The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-08
Common Plcas-Speclai Term.
Decisions by Hon. Judge Ingraham.


Aeyef s. Meyers ss. John N Trimble and Others The
defendants by their do not deny the plaintiffs
claim but set up, as counter claim, moneys due to
them leaving balance due from the defendants exceed
ing three hundred dollars To this there is no defence
pretended, and under any circumstances the plaintiff
would be entitled to receive that amount The defend.
ants have also offered to the plaintiff to take judgment
for tie same sum The plaintiff moves for an or
der directing the defendants to pay the amount admitted
10 be due IL would be necessary before such order
could be made, TO ascertain clearly that the defendant
made defence to that portion Of the claim and when
should not be required to make payment II the defend
ants have counter claim to the plaintiffs demand,
sufficient remains TO protect them In of q recovery
Any other rule would enable defendant by set ug up
counter claim for q small amount to deprive his ere
dtor for long time Of his rights to which in reality no
defence existed was said the Superior Court had de
cided otherwise in Sands c. r. but in that case
there was not distinct admission of balance being
due and the discretion Of the court properly exer
csed in refusing that motion. recently decided
was also referred to- but the has been submitted
to me- am able TO see whether it is applicable to this
motion or not II was also suggested that there was
difficulty in enforcing such order and therefore II
should be refused but such is not good one
to warrant US in refusing to make the order II the
der cannot be enforced the defendants win reap the be-
net Of the defect in the law. No difficulty, however
need be anticipated on the part of the proceeding Ises
no reason for refusing the motion The same granted
Gurdon Miller rs. The Eagle Life and Health Insurance
COmpony-The aaidarits different and contra.
dctory that IL is hard TO discover the true facts from
them, but as am able TO do So it appears that
only time given the decision Of the general term
to make bill Of exceptions and stay Of proceedings
was obtained. Such would undoubtedly have been
granted by II it had been asked for But after this
time such stay Of proceedings il had been grant
ed, would have been waived by the request Of the de
PENDANTS counsel TO the plant 10 enter up the iudg
ment, and his subsequent OF such Judgment in evil
dence in another case The plaintiff attorney then
gained the advantage Of the defendant in the motion 10
the Court OF Appeals to dismiss the appeal but
no irreguary his part and the defendants cn only
be relieved in that Court There is ground on which
the judgment here be set aside irregular In ad.
don, this motion Is radically defective In not stating
what the irregularity complained Of The twenty
fifth rule OF Supreme Court requires this The defend
ants also move for stay Of proceedings In entering up
the judgment of dismissal Of appeal in order that they
may move the Court Of Appeals 70 acae the order made
in that court There Is why this time should
not be allowed. The proceeding Is hard in that
court, taken without notice. and In this evidently
taken before the ready for the return even
al this time the return could not be made Motion for
stay OF proceedings for twenty days granted and denied
a. 10 other matters, without costs TO either party
TieioF @. audubon rs. Eli Eench.-The AFFIDAVIT on
which the defendant originally held to bail con
tanned the charge of conccang facts relating to the de-
PENDANTS insolvency and allegation Of falsely repre-
senpg that he expected money from Philadelphia The
latter representon not, however shown be false
and the only ground therefore, the fraudulent con-
cea!ment without saying how far man Is bound TO
disclose his circumstances when borrowing money, IL
appears TO me that when the system OF borrowing has
been continued for some time, both Of money aud
dorstments, and those endorsements repeatedly MADE
for the purpose OF renewing oreytendng former p.cer
about % become due AZ the time, the eIetilor has