New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-11-12

'he ulai, some months ago, ~ the notorious Nhpt-
Wn. Smith fer being engaged in the slave trade.
The parties were captured then way with the plum
der to The mates house in Brooklyn.
SUPERIOR coJRr-rRAL TERN-Nov. Ir.-Bcfore Judge
OAXiEY.
NlRto's MONKEYS N COURT AGAIN
Ctsrles Don. IN Ag. Mn. Niblo sud James HI Hackett
Tie plaintiff was tie proprietor OF the troupe OF
sost ~ici ,d Nib nightly in lie wintrT Of is59s The
PeseIt action principally Tor damage. incur by the breach
entered into between Donet' of
and Me. Nbo and Iscket, OF the part dated h
Sl2oo -" re tusnded fr the Of dissoyenlus &C.
B. tie sgecmcn Donei engage. to iepo,i, his animals
.sge properties &c. board the Humbod, Havre BY the
sh Of MAJ S2 eon'ised 10 NblS 70 give performs I'VE
urde The dir e'9n Of deter dan'' the period Of one
sSo ,na hiS S a2fc and 5o D'1 c'a
lie within heen days after he termination Of The c3sAse
the en.aeneni-Le to support himself his wife and animals
hey furnish him aid them with suitable apartments pro-
vision subsc ouontly commuted to $50 mouih
The defendants act previous recovery the same cause
they sege in the Court Common P,a the
sb September 1854 in bar Of This suit They also that
The psii has broken The agreement his part aud the
tI1ci being entire cannot. Therefore. recover
rely the amount OF salary dueup TO the ls OF june and
tie ref,e whose dee sion Judgment ~9s given gtmae ~
opinion that the lasted 10 I'll" T ot June and
part Of the present claim - to recover the nteyenn SIX DAY
tie 18th May which five days after the Hunibo!dts
Upon this point the Jury were Instructed that the words
wttn enabled the agreement connection with other
provisions .ufed when place of performance provided
and no performance tex place before that date the year
then oy but If this the question had been
The coms the Of dss vendus &C. all Of which &C
eFued i at all before the M Of June he Court regarded ''
proved tie trial tina, Hackett offered the plaintiff
PASSAGE in the Germans MIN tue hesn a.ys our na as ~
IL the Common Pleas The question Therefore arose whether
Istv paid and could therefore expense
yoriaicn 20 Hayrc This question wa. e.eyed Juase oit
p,re directed ind the expense special natter A for
srhsequ Npensr none were TO De allowed seated verse
,' B;d; s G P'n l r Slln 'H' N0'''' b. O"
SPTcuL TEsv-Nov. lo-Before Judge Bos~csrH
THE III NTINGToN ASSIGNMENTS.
R..lopas r. H,ls,y L. H. and C. Beden, and w H. and j.
Ieieudsut. aud Chas B. Huntinson-d Action,
n HaTbSck-is AcOnBshOp and stewart ast Inc same
Ar sgnmCut by debtor If ali bis property IN trust
pay creditors aud which en as to The tact whether
to the surpuss not void on rs lace ttrsspectSe oil
facts snd OF the actual intent with which 1t Is made.
