New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-08
srrPRFss COIlRT-GESEsAL TERy-Brfore = ases MiTcs
ELL RoosFvLrr aud PEABODY.
aNEATE BAsk.

lloOhtu l't'i''"'" --'N''
sUPRFsiz CouBT-GrstsAL Trsy.-BefoIe Jsase' MrTes'
ELL RoOsEvIrr and PEABODY.
1-4E EIGHTH AvESUE BASX.
E6wuri P Cowies Rs1eysT Of ~ f5'h Avenue BANK 's
Pr,srvyIr. 1.-The making and nderseInent IF the
,s sued on f,. admitted bus il said that value
PAN Of .o15 the d,fnlnt The in.iunert
psve inter dcd 10 be oon16ered 20 yar> prmso9E AG
- ,he s Nd. euy person foT any purpose whsie en-
On This statement the defense inquiry naturally arises
gr hat Ps5Po'S ~ zoe F 10 s n A " IT, ts h
,hf he defendant ss the original twelve abscrbers 70
d I'm Atne a. S. p s S in tie arc, q s.eon
flo0o He to-, with ~. eleven essCc. e. y ere ~.
Directors As II coo was RID up the S-.k
and commenced bsiess Their perchsse 81 cles q O.
p, y, -, eat t befefore sye been directly Indirectly
on credit aud the credit De paiduP
OF ,,o s ,.,,rrs ave thef Il tc fr tie ,fceucy,
fr $40 dated January 1884 PAYABLE IN moa;hs win IN
p5 ~, o. er Il shares Of stock ve filed up and signed
~. ar ut ont from the certificate bo@t. The notes
not only drered the Cashier but formally discounted on
credit Of tbskers who thertupon drew heir checks which
received as cash IN payment OF the Sec ~.
the ledger end transfer book showing may esch 81 tne
directors held sneh shaTe. Whe nh nD,s, re Gae
for nob months by the direct Board for thenseve,
nonbs' interest In three months the Bsns exploded Re
appointed and suits ~ere brought ny MN q hch
fn'e no" s,, to' bora sSe creditors Tor the receiver
o,e.ept. bctbl that by an understanding the
dectoIs ibemseyes oil this 10 forrnnoe prop
y.v .r5krg mere sharn-hat rights should be acquired
81 hank in the unless the directors should elect TO
paw their and take certificates OF the stk-and ha
the directors Themselves they have night 10 reject rataeI
IT, and with to repqdste the written engagement OF
Ca such defense either in law or morals be listened to
STs with board Of trustees h{mse being one if
there should BE- gain the stock he and his colleagues should
should have 1t will be said perhaps that such not the
agreement In words it was not 6r what would ASK wa
In
is con pone1t nrmber the nghtof election" for six enh
"a ,btn aysin Tor six months more TO take 70 the
ccE and to pay or not to pay VIVA, moneyd
with such all option would choose loss, OF refuse gain
10 illustrate tie position strongly take the Of two
gsTdsns Of the Of minor They each his
account with both as trustees to speculate IN coon with
funds Of their ward giving note for the respective amounts
ser the sse Of the alleged TO have been made
n fi but WITH Verbal that if the speculation
turned bad they were to be allowed 70 no,
Of these fshes guardians TO say that they had
"elected" TO nulliy their written obligation ,,,
Whatever may be the force Of these anogie thing
clear that there consideration for the note which the de-
I s5 ms sIs sd rs ye to report
under oath that the whole amount OF ihr o1s wa'
chance profit their shares without the sk OF loss But
Gdy paid the interest on the original mote AZ t matuty ne
OF the cashier that II wouc come back
Here then when the second note given determine
ton by that very of the defendants election TO take the
The Directors is further coutended had no right to dis
their notes in payment Of Their oscng'S' fhe
bad no reference TO the free which expressly
aud nj like the old chartered institutions required before
issuing obtaining circulation 70 protect the nvoun
peS.r.n of the state Of pubic stocks private mortgages
And the asking Of the note had been prohibited would
IL BE- legitimate satisfaction Of the law to deny recovery
aPon it, and thus inead Of TO the
The true principle on TINS subject ID th. sectoh
the ,tstue Of noneyed "corporson' which while prohib
ing creditors beyond certain amount very prop
ely ADDS the pIo;t hdt h 10 s ~ ' SOY Jads
Mt tOru laiutiN affirmed with cost.
