The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-04

rHB PUBLISHERS OF EMERsoN's MAGAZINE AND
PUiRAMs MONTHLY FOE ArrACHhkNT-PAINT-
IN65 IN DANGER.
The Cosmopolitan Art Union, which was established IN
june 1854 under charter granted by the States of Ohio
and Pennsy was brought before Judge Sutherland
yestr relay.
The object and plan of this concern are very SINH
hr 70 those Of the defunct Art Union of this city subscrp
tioss Of three dollars required basis Of member
ship for which one Of the leading three dollar monthes
given. In addition TO this there distribution Of pic
lures, paintings statuettes &C., by lot, smong the SUD-
seribers
Is stated that during the first year Of the associa'
toms operation 4ls persons became subscribers dur
ing the year. the number increased TO "a oSS and
the third year. 27 subscribers were entered on inc
books.
For the 0rst few months Of the first year, subscribers
began 10 pour pretty fast but the advent Of the hard
times Of course affected their number and the associa
ton has been compelled postpone their annual dsrbu-
ton Of pictures until the 26h of March Of the present
year.
The following the copy Of AFFIDAVIT which was en-
tered Supreme Court Tuesday in chambers, be-
fore Judge Sutherland by the propretors Of Emersens
Magazine" and PatnAm's Monthly ? asking for an A.
tachmeut against the property Of the ASSOCIATION Inc
dOsSment was filed ON Tuesday,
SUPREME COURT.
Appleton Oaksmih and ScbG Sm1h rs TIE C1sn,o-
polan Art Association -Csty a~d County f SeI YORK
Appleton Oaksmh being duly sworn, says thai he 10 one
Of the plaintiffs in the above entitled action that they
have good Of action arising on contract against
said defe udants 70 recover the sum and Interest herein
after mentioned he advised by counsel and believes,
and that the grounds thereof folows-That the de-
psDen and said Seba smith the and propetors
OF the magazine printed and published the city Of New
York entitled and known as E~erso~'s Aa9assne
0Sd P.anam's konthiy that at various times be-
Of June, 1858, the defendants subscribed for and
agreed 70 take and receive from plaintiffs nine
hundred and five copies Of the said magazine for the
period year from the respective dates Of such sub
scrpton and which they promised and agreed TO pay
70 the plaintiffs the sum Of me dollar and hfy-sx cents
per for each copy subscribed for in advance
and at the time OF such SUBSCRIPTION that the whoie
agreed be oad by said Defendants was and
OF Hiteen hundred and thirty two dollars and
fifty cents that the plaintiffs have furnished and supplied
the said number Of copies OF said magazine TO the de-
endans up TO present time but said defendants have
NOT paid to the plaintiffs the aforesaid any part
thereof but the whole amount thereof with interest from
the Date last aforesaid is still justly due and owing from
during the year 1857 the plaintiffs sold and
delivered TO the defendants, At their request, SAFE
period the plaintiffs inserted AMI published in their
ms gaaine for the defendants at their
part either OF said has been paid but the whole
amount thereof together with the aforesaid sum OF one
thousand FIVE hundred and thirty two dollars and fotty
cents making whole sixteen hundred aod ninety two
dollars forty still remains due and owing from
the defendants to the plaintiffs And deponent further
SAYS that ad defendants about the 26th day OF De-
cember 1857 in consideration of the promise made 10
them by the plaintiffs that they would print and publish
a much larger nun Der to wit 900 copies of said maya
zine than they would otherwise have printed and pub
shed the defendants promised and agreed TO subscribe
and take and from the plaintiffs for aud during
the year 1858 900 copies of said magazine each
month during said year. and TO pay for the same in ad
That relying on said promise, he had printed and
published coo copies for the months OF January and
February of this year have paid and incurred in and
the printing and publishing them large sums or
money and above what they would otherwise have
paid or incurred that the said defendants refuse
subscribe for the said 5000 copies or 10 pay
for the 10 advance anu that dcponent and said Seba
Smith have thereby sustained loss and damage TO the
amount of 81 200. That said defendants are foreign
corporation Incorporated under the laws OF
The state Of Ohio ana of Pennsylvania and that
' APPLETON oAKsMIrH.