action TO set aside fraudulent assignment eau mere
voluntary assignee of such fraudulent sssgnoG
NAV a.sisnuent of real and lsyisbe personal
property Alter execution actually returned ne my also IN
In al action by Judgment and execution creditor TO se
asde such assignment as first above named u NOT NAT
ter OF course eon the from edlng AZ al ana
10 srpont when the motion n met By tut denial OF
actual fraud and OF the material facts sesed as evidence OF ~
and II eyur,..y avowed that the whole assigned property Is
nsrfcrt TO pay the eb vhch provides and especially
vhn the uicrcy OF the property for that purpose is not
But the Court III make such view Of all the facts
It's the Court mayiItinaely decide them to DO
focIrhe by Bishop sole plaintiff Il. brought to set
sde an ass.nuo made by luntg'onon h, lOh ot ici"be
rG c % p,n. b. 81 ' lie Bda. and r5e aud &
stii them neither ststes the amount of them nor
the value biz property whether he has other creditors,
povd,sslat shaI be done with til" su Plus 1t there be-
bishop. only right /, derived from voluntary assign
nent n5dc to him BY H@nnsio OF al p, pTSPcTy %. iIe
he first guIrcut fraudulent and distribute the properly
tie second which for the equal benefit OF all the
creditors
temporary injunction restraining H,scy from dsposns
tie properly vs. granted ana pending me mon n 20 hay"
Bishop stewart the 3oh Of October, for 1000
hAtcuioI was sueu 'He saui' NY a 9 " ~ s "a a.,,''
the next G3y, and an aid' vas men ssu'd me at'
then ough BY Bishop Stewart as indignant and eXecu
U fret o aud Iir1 ,n As also made The
Object Of tie second action aside the r asment
B 1' sa%a b SS'S eo%P ri & Ssi sS %
edors to srse amount who not provided for in
with intent 20 eisul md also INSIST that il void because II
.ianmento all the debtors property win provision
only and has provision E paying any Other
reoior has ulting Of the surplus for the Of
the asssnor also hat Huntington in.olvent
nse stated eyiderce OF H. except that there were
INST The peTtr,y Stssnd a.ey wholly pay
al ujrucicn restraining Hasey from interfering with dis
posing property receiver i prayed for These and
deT.isHd the grounds Of he decision made ~
TherssoH BRYAN and James T. Brady, ior plaintiffs ;
TsSS Powers T'"'dsF and WI" Curtis S'''' '' de-
BoswoprH J-what il the nature and legal effect Of the
instrument assignment Of the 10Th October, 1915 H. in
his heir. e1ecutors ors md s.en. m aud snEu
seized possessed entitled unto either At law equity
possession, eyersion remainder 10 H. therefore, an abs1
lure srst CT Of az a., Tue p0p.f Of 10, soI
il u is language is that the assignee Hal'y " to enter
into and '5e assigned property 70 aA co1y.,
~ said zeal estate and cut Ct the proceeds pay sy
and discharge al liability ind bednes or Of any
nsme, 4t-Ie ana H., =. ~ a. s,vr ~ L.rlss IL
dem t q se Bcden Co. William MarSccA John II i
or following cay, Charles Beden and Charles Bel
"den Co are TO receive jn oneha Of illd proceeds ana
Jointly 70 receive one Of said Pfoceed' the said parties D.
No proyi,on is mad for other creditors and the assignment
doe disclose intimate Lat there are othr cf,diiGr and
.wtI !. tie Huntington Of which they have
kuovedg hch they have been abe 20 discover - nsu
dschs the liabilities intended to b. satisfied through
The a.isnne Is consrqe it, provides for apP}inE the
proceeds al the property o Huntsa 70 pay al charge
bis debts md abic 70 the BedeEs aud i4beGks ayo"'
rupofe 10 pay them half ani L.fo In other words.
much he deb o~ii to Tie on TO the otheT Assuming
oT lLe Igrp'e q tie pr sLt mgiIo Hat ~ I1 proceeds
adc without any actual en to defFard ean be 'sd 10 DO
void by Il any matters appearing On is c' for the
tst it onravbes statute Of the State any Prin
debor having property enonsh pay eli bis creditors.
Il other enough -ay the debi- owing those
20 yloH ,fr tran,irr' aye mad ne my 30 eel and ppy
psr u. and thus prefer ,ecs.
tI,frch ast Hollis'er. 2Cors. 2lL)
May h. fsIser i 20 third pcrson and apply 10
pay particular crediiorstke whole pr Psy being Insult
Gent 10 ray them
Express trusts may b. created sell lands for the benefit Of
cTetcra q T. = ~ 81. sub IL wOull b. idle
make provision for The beue. Of creditors.
bose tcLet thtTe could be- property 70 be- applied
link this statute sutOGzes TAI benefit
Il debtors creditors when ~ the property ssEnsd in
trust for iler bslet, and is sufficient 10 pay them IL there il
oheT objection to The trust tian the neIs i.
be benefited by IT, because there nothing for