New-York daily tribune., 1858-11-17
SUPREME coURT-0,,rsn Tyx~-No


NorIcE.--Not,s OF ssue for the December Term
Dmie. m,' he aed a, the Clerk. oace setoss r-
II be distinctly stated the o, Whether
ds"sr,o, de"s're Nore Will be received ape.. IN
coup up.isnce with tins order.
In CH.ussss-Before Judgc CLrsx,
DECISION.
VIM. A. Kobbe agt. Abrshsm Altman ct al.-The
plaintiff elected e,e his II ire Judsc. hnds
u t,c' IN place defendant. The r-aaas.
BEFORE Judge IscR,R,N-Ncv Is.
Duucsn, Sherman Co sst Bate. AID Others.
IT, h'in OF l.. .. Wilson Go. having ON dePo-t
,..sume: oi Seir eject. to Bate. w.oa IN JsSs ISIS
Ihy then gave no.e 70 The p9's' Of the neu,
rAi' rotcc was served Gu tse is' July,
On the ID Of Jey he Pasta. received .no,he, no.cs from
the 2gh June ,cy had commeueed se,icu u.
wsous Co. In Which they claimed aa equitable upon al
the effects Of that rm. under special agreement made In De
tober preceding that l. q Wilson c. bat eajon.j
o~ned by them in o,ober last tts, s.r the nn,ien hsd
been served L. o. Wilson 90 bad made an .ssrmens OF all
teir poreI,y nesHs Bates WILSON and that Paige Co.
Feby uohd the plaintiffs OF those facts aud Of taer claim
L. o. Wilson 4 Co, IN favor ot Paige Co., "r sio0'
served copies the plaintiffs. with notice tha, al the des. and
b, liable - such sita hment.
The plaintiff also Sc, on, the claim Of Paige G., sssiu'
Wilson Co and aese misrc niNon made 10 them hN
which they induced in October 1851 20 grant an esien
.os to M,oa Co.. aud ,n, 10 S9n.qaeses .aersoi lasS
sPpr9pIa o. of their pOpeIy as 3 ned ey them on a Ian
Injunction had bceu granted therefor.
They also shows Paymeu, under the ss'snmeni b, them :,
them shove the claim OF Paige Co. aud ask 10 be allowed
pay the balance into Court aud that TIE dfncA I, nleat
aud settle their respective claims 10 The fund
The defendants Wilson Co BY 'h'r shd"it'. show ,hsl
he injunction granted in behalf OF Paige &C. ssenst teem had
dissolve d. the assignment psde by them frr the
benefit Of ecor' aud that the defendants had BY their
denied al the material allegations OF Paige Co in the action
1t also appears by affidavit Of the defendant Bates. tbs.
the 18th Ju a he requested the plaintiffs transfer 20 Bat.s
Wilson moneys their hands beongips L. q Wilson
Co.. 9nd,t ta sssignme' witch were on deposit ,hrT
and that such funds accordingly transferred Oh The books
T. ,rIesrs there suacn, way rh.
proceeding ought TO be sustained and consequently why the
injunction should not he continued.
,s Tee plaintiffs on the q July no, only and
% 10 pay the order of L. o. Wilson Co. upon them n
favor OF Bates Wilson, but actually carried to their croi
V o Via wilson CO. Such ifsa. to ;S the credit d WI
equscut actual payment OF the order to theta.
n BY Bate. w.o1 they weuii not be able to pro
eeednPor The odeI that they had beep d.easd BY the tn,
by them with the plaintiffs and subsequent claim ssast
Second The claim up behalf Of Paige CO. has
ysdit, against the plaintiff They held no money belong
L. on CO., they show rsh to money In the hands
Wilson Co.'S debtors until that claim !. established Sy due
ose, to claim ta he had defrs lied give notice
the debtors Of such soent that he claimed such debt IN
Of al the debts property OF the insoent II .uch
power could be- BY creditors II would be- far val
uabe them thsa Alta hmcn which they could ain aud
more efecua than an execution after the Judgment "" -
Th, csim aided BY the attachment subsequently served
August. The money had then been transferred 70 the
of Bates Wilson, aud there In the hands OF ths
plaintiff nothing which that attachment could operate SO
far Bates Wilson camed this money they entitled
irrespective NJ srd without regard 10 the Sheriff claims
In the of Paige 4 Co sgt L. q. Wilson Co. the In
IS1n SS ,S. .'.nat sag% from s p'.s w1 S sT
be- GOOD for restraining by notice what the Court
refused 10 do By Injunction.
The plsiuua, tot therefore msde out which
borues them 10 asa that h, dt.ndsnts nterpoai be-
their acceptance Of the order them, and the sur
Of the money credit Of Bates Wilson elgs o
10 th.m before sry noc. of Paige Co.'S claim
reached them aud because they show state of fas exist
ing Paige Co.'S claim, which does make out
legal claim sust hem for the placed by them a
the Bates Wilson OF moaey In their hands
prsr service of the attachment In August last By tho
Sheriff
When plaintiff IN bic complaint sets out the facts that
appears ,hs, party Is entitled 10 the debt and that thc
rgt ssens, the plaintiff that his
claim may BE- successfully resisted al law the complaint might
be d. INJURED to. iShaw agt Costsr. 8 Paif. Jts
A. the plaintiffs have deposited the moneys for the prpose or
making th. notion they may have order allow ing them "
withdraw the same II they go desire II.
The motion foi injunction denied, and the Temporary
Injunction denied, with Al0 co-ts