New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-02-06
LAW INTELLIGENCE

LAW INTELLIGENCE.
SUPREME COrRT-GstS,L TssN-Frs. before
Judge. RoosEVELr, DAVIES aud PtAsoof.
DECISIONS.
The follouing Cases argued 8, the November term
were decided on W edne sd,y mon iug ~ follows;
TIE easy CHURCH.
The People. &c sgt R shannon snd others
The apuolnimeut Il Mis- Church - assistant teacher
in different school and 81 higher salary WAS not
mere irsrs'er omone school 10 auother but sn ougin
al po1pn 70 ill vacancy, and being erected oy
the cssiug vote Of her brother ~ Trustee was COO
,r,y 20 The letter spirit Of the law The School Comm
sio,r therefore Me.s Shsnuou aud las'hed
10 reu.ps counesn he warrant tor the payment Of 'aa
Oder Ct Judge Whiting rcfu.pss mandAnu' affirmed with
RECEIVING STOLEN GooDs-EyrDLNcE.
The People &c. at William RAndo
Where party is indicted tor the CRIME oi kno~lugy
,cy ,to en- goods IL competent 20 the prosecutor . give
m vicicr series other acts OF the lii" ebsrSer 500"
h eHfey Of the accused and TO Feoa Any pre-
/. not competent the prisoner to introduce the aesa
tons OF the pcr.ols irou whom be received tne sl
such would lead 10 the fraudulent nsnuiao,are o
evidence With Ut he peodty OF perjury, .e,. ~ o.
ruled the General Sessions Aiflned Judge
pIssrSrISG opISIos or JUSTICE PEABODY.
PARODY J-Th- sccused wss GA tial on an IN
m receiving stolen goods knowing them 10 'ioen
The receipt OF the goods proved There vas no deet
evdree Of The guilty kno"1edse out 'he 'afy were
To d.prov. MS l the accused showed how he received
w .,ept IN hi. sb.ence and thu circumstances Of the re-
csip. OF it,n and offered 20 prove TIE sae@nts OF s
tor wi,hue 10 leave them; bot this evidence was ei
h. lit re- violence uld Th- evidence part
81 IN, req ss.s should have been admitted O'hrr pss
b., hen ard his v no, les. likely BE- useful NOR II les:
ns,ept by b, IN IS Of evid than the n would
probably IpI.in hsn. new trlal should be tAoted'
LIABILITIES OF rSDoRsERs OF NOTES OF HAND
John B,Ie 10 AT. Isaac Parish, nc
The bank having discounted the note became me
holder of IT, the bank such holder ha'ins used due am
t. of uro pl,ce oespsed (shough erroneoasyl
residence IN. ndorssr entitled as such g
here b.us pr'.u.e Of ntentions misrepresentation on
h- stood The .hoss Of the hank and are
t % r%sd S S Ps.SoGy Jace
DISSENTING OPINION OF JUDGE PEABODY.
PEABODY J.-Tn's action il Brought agMlst the IN
d.r Of prousory and the qDes ion !. wheh'r he "
~ @t having hren nqned Of it. MN Psy%so 4 R %.
diligence to notify Defendant but could not IeAn
Pptd. were indr..r. the sner defendant, and
WEI, tuJ notified Of ~ noo payment upon vSlch meg pAd
could IL their dl'y "a send
thin he ny slowed hem BY Ias after they received M
they wished 70 hold him lie had nsht 70 me nouce from
any part, the who would hold hn rdorser and no
on -oud have Injured to the beosht Of ohr parties
them and fi def liable 20 them but this did not inure
s 90 9 Ie he Ia. lost The bsH-f, Of the notice
he bs,- lost thereby nights q rscoure PRIOR nfors.
o'hIs equally valuable" think that he Is not liable u the
Ella, II. Fly AT. A. Thomas Smith.
expression, promise 10 pay he 10 personally ble, not
-h't. ding r nay have added 20 o.. ,.nstuTs m ToIi
Judged BY The Court OF Appeals 10 the case Of Moss A. Ls
ins.ion. Comrock Fs
WI lam ; Roger, 81 sgL John Mclean Nc
Inapartirion sut each defendant has dsiloct inter
e. nd has right under the Code to famine any other de-
udsnt respect u such Interest aud that too
Whether the party called 10 testify be De- lot married
The WIRES. comp-,u and the objection, II any, must be
ts..n to tie tieaiT Gues,i-I pr poqod'd
h. ii "a "
excluding The witness mus! Therefore be AoSsd Ard lie"
Jo.-Th T. d. Guer- Aduni.tr.tor &C. ast Ch.'lss y.
