New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-22

The under the rGus OF me touft "opened b1 1he
Mr Iatr was examined at length Laura Keeue
Nv De ea OF Asa renchard L. j. Vucent Joseph JeHer.
sou ani Matilda Heron seyery their testimony and the
Court then adjourned
SUPREME coURT-GxsERI TERN Nov ei-Berore Jas
tees ROOSEVELT, SUTHERLAND, and lSGRaHAN
DECISIONS.
Alexander T. Stewart, &C., agt. Moses Frank
Order Of srIest ae and order Vaeans reversed with
David Banks jr., Administrator agt. Thomas G.
Surrogate will be modhed by striking out the last clause bat
relating the guardianship accounts, and in other respects
tie Surrogate separate Of the guardian
of,he administrators, ard to pas. only on The latter
ADMISSIONS TO THE BAR.
Messrs. James W. Gerard, Benjamin w. Bonney.
and Jeremiah Laroque the examiners appointed 20 APP
PeaHi, TOR sdni.op TO practice as attorneys and
gentlemen duly qualified to enter upon the duties Of the pro
Hsay O. Ashuead E..bqru Benjamin john Birt, jr, Jos
H. Bradley stephen j. b.ady George W Carpenter David
Nv a. S',i sH@I febr ii r,-asr Is,na, IvTnsn Vsn
BaTsn Frederick B. Van Week FauIn A. Wilcox James W
5i9 6oS Sp1 E9 S Gaa s. G GS
Edwin Grover John HendrcAson, William J. Kane Guido
GmI, Charlie, Mot, Henry Pennington David PomerOy.
NOTICE.
Notes of issue for the December Term lIngraham,
~ must be fled before Saturday the 2h instant shey
vii no, be received They must distinctly state On the ace ace
WIZ 'A'' H''D y P'''''' JOHN CLANCY, Clerk.
CH.xBERs-Before Justice DAVIES.
RAILROAD BONDS IN HANDS OF BONA-FIDE HOLDERS.
Finnegan ast Lee and others.
This case grew out of certain transactions connected
with the Ohio Life Insurance and Trust Company The plaintiff
lateral security for loans made but before
due the Company used the bonds, and portion of them
without The opinion Of the Justice gives ali the facts
necessary be UNDERWOOD in the
pleafiug in this case that the Injunction cannot snd An The
equities of the complaint are denied by the answer and Il il the
tanned when all the eque. of the complain. denied by the
(BIaehford sg NewYork and NewHayen Railroad
Company Abbott 2I6 affirmed az General Term, Abbott
bonds to be regarded certificates Of stock and that the
defendant Lee toos them subject to all the equities Of the
in the Court Of Appeals j