New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-27
Law INI'ELLIGENCE.
SUPERIOR COURT-SPFcIAL TERM-Aug S.-Brsore Juis
HOFFMAN.

MR.. JOHN THOMPSON UNDER ARREST.
The metropolitan Bank sst. John Thonpson.
Yesterday afternoon replevin suit was commenced
in the Superior Court, by the Metropolitan Bank, de.
manding the delivery Of $l2 800, or property to that
smoupt. Mr.. Thompson had yesterday morning, as
usual, redeemed the county bank notes held by the
Metropolitan Bank, by drawing his check for the
amount 500 upon another bank, whica refused 10
certify it. A return of the bile having besu Ie-
fused, the writ of replevn sued out. The Sher-
if proceeded to execute the wit, and served the
papers on Mr.. Thompson, but could not obtain the
money and made bis return accordingly. Thereupon
an order of arrest upon the claim Of delivery Of per-
sona property was granted by Judge Hoffman, at his
residence holding the defendant to bail in the Of
SIS, 600. This morning Mr.. Thompson was arrested by
Deputy Sheriff Stern, and is now in custody, not hsv-
ing obtained the required bail
The affidavits on which the order OF arrest was
granted set forth the above facts
Judge Duer granted q stay OF proceedings in the
above matter this afternoon, and an order to show
cause Why the order Of arrest should not be SET aside
and vacated, returnable tomorrow morning at 10
o'clock.
Mr.. Thompson meantime remains in the charge of
the Sheriff, but not in close custody.
THE LAW OF LANDLORD AND TENANT.
Erha1d Richter against Benz. Van RAIDER.
The defendant az owner in fee, leased the premises
Nos Is and 81 Forsyth street to the plaintiff wife.
The rent being unpaid proceedings to dipossess have
been taken before Justice. The defendan. admits
that the lease was intended TO be for the and bene
fit Of the plaintiff. There were loog accounts between
the parties and claims some admitted, some disputed.
It's question whether the defendant, after having
made the plaintiff wife his Lessee, 90 against him
and gel possession.
Hld, That the decisions Of the Superior Court war
rant an interference upon proper terms, and tina
ca4e within the rule Is here made; but that the course
Of the Court in Forcsted agt. Wilson Duer, "a,
should be followed.
The ORDER therefore, il that the injunction prohibit
ing the defendant from dispOssessng the plaintiff
continue, upon the plaintiff paying into the Lie ana
Trust Company the sum of 5000 70, assumed TO be
the balance of the rent due the 18th OF July as,
without prejudice to that question and with provision
that the rent becomes hereafter due, application
may be made for s payment, or that the Injunction
be dlseolyed.
SUPREME COJRT-SpEcI,L TERM-AuGcsr S-Be;ore
Judge PEABODY
MORE PROCEEDINGS AGAINST Mr.. THOMPSON.
Charles HOdshp and Henry Hodshp ss John Thompson
The plaintiffs are creditors of Mr.. John Thompson.
tie Wal street broker ard banker, who suspended
payment yesterday Their deposits with him amounted
to g. co., for which they bring suit. Judge PEABODY
refused to grant order Of arrest against the de-
PENDANT upon the ground ths; this accse in which
the defendant had simply failed to make good his en-
gsgeueot Jepositary and not one in which he hsd
improperly used or withheld the funds Of the depo.i-
tor while acting as his agent. He, however, SUD-
sequeptly allowed al order 10 show cause, On the
let OF September, why such order Of arrest should not
be granted. The following the papers in the case;
TBE COMPLAINT.
CITY and County Of Ner- York, sS.-Cnaries a.
Ioldship and Henry Hodshp. the plsiatitfs IN 1he
above entitled action BY John II. Author. the, auor
Dey, complain Of John Thompson. defendant toere"'
and show 10 the Court as follows, namely: .,
Thst at all the times hereinafter mentioned tne ECU
plaintiffs were, and they sill are, partners ID ousIe
| under the finn name and style OF Ho,eship q 20,
and the defendant and Is broker or bsnker do'n
business In the city and county aforesaid. tn T
divers times and on divers days, at the Ciy " - .T
York Aforesaid, the said defendant receives ION ss
plaintiffs, their broker and confidential az enI "
behalf, divers SUNS Of money, the properly Va '
plaintiffs, amounting in TIE aggregate TO tne su.
eco or thereabouts, 10 be by him. the gao uenr
ant paid to the said plaintiffs, OF thsr 0fue''
| ever 70 requested 10 do. ..l
The plaintiffs further show that though rePoe'',
the taid defendant has not paid the said stis oi
or any Part thereof but has converted tne same ~
own use and utterly refuses 10 pay the sane. s n.
These plaintiffs further show that by fsason ~ -
prtmises the defendant is Justly indebted 70 tue az
| said sun q e 90 together With their eorv aaa
Penees- j. IL. ASrHoS. p.Ant'f' s'''iney
The ussal jursi ia swora to before WE n Du'Ss-
buy CoGmis.ioxer Of Deeds, On tue ~xa Of Ausa'' "
l Charles A. Hc.cship.