New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-30

Tar Hos. JAnIs c. FoEsY1B, rHB AbscosDiSe
DrsseH-A case Of considerable interest,", nvo'vmse
question Of right 10 q large sum o. money me- Je..
Cont. Greene County circuit, sitting at CstskiiL
II Vim be remembered thst little more than tive
yesre sree Jsmee G. Fonyth, heretofore deun-
gushed citizen Of kingston le' r,tooo. no.ee 20 es
LIVERPOOL While g. the Aston Heuse, surrounded oy
lis baggage ready for HE departure be eIecued an
ssss m emf Of bis real and personal to one OF
brothfv in which his father his two brothers, DIS
f.her.ipIsv and brother n.lsw sere preferred cred
tvs This assgument wes transmitted 70 his brother,
who there ypOD 60 the Instrument RECORDED, and en-
tered irto possession of the properly.
The announcement OF bs sudden and unexpected
oeputuie awakened IL quiy smsDg bis creditors, when
= rss ,see,tained that to a number OF banks and
banking houses in this CRY and along the HUDSON
River lie had uttered the forged ENDORSEMENTS Oh hs
father and father inaw both men OF wealth ana asa
thereby obtained money 70 the amount OF neaiiy,
not quite 800, coo.
TIE Bank Of the Common wealth in this city beeom-
ing swae of these facts and being creditor TO the
an ourt Of $40 0o0 by its cashier PROCEEDED 70 hngs
ton, and Bot~ ibs.sDdiDg the assignment, wnrh, on
ia face appeared legal and regular sued on: an az
isebmspt OK snst The property a. that OF an aoscoad
ing cebtor. :
$40 Geo, proceeded By attachment, and was biloTed
by TIE Merchants Exchange Bank and by Messrs.
Duncan, Sherman 4 Co., ell creditors in Large
amounts. The Bank Of the Commonwealth having
nsreced INDICTMENT and obtained execution eIh.usted
tie ptrsor al property and obtained theretom en
amount nearly sufficient to carcel its jadgmenf.
Thereupop the assignee tued the Bank TO re;yer the
pretefty. But the Catteb Bank in order 70 perfect
lis own lien and a. oace 10 dispose Of the whsle mat
Ter fled bill against the ass nee, alleging inst the
assiepmen. was made with the intent to hnde, delay
ana dersud creditors and pray ing that might be de
clareo fraudulent and void. The question OF act was
Get down 10 be tried by jury thi, is the NAL al
laded to, at which Judge Watson presided.
The oefense objected 10 the admission of any extra
NJ ous testimony eontenoi0g that the assignment II
fraudulent must be maze 10 appear so fIom its face
The Court overruled the objection ana from the evil
dsnoe sdduced the foregoing facts were ecited and
in ADDITION thereto, it was shown that the DAY pre-
yious TO his having sailed, he obtained Of Messrs.
Beebe Brother, for certified check or one OF our
city banks s., coo in American gold; that while on
the passsge he gave in charge of the purse OF the ves
Gel bag Of such gold which was delivered 70 hun ON
bis arrival at Liverpool. II was also shown by the
Hon. Judge Parker that he had seen Forsyth IN Lv-
erpoo on the ay Of the veeses arv val there; that be
knew him well sno convened with him.
Upon this testimony the plaintiffs submitted their
case contenoipg that the fact CT his having earned of
with him pOr ION ofhs properly, while be proiessedto
assign the whole, taken in connection win tne otner
badges of fraud elected in the stinony. was con:
elusive of intention 10 hinder delay and deffaud
creditors and that therefore the Instrument was frau
dulent and void.
The defense offered testimony in support Of the e-
gsiity Of the claims OF the creditors preferred In the
Judgment, and rested their cause.
The Jury rendered their verdict in answer to the
question framed by the Court whether the assignment
Of james c. Forsyth made with intent to hinder,
del6y and deiraud creditors, that 1t was
Tie cause was ably argued by Messrs Sanford OF
Hudson and Judge iIemain of Albany for the plant.
ifs, and by MtsEs Hogsboam OF Hudson and
Thompson Of Pougbkeepse Tor the defend,nts
1--we. Post, 9th.