SfrcfsL TFRm.-DTcIsioNs Before Judge ROOSEVELT.
In the matter of the petition OF George Loudon ct
q Report confirmed and sale ordered.
Mary II. Crane, by her next friend, agt. John w;
Report confirmed so far as pet Soit, snd counsel
Before Judge PEABODY.
David L. Iatourette agt. Danit W. CLARK. DO
ton TO v1cste order Of arrest denied, with costs
John K. Brown agt Warren Beman: New tna or
dered plaintiff within ten days pay costs OF ormert'A SO
and disbursements Of term, judgment, &c
COURT OF GENERAL .sEss1oNs-Jusr s.-BefOrs
Recorder SMITH
After opening the Court, this morning Cetharlne
Ru ell l6 years old who few days sSo pleaded guilty TO
Jacobs valued so broughtuP for sentence She s
pesred like tmid innocent looking girl modesty yet
ion s1d manner that resembed the criminal The Count
parked that was in P power ' t Hs 10, u yne Ir
& her to ihTInsn c th best p Hs npou her '
e a. n[ O to- impose. would send her
the Hoa-e Of Refuge where she would have chance e learn
uttered the Of tie unfortunate girl was uhdsed WITH tear
drop IN sympathy with the judcous humanity ofthe e
cordsr. no other sentt were passed to-day
The evidence in the case of Charles Robinson m
dcted for Erand larceny stealing S5 from carpet bag at
the Lsse House which commenced yesterday was then
Herman Kreizer sworn-Sad he Iye5 in April last al No
q sullivan greet that paid hin on the 18th April
lsst Sc in Perth Amboy mmeTe. Bszk money, all in
bills and be ubered seeing red figure aud blue on
sTy Sne on the @ Of Az S % pi h " Pth Aby
Bank shown to the wina; which BE- identified having
hsd in his posse,ion and wo he obtained from the soner
On crossekaInns,on by Edund BansmLl counsel for the
prisoner witness said he kept an exchange Office on the 10TH
AP lat tbs. ne dealt N RI bs ANA ga ana WI ans
and that hc hit him" seSes other occasions Tor siuaeI
Witness put name on the an he dentihel
Ms-ia Lopisa Bumfoyd sworni Krczer gave her % Of
Commercial Bank money on the l%A OF Apii mostly in wi
blue and the 10Th he gave her So the t Of money
Samuel Potter swoInsid he sss the clothing business
il Canal street that Saturday the 18th Of April defendant
paid witness So in ConmeTciaB never hsad any
thing sssinst defendants character.
by Grade had known defendant 0r 10 years I'D had
always Known him 10 possess GOOD clnraa.er
Latsrge, though he called himself he carried check
from MI Textbook 70 Nj Noxcn and received from Noxou
$500 in tine packages, two Of the packages hills.
end the other - bills al Commercial Bank money; they
paid % in Commercial mOLcy 81 the -siArge s the
servants aid III this Perth AmbJ money was IN
general q house the 1T IF April u. servants
paid OF III all Co1necsl money on sunday IT, oih OF Apt
the defendant a sick.
Thomas jackson (coored) swcrn-SAd he was be;ende
the Lssrge he Anew Robinson he flied his Place the
5h Of April be die not hn shout th house that day his
character had always been good.
Eliza Dyer, swoGn-Sad .he the prisoner In his
house on the 5th Of Ap that he lay VIII his head ted up
be was wrapped IN aktis she came there about O'Clock
snd stayed there about hour and half aud then left
him there evidently qcte SICK his character good had
heard ANYTHING AGAINST him.
Wu Wright sworn-Ssid he straw hat manufacturer:
Lsd known Tire prisoner for four years always understood him
10 lie nsn Of street integrity he hac Always found him 90
prisoner had been tenant OF the wiiifss