New-York daily tribune., 1858-11-10
CQURT OF APPEALS.


NOTES or DECISIONS RENDERED At THE LAST TERN.
Peterson agt. The Mayor, &c. Of Hew-foIk.
The Common Council of the City of New York, hav-
ing the general power tud markets is authorized employ
to prepare psns specncaons &C. Tor heH con-
resolution adopting the plans. working drawings &C.. pre-
covered for that parpoe and drecg the erection Of
according to such plans y. the resolution being passed with
as an original en- ment By express re,oluo. s.,.
Zen 49, 3i9 that does nyadse the awarding OF
contract therefor by the Common Council to an individual for
Ga-rsoa sgt. Howe.
The stockboder of n manufacturing corporation, or
sanssd under the general ,oh 40 lS defeat
brought enforce mis- individual liability for It's debts incur
already paid on account debts Of the corporation
equal 10 the smoun: Of his stock. ~ 49,
To charge the trustees with individual liability for debt OF
the corporation by Of the failure to hs ,od publish the
aeted during default or have existed st the time o 'ose
queut default
that former deliver aud the latter receive and for
the personal property future day debt does not arise
within the anng OF the statute until the delivery OF the prop
,,ockhoder sued enforce his individual ia'
bity where and the enforcing OF all such
habtes would relieve him from the whole part Of the debt
claimed himself institute suit for such account and oT dis
John Weston agt The City Of Syracuse.
The Cosmon Council of Syracuse is authorized un-
der it's charter ch % Of 1850 contract per.
formed III the political year succeeding that in which made
the execution Of which win debt chsrgeabe upon the
The provision prohibiting the Common Council from author.
as ,n he Sa $ & as levy
p,ndnre within the year but not the authorization OF services
sD sDcs ysar ''-' '""
The obligation Of contract does within
OF the prohibitions Of the charter until money becomes
payable according TO i,s teens
The City Bauh Of Columbus ast Bruce Fox.
In the absence of prohibition by statute, corpora
may purchase stock bold aneItnsaishsd aud
Whether such purchase operates diminish the capital
question Of intention 1t have that effect atthe option
Of eorPora9n .sd This m'y be inferred from circumstances
foreign mOneyed corporation, with capital limited BY char
ter and fully paid received t. sock 10 the amount OF
slssoo P.ymshs Of debts. II .aDeqaeny resolved 70 n
ths, amount, The defendant gave his note on fo
sock He'd that the corporation intended and sale Of
was not affected by certain provisions charter relative
rgna subscriptions which would otherwise have rendered IL
''''' Bennett s,t The City o, Buffalo.
The power conferred by the charter OF Buffalo upon
the City Controller and Common Council 10 make out
rate description returned or the nonpsymcn; of
assessments nPeeciy described tai The sam. e.npot DC
docs not authorize the in such roll Of the Of
peon Of the land than the person 30 named
tau or s.esment thus be made Pes:O9s oh.se
wtLou; giving the upon whom sought 20 De n
posed The potoe Apply Tor correction secured
by pe.on. named IN OFisia, .'se..me'' rolls
stous sgt. The City OF tacs -, ,
municipal corporation OWING to the puonc me
duty Of kecpiDz "a streets safe condition or travel aor
and guards sround excavation which l, ns caused 70
h. made in the street whether has has not cons yea '
D..incion between liability urns,e .IerioI ioI an
iuiury ~sunx fom the work itself however skiuiy PEI
Al, that immediate for the negligence OF
,eryspt while executing H. The of Bake AIT Ferris Il
S.ld 49, reviewed per Coms,ocs J.
sog,hern Life Insurance and Trust Company ss Packer
Prentice.
The Act fcb l72 of 1850 "to prohibit corporations
om p,srons defense Of usury Is Retrospective IA It's
Operation applies 70 foreign eo'Poa"n' hsa'hs IN me
Cocr:s OF this State.
COURT or GENERAL sEssloNs-NoN' @-b-iore J'ese
RUSSELL.
Alois Mueller, Germ iu was tried to-day Tor keep
5i.ors Nv nous. $. No 9s West Thirty sixth street Tie
In he case were principally noHhbor who testified
ba noses aud indecent conduct characterized the p,euAe.
OH raye tbe defendant aud hi establishment good
b sn,r beirK IN consul,ation several hours The jury
wee visb,o o. agree. and were discharged 90 si...s
sr fs,I n ~. second degree. ri adsd guilty 10 o'.f n %
rh e.trse ard were -sch 'oDtcncod 20 TIE s'~s f'n '