New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-10-26
DIscoyrRY-FALsE REPRESENTATIONS.

The discovery sought on this application IL too gca-
ea Apsy has general inspection OF the books pr
something be found therein which wipooy aid bun.
HOY @ ATei Ia Eiss' Rse Nc A Ros at Pond
slow 2s9l And see BIeyoort as tner siow ~ ZEE
principles on which these applications entertained r."
plaintiffs desire 70 Inspect and take copies oil all the
defendants sees for the purpose OF showing that uo'd
smith Gutnnn tnew certain Representation, made y ,asG
The defendants being assnees foI TIE beneht o cIed,ts
effect in eu''oda 9i' the defendsn'. trustees as
subject to the control Of the Court, such osins us a.
s's ~ s sS. % *
tns GsJ examine then Sysh do NOT undersand ethel,
l s.ss . .s mould enisi creditor, as.ss
~ sruesnt il not % in .s .Ss Of the s...n.s Ths
case Of the Commercial Bank Of Alb. aud papers s
Pr Rep SAD show that where the boos. i-ssii ~
T cSo,sa ,y ssopeDs ,.sos to be o
dessned Tbs case presents. think. question differing
different rule Thu charge is fraud witch /. alleged tho
books and Of the dsfend.nt .'Enors will clearly show
necessarily employed to deveope Grea stlsade mus. -
.hsd rules Of aw II the plaintiff desired statement Of TIM
Of the capital of the Im named as BY the
item As before suggested however this application no ~
psones Saa not BE- .Srosaied M some Urgent
denied with so' to abide event and With liberty 20 We
plaintiffs TO s application further other papers,
Opdyke - al. as.. Tallmadseet al.
La Putnam agt. Wise, | Hill, 30, IL il said
by Cowen, j.. IF the defendant had tsbeu tho wLess
Oitiously, the owners, though bat tenants In common
% to the OF II n . %' s.s.
brought assumps for goods sold and delivered" Again in
Cummings AIT VERGE, Ill., 49, that whore goods ortiousy
taken troy, tre.ps.. reraed
and til. BE- the general profession
have not been able however lind Adjudication u
the question In this State In Mcknight Dunlop Barb,
Justice Paige page ~ upon the authority Of several
he
taken be confined TO whore the goods have been sold 30
the yrongdoe II Is also said be msn,ansbe where ocsy
has teen torOgy recovered goods acquired by fraud u
vol Gritty Pr ll5 and ia collection Of cases in note Of
the Putnam Wis., shows conflict 81
this subject but the weight ~ authority Ia favor Of sbo
rule stated by Justice Paige Assuming this rule TO b.
have bring troys bu. whether f.cs set
forth in the complaint they entitled judgment without
application 10 ths Court. think they were not Their
plant the INVERSION props alleged % b. Of tho
sf7i S. with demand for judgment Tor that smoos
the summons being Tor monty demand contract
There cations Of sale aEt delivery Of sther sn1
that the Perty toruy taken Illegally detained
sold by the defendants which would be p-rhspS
II this Ia which the plaintiffs would have tbs rsh6
complain In that mode there allegation that the
waived other sgemeDt altering tbs legal eheot
sle which conversion % property only IL u1s
that there u yslue bu. = s n, conclusive 10
only Of damage aud must be proved
(COEyers AIT Wet H. ID. Smiths Rep, I'D The docupeN
destroyed By the Gods and the
mutt stand or BY the sg-red a. the basis of HE
appear BY them that he 10 entitled 70 Judgment TIE
depcnd upon the ceremonies presonbA
plain that they entitled 10 judgment azans. the
but contract OF implied aud In suoA
the Court for Judgment must BE- made The
plaintiffs, proc-cdnD therefore irregular and must be ~
aside with liberty amend the and the question:
& no. from csy the dsfendantS costs sbts
the event.