing me bond
and mortgage on his sarendering said certificates OF
stock to the Clerk OF this Court Judgment Accord
insly.
Georre Slater sgt Curtis Jrdsoa ct al.
This is question in regard to priority OF the mort
cages given by Mr. j., the lessee That 10 Mr. Towns
end we undersf and In be first lien for the Whole
smount-,he sum due to Mr. Rose to be placed In the
Life and Trust Co. abide examination rs to the
validity OF the mortgage lne uuIt-uSS ~ 1AeeSsS.
Baker TO be thru lien, &c, and Mr. Slater to bepad
out of the balance, g. GOO which will be but about
one-hrd of the amount Question OF costs to Do
settled.
CLAIM on CONTRACT.
JcnsibAn R. Neal sst Azar ali Body.
The defendants the Judge sail, were shown 10 have
been contractors the New-Jersey Central Railroads
that an assignment Of sub-contract was made TO
plaintiff There was fraud on the part Of defcnd-
ant. judgment dpsmissing complaint
BOND TO BE GIVEN by GUARDIAN AID LIrEN.
Jenr inss sgt J, nniog-
On partition suit, 10 which there we're several M
fsnts application was made and an order granted for
the appointment of guardian al ten for the infants
No order was made however that the guardian should
give bond required by the provisions OF the Re-
ysed Statutes. and none executed. n sale oil the
property was made under the partition. The pur-
chaser discovered what he considered an error AMI an
application was ade by parties to Judge OF this
Court for permission to file bond RuRc pro tune IL
is coptended that the proceedings could not be thus
amended
The Court considers That the Code does not do away
with the necessity of the guardian al item flung
bond nor does il authorize the Court 10 remedy the
defect Without such bond being given there is no
ursdc,on on the part of the Court aud n the eyont
Of A sale H. Judge thinks the infants, on becoming
of age could cue on account of the iutormaity, and
recover back the property. II Is Il case where the
purchaser should not be compelled to perfect the pur
chase Order that the partition suit be discharged
The Judge stated that all the cases which have been
argued in General or Special Term, except that OF
Bishop, which is ref red, have been disposed o. The
argument in General Term OF a case ia winch Mr..
Bowie is party was postponed.