The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-08-26
Supreme Cuurt--specfHl Term.
IS!UNc TON AGAINST rHB PUBLIsHkRs OF PCrXLhs
MAGAZINE.


Before Kou. judge Peabody.
Ace. A-AkS H. Riee, GAS s. Kendall and WI
l0'd Rice, ~ Joshua A. Dir Arthur Edua,ds, Sen. Wn,
Cards Frederick Laso C7a:iesd John " Aller Thomas
Holman and Efcacis G. Shaso This was motion
carse Why the defendants should not be eDoed from
sgrirg any Of tho prorYty OF P1na's MdSdi;Ie
fired by the nrm OF DIX. Ed Yards %. and Miller
Holman 10 the nrm OF Miller Co. and aerw ards
fe,red b, ~ Ter Co 10 The nrm Of Miller Curus Ths
tv bropgh, for e20ro lp,u red for the purchase Of
psrer for PidN0ms bdg0;iRe The osin OF he plain
,s which the junction VA granted sets forta tn Il
Previous The 25ih day OF April 1857, Joshua A. Dix
Arthur Edwards, George William Curtis and Frederick
law Omsted copSJ BOOK eors aud publish
err in the city Of Nov York, under ha arm Of DIX, Cd
wares Ca; that Il the came time JOHN W Miller aad
ere In tho said city, under the arm OF .sier
4 Holman; that the two firms had vari,us nans-
actons ard liabilities together, aud both became enoar
ra,-ed aud for the purpose OF e1rspg bem'eve from
thc.r erpbsYras ners and with tac en OF .heir
doYs they diss Owed their firms OF the said 25th day Of
Ap 1851 and transferred all their property, ysluei at
$50 ooi and Few ccparr crshp then for mod
cepii ting OF John W M.Nsr George William Cariis and
Frederick law Omstesd and about 10 commence business
in the % I'd city under the nrm OF Mile co and mo
sad Miller Co IN cansidera Ton thereof Assumed apd
agreed IN Day all The debts 81 the too Inns or DIX, I'd.
words l. Co ara KILLER & holman; that the
erm Of Miller & Co continued in bpsines. until the
Brs, day Of Juus 1857, thtrra5ous, aud was thar
Dissolved ny agreement between he artners, and al
he property OF he firm thereupon transferred u
. rev copartnerahip nen formed. consisting Of tho
said John W. Miller Gcorse William Curtis and Fran
u.
under The trm of Miller * C.rts ana tie said filler
Curtis IN consideration hereof did, the plau.fs are IN
end and eeleys ss,aos and agree 70 pay 81 ,he debts
nan Ind Miller Co and have actually pail OF given their
DOtes for cart of sucn debs; toat hler Curtis
have failed In busness owing desls IN addition TO hose
assumed aforesaid ard havrg on lcge amount
o. pro cry INCLUDING the properly q, 'oresaa trans.
he srca.s y 1.r, serso Ia. Miller urr are shou: ma
,re eDdeasoripg 10 make, s'esnment trsns
fee OF al hc property u,ec in trust for the rent
AZ Ye aid, for hch they have not given their o
notes, that the plaintiffs creditors OF DIX IA ~srds
si4coo or theessouu PIT OF xhica ha. been oad,
ard for which thew hold The Of Miller Co To
the amour: OF 81 eco or e-esoouts, and they oe'des
bold be les OF Miller Curtis 10 the amount Of 81 900
tberesoouts.
NJ Field, on behalf Of tho Plaintiffs, arguing for tina
continuance CT the rjunoon sroni.sed The following
Fntt TIE transaction &C the 2t,h or APRIL 1857 be-
tween Dix Ed.Md. Co., Mile, Holman, The di.soising
G.m, their ediorr. and Miller L Co the lrra,
crssIsd uust by virtue CT which Miller Co. bound
to the property efiho old trns IN suoh manner ~ TO
benefit equally ell the creditors O. the cid cFmx
/ 7. Il incredible sny Of tue old creditors should
have entered into tie arrangement II had been sEed
,nni thereby cr d;or craa be to another
Equally Incredible 10 !. fra. CT the vhcult have
entered tie Il mar been imagined
Miller Co were al liberty to uso the property without
sppropang The prcces 70 ire pa; men o! The original
creditors
g. when TIE ola erns became embarrassed their gro
rery ecuitsnly tsy,t fund. fac; treated
nra oct OF the Ders tie old frns, with
parpeys aud CT coSrso no additional responsibility, and
the transfer the sets 10 the nru thus cra&sd,
really po'hng than leaving The property OF erbar
rassed dabtoTt in the hands O: selected portion OF tnem
10 b. worked OF In the sss manner for the equal 5sbea,
OF al The creditors
4 Such mus; have beer the understanding az viller &
Co. The high character and honor o. tae members OF
that h,m FORBID any other supposiion.
Second. II the arrangement, % the 3bto Of April
such 10 here supposed then tee Grm could net By
sny SCI o. thelre change the rights of the creditors
Third Toe foyU s:iop 81 the third arm 10 ao1i rOtb
sler ,be transaction or the 18Th OF April and tho Gss-r
Of hsr property 10 lhsi arm ,sud change tho rsh
Of the original creditors even had been Intended 10
have tina, effect
Fourth But Il cIesry VAS not Intended 10 have iost
ecc The third lym consisted ~ two o the members u
the O. formed the 26,h OF April Who Of course knew
ell tna. bad been before trsnsscted and agreed UPON
What they know, the!r partner Mr. sha~ Is In iadg
ment OF law presumed to have known also. Be.ijee,
there exprer. agreement 10 pay The old debts and
Of IN pso and noies given for others
Mr. Cutting Arfued n some length against the oounn
OF the Injunction conssndpg iha he debts clsnd By
he plaintiffs not due. and tina, the property which
,cush. TO be ericned that Of the new arm and
net q: me old. Decision reserved.