The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-09
Supreme CouIt-General Term.

Before Judges Roosevelt, Clerks and Davies.
The following decisions were delivered on Monday,
Nov. 8 by Judge Roosevtl in most the order
Tie CouIt in others his dissenting opinion is added:
DECISIONS.
John A. ddrc1 DC, at. Cosrelitu Ennis, 6c.MCti0r
sde by al rohuent creditor 70 sct aside executors
two judgments confessed By the deotorr. These udg
nens, covious from the aoavs, were entered oy
he attachment OF Bayen and not 10 the debts oil
Eeteritcn &c They were the suggestion Of tho debtor
~ after the ssurg OF the attachment OF Haven and before
,ho erecit given by gobertaon had expired. We ray
sreoii Because although no EXPRESS credit was given
he fair inference that the customary credit under
to4d TIE parties do not venture In thst
no ssie for cash. they certainly would have
fihcy coulc have done 10 with truth. debtor has no
lt procure executions TO be issued against himself
naer such circumstances and for such purposes. II is
mstirR ihe law an Instrument to deiraud the The
xcrors therefore, TO the extent Of c. Enniss interest
n The goodr, should be postponed to the attachment
Or i.Y ecoorc.ney.
Eh;ia Rucl1nan co,. Stacy Picnr..-An the points in
hstm deemed important have already been passed
pm by the Court OF Appeals by the General Term OF
hs Court ard the Judge NJ The trial charged jury IN
xact conformity with those decisions. losng party
horse only recover back his own portion of
he tei and that portion he recover even where the
tskeholder bss paid over, although at Tho oscrs re-
quest done In fualment OF tho wager. judgment Tor
painsf affirmed with cost
Fedoi W. Dctring ost. Fedaiek Gro.s, q al.-The
Complainant has no legal capacity 70 reprssens the os
trustee or sue in their own separate names. Their &C
qulescece otherwise, must be presumed. The trustee
hcwevsr, has right 70 his commissions and 70 an &c
for that purpose and the decree below should be
modified accordingly No costs, under the circumstances
'ose allowed to el'hsr party :. agsn,t the Other
,snee Co1yony The defendants only insured the
pa ntns their books paper, plate, &c. but gave them
written license inserted in the printed policy control,
the formal provision, and "a In elect permission 70 use
not Us n SS, PRINTING
the jury have ioundtha Ia an ordinary and necessary
material In tho printing proccss and that the genera
Glow u ss I'm q a J"
rsuraLce Company Ia IA Barb $50, and Bryant vs. Toe
Pougbksepsie Mutual Insurance Company, IN q Barb
1884, the former Of which was affirmed In the Court o.
Appeals fully established the above propositions. Judg
ment for Plaintiff.
BuslG r Pond, &C., a9aina me Hanover Fire In,p
ronce C0nTany Motion tor trial denied with costs
Judge Roosevelt dissened He observed that the vaut
Of tie articles insured appeared TO him 10 have beer
warrant the inference Of some mistake in the complex
calculations which were necessary 10 arrive NJ an ap
proxmaiely corrtc. result without going into the cues
ton 10 the weight Of evidence on other points, hs
thought The damages a. found so clearly excessive a.
deusu q new trial
kieul Anglo ooaana JoAn Oykr. ShoiC.--Tne code
sles PROV for separate bills OF cost 20 plaintiff
although HIS advcrsares sever In their deienses II de-
carcs that on recovery there shall be allowed 70 the
pantin for "all proceedings before trial, cer.air
specified sums, AID for the trial OF the "lmucs'
certain other specified sums No mention il made d
an allow against each defendant When allowed The
costs allowed 10 the plaintiff, aud the amounts dxed
wteib,r there be one Issue or many that 70 say, fo
ali 'the OF fact sum and for all the ssuei
of law when tried separaiey another sum- and wher
te issues Of fact and law are tried at the same tme
two thirds Of the aggregate These are provisions OK
press made Tor several issues In enc cause and they
the only provisions All others previously existing
ere saboishedv The judgment and execution shoulS
be modified, reducing the recovery as above
Ceorre o. Mictlsi osi 7As Onion Budding Ascciasion
The sale under the foreclosure should not be opene'
IL he xptx cf AZ ho dad IN
cbVe, 10 have been more vgiiant. The suggestion o
fraud or Unfair dealing on the part ofthe no
o ss..s as .oS Whiting
T7fnos ~ Cornell de- Etcles Gllcnder.-The preieren
usl assignment made After he passage Of We Bsnkrup
operation, end VAh view 10 anticipate lie provisions
fraud upon the law and, IS such, BY the express
PROVISIONS OF the statute TO that effect deprived u,
osb,or Of all right under TO discharge from his debn
Tho outluding section Of the declaring was
40 into operation on The Ia, day OF February, 1854 81
though in general terms must be construed In the
manner " u contained the words, "oxceps hever
Otherwise expressly provided Non suit set aside
rev trial oroersd. Costs 70 abide the event
Before Judges Roosevelt Cierke and Davies
SeThsn Weeks dgt John N. LocaTe.-where QUE OF tn
two partners having ded UP check his private banl
scooun', and being suddenly called of, throws into thu
setk OF their counting room, from which the other part
uer secretly abstracu ard draws out the money on
Vie tsns sppy1,s 10 hs own use and cenyias A.
pattner, 10 conversation with a third person, falsely
charges such an act upon his partner, whether in al
rect words BY nsinuaton, the Islander amounts 70
charge Of felony and actor per &C. without shown
srscia damage. There error, therefore 10 tn
ruling Of the Judge at the Crcu although the yer
dict flor o. 00t may seem, under all the
rather heavy, the Court especially alter four trials hav
been already bad, do not feel warranted In disturbing
/ Jude ment for plaintiff.
| LLa IT. Ditsys, dc, against Thomas j. Tycnsead -
agency purchase stock for another required
law 10 be In writing. And although the contract Of pul
/ chase when made must be evidenced by some write
cote memorandum, the pane Of he principal need n,
be me ntoned in H. nor neeft be signed by the agent
agent; sufficient 70 show that in signing be acted
ssenl and that no had the requisite power 70 bind
4 min paI An omission N the principal In sue
cases renders the agent liable principal but doc
NOT exempt the actual principal when Uncovered No
suit t aside and new trial ordered Costs 10 abide u
event