New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-26

Total. lOH, 779 w
THE STREET cohMIssIoHERsHIP.
Daniel D. CoDover sst The MsyOt &C., of New York. ct a.
The hearing upon the injunction restraining the de-
fendants from interfering with the books and papers
Of the Street Commissioners Office set down for
shis morning.
Mr. Busted moved q postponement till Saturday,
the time fixed for the hearing upon the other inunc-
fion viz that upon any proceeding punish Mr. Con-
ever for contempt to Judge Iugraham.
Mr.. Field objected to any postponement.
Judge Peabody observed that if there was to be a
poetponement he would prefer to let both matters
stand over until Tuesday next the let Of September
An adjournment to that day was accordingly ordered
both injunctons to continue in full force mean time.
An order TO show ciuse why the complaint in
The latter should not be amended by the inser
bon Of an allegation reelting Judge Roosevets liunc.
hon was also granted upon the application OF Mr..
Field. IL Is returnable tomorrow at III O'CLOCK.
THE INJUNCTION UPON MILLER CURTIS.
Alexander H. others Joshus e. Dix and others
The hearing upon the injunction granted in this
esse upon the application Of the plaintiffs hrn OF
paper manufacturers 10 Boston, on behalf OF them
selves and the other creditors came on this morning.
The Injunction il will be remembered, restrained the
Assignment BY the defendants Of the property trans
"ferred by the firms of Dix Edwards & Co., and
miller & Holman, to the firm Of Miller & Co., and
"sfterward transferred by the sad firm Of Miller &
eco. to the firm of Miller & Curtis
The plaintiffs claim, which amounts to nearly $20,.
600, is founded upon liabilities contracted by the old
firm Of Dix Edwards & Co.; but the prayer Of the
complaint is that a receiver may be appointed, and
"tbat Messrs. John w. Miller George Wm. Curtis
:" and Francis G. Shawn pay any deficiency that
whether the members of the firm Of Miller & Curtis
eau be held for the liabilities of the firm to whose
sets and business they succeeded.
Mr. Field argued the motion for continuance Of the
injunction on behalf Of the plaintiffs.
POINTS FOR PLAINTIFFS.
p III: s4P . q h a IF se @
their eteaitoT, and Miller Co the new fm created trust
BY vhtss OF which Miller Co bound the property
Of sss old firm: "a y oh manner to benefit equally all tue
Incredible that any of the old creditor. should have
thereby creditor eOad be preferred 70 snothes
cred into Tie arrangement II it had been Imagined that Miller
Co liberty to the property without spproprans
u the sS Ss Property
ECU tab, o,, fund and was in fact tre.sed Is trust Ind
mem Ss Of the old m. with no partners. and Of
faDas thus crsssd wa. really nothing than leaving
prOPe, Of embarrassed debtors in the hand. of selected por
Der eff e Of al the creditors $50
Sue must have been the understanding Of Miller Co.
The high and honor Of the members Of that firm for
opposed then the hIm could not by ally ac Of
'hs r,s he aaoa ~ s thd sm about month
.e the ,S, s me soa H u 81 Ag .0d the .n. OF
original crsao " even If it has not been intended
FOr, Bot clearly intended to have tina, effect
The third firm consisted Of two Of the members Of the Gm
Ss.p . % .e 1s upon VIA. they Knew
Their Par MI sS1% there IN .a I'd, Of law. presumed
to pay the old dss. and of them were paid and
were given for eihen
Mr.. Cutting foil, wed, reading cases sad presenting
arguments In favor OF the defendants. lie made the
following -
The complaint e does not en'ite the plsind't an
The plaintiff, are mer, creditor. At large whose demand is
no lieuO ont the finer HIM. ssst.
tsssr s9 arising from agreement
being %n sa 'ss . as and Il 70 the .OS SS
hen ISd I., with ,SS 0 s' at psS
Wien :. II he case befo, The Court Of the partners
sbandany and p1abIy AID assume .ua agree +, "a,
the creditors q Dir Edwsrdsk o. oaS S ~ 10 ga ,o
her the former partner. no; - had been .oi ssi
ssS MILE 6 x "a Bah is hsn on ID The assets of
MI, Ssst. ever il were true {, hich Is denied TIA. hs
l.er fra bsve assumed Z pay The Of the existence Of
Tas %sS sef. y ss sr@ Of Miller 0a are D spsd S
sSwa WY Ipy should Be po.. ''ed and se "
f.irs turned ovs 10 a receiver - =. q,
The case was then adjourned 10 TO- mo''V" ~ l.
O'Clock.
DECISIONS NJ,
William Rocker agt. Catherine koekei D''0'''
granted VII.
Mahlon Madison, &c., sgt, Winthrop w. I, 'dnAn'-
Chas. II. Carroll as.. VIM. Finlay.-MOiion to va
cate granted without costs
Before Judge RoosEyELr
THE LAW or WILLS
Dosss.s Fo.syb at. Johu Rhbone executor and 9th, "a
Roosevelt J.-Ihe plaintiff who Is SON Of IN
late Russell Forsyth of the City Of Albany has insti-
tinted The present i; 70 set aside the material provi
.ons Of bis fathers WI! on The ground Of their al
ed nopccnforty to the rules OF law regulating the
5xer of teststors 70 feer their estates after Their de-
Al the time his fathers win was mede-I mention
The eircunrtance as throwing some ight on its SEEM
bsJ unequal proyiSeps-he P!aintS Vas aas iSr