Sworn before this LIST day of February 1858. CHAs
@, FOWLER, Commissioner OF Deeds.
The property Of the association in this city is vaua-
be- and includes the Dusseldorf Gallery, which was
bought Of the original owner for $4,000 Some Of the
works Of Leasing Schulten, Schrimer and Huoner
are IN this collection The Greek Slave, which was bought
last summer for $1,000, is also among the prizes
The following is n catalogue of the paintings belonging
70 the association In this city
l. The Martyrdom OF John Huss-Lessng.
q Germania-Koehler.
3. Hope Chapel OF Palermo ACKNOWLEDGMENT.
4. Alpine Landscape and Architecturo-Puian.
8. The Dusseldorf Artsts-Boser.
o. The Artists Of the Dusseldorf Academy-Boscr.
=. The Cellar BAcchants- Hasenclever
9. The Jobsiade-rhe Students Departure from Home
o. The Jobsiade-Hs Examination a. the University
10. The Joesiade-Hs Return Home, q Graduate
IL Festival of song a, wartburg-Bcwcr.
IL. The Jobsiade-The Students NEUTRALITY-SUSPICIOUS.
Ia The Little Flower vendcr-BoseE
IL. othelo Relating his Adventures 70 pesdesnona-
Is Diana and her Nymphs surprised q. their Bath, by
10 Capture, by the Roundheads, of the Stronghold Of
Charles I-Camphausen.
II. The Fairies and tie Peasant Chld-saeinbruck.
Is. Tasso reading his Jerusalem DenVercd oeaore me
IAe Of Ferrara-Bcwer.
10 Nadonus-Carl Muller.
70. King Lear and Observation-Disclosures
II. The Serenade a Venetian scene-Wodick.
q. Charles H. Flying after the Raoe OF Woroes'er-
rs. Cardinal Wolscy e RECONCILIATION WIN Queon Caiha
rine--Carl Clasen
~. A Fruit Pece-Preyer.
rs The Two Knghts-Grasbof.
26 Luther throwing his Inkstapd at satan-Grasbof.
II. The Holy Babe-Andreas Muller.
20. Henry VIII. and Anne Boleyu-Ieutze
~. Escortng the Prisoners into Camp-Camphausen.
30. rime 10 Break up-Hasenclcver.
81. The Wood Stea,ers-Hubner.
r.. Flood Tide Off Ostend-hcvius.
81. Portrait-Rembrandt
~. donkey and Sheep-Osterhutt.
30. Maid Reading a r-Hidebrandt
3s fyroleaus Travelling-Canton.
81. Tyroleans at the Wel-Canton.
IS The End Of IJtigaton-Hubner
30. Iandscape-I sstane.
20. Landscape and Sheep-Scheuren.
Al. stag Jcsct by wolves-Iachenwiiz
~ lAndecapH-LcSSmE.
-. Iandscape-Helgcrs
a. Observation-Disclosures.
l5. Iandscape-Schulte3.
80. Iandsoape-Lessipg.
a. The Confidential friends-Bewer.
-. Landscape Norwegian Scenery-Gude
40. A Portrait Conscious Observation-Disclosures.
70. NEUTRALITY-SUSPICIOUS..
81. Landscape Norvegien Sccnery-Gude.
81 Landscape Norway Scenery, with Slacieys-Andr.
Achenbach.
So. The Farewell plessing-Schrader
"a. Storm on the Coast OF Sicily-Andr Achenbach.
b5 Iandscape-Iessing.
&C. storm IN Autumn, with Stag Hunt-Iange.
81 Tho Young Married Couple-Hubner.
rs Landscape Northern Scensry-Ieu.
So Falstsn Mastering his Recruits-Schrodter
60 Landscape Sunset in the Woods-And. Achenbach.
81 The Virgins Evening Song-Kohler.
ca Tho City Hall Of Client Inauguration OF q Burge-
master In the Time Of the Spaniards-Pulian.
a. The Pilots Children-Schrader.
Ca Entrance of Columbus into Barcelona after his Dis
royery Of A nerca-Pluddmann.