NJ s5 NJ. es.nd n 70 abide result Of th.
Bon sbii bsving ass lned all his interest c)uh not
call bis s'e sua,dsn uni could an order for that
purpose be made BY tie sgrros.tr On d. iPPheaon no
W. ~, eI.es;i.n OF an s..snmrnt E, admitted but n.
bona Pvaehsd the Surrogate has no Jurisdiction - Try
Tn. ,d.r appealed from therefore should b. modified
., ,u.uud H. accounting b-Gs surrozats, u1t the
,ppan, hal have bad opportunity 70 t~. IN. validity q
BY suit IN ibis OF some other Court a'Ths
Judge. Mitchell. RoosEvrLr and DAVIES
DEcIsIQss-
The order of nh. sveci, term Wa reyersed In psrt,
ar aimed as 70 The =" 'dne o. che ssq,nsn''
Motion fr ,s'emeLt by tbe Court Of the iscts found
Tb- Court adopted u. ldis u Judge oerfe "a0 TIED the
The Commercial Frs Insurance CO. 49, Perrin.
Jpdg next ivr pa Dtf with co- -.
ISDORsFkEST OF SOTLt.
sus. X Everett e. o. az. Hrnry 'sndr-yes
Action by MOO ses sgsiu-' drawer ~ 4 Dhl OF eI-
et4rse made C.r.sens bu; payable ia sewYors and pro-
.r,d Iorc~pf.Lc@. DsfeLse, ,s4 Il was 40. LILY n
I'D thst H. p.y.be in S-u-York the nsnt
sov~rnsc BY tho laws Of New for and that ey
Law ae9i'~Hsnt sufficient 10 Transfer eA
EGc. P,ol. o,,riled and adsmen, fr pLnas' Affirmed
rtbos.
cTorxps or DISSENT OF JUSTICE PEABODY.
Tn. ,crloI i on bill # exchange drssn IN New
Crarsda dfss.r draSr~ n Se~-Gofk ~N ni"rs-i
n. rar ada and question 10 oy ~b.t IA" "a, sum
r, If ne dof.srr.f .Ld transfer 20 D. drterniDed
,hrt -, - bv New Gr.ssdA, where u was
a.. III. validity every p-rsonJ contract must De- 'r-f
hv III. AZ Il made II this iodorssmsnt
'rssfUA 70 p 'hs - tner y PAss-1, va HY -
DID No. pa. 1ts fact that payable es~v' sre en-
.y prsD The la~s Of ihs pace Of p.ynsn, 90 %,
sppy 1h- did ~ DID %, TO pay. -hdofs- y .
tie psiBie he did Se~ransos Nnicn Claimed
feet q hat dsu the def,ndin. How aha ths
question D. i-d l. quit el,A' oai y mus DE-
iId By III -ah Tia jurisdiction II ~hch DE ~ -
PR.crrcE- PROOF OF DIssoLCrIos
Jo.-th Il Dulles, &c, "a, A-!-H saaierd ,
IL an ~ on ay-ln-' iBcyic12l ~ * can tler
~ rcd d...Iaou Of corprsfpn mast % crafy
proved hrr. -nie ts 'p"fAi'n fsi~h' pr
u.t.sou Il f. 1fdlyy business or scoft p-i not Il
c..5il Z o.. year tlz~, Il .2&jl are insshcrnL .
Jus. pr d-f-n4 ~, ~ hpci p;' lee 70 les '-i
iLs plA-nIiE ,ssasd r. q" sisi.ed
DIMasD Or DO~ER
Mar, srs~sr. q, Aodr-~ smIih he
Bv tn origiLa StxtUe Ot Dover. a. e e1lsSc 10
10 pa which be tie n u, Pts.nt ea'- u o. n1'
sscs death ib- ~dDs tai t-r -h" NJ To nlAse demand
,,s. tfa wSsz .hal demand Dover Nifsis seeHfy
yse, sfcr Sa ter Azsess<" .9d not ~ ha tssHtJ
The II an stvsre po..-s-oo. -
oTsJe y 'be .ersFL -ss.s Of L'l..s"Ha f's s'S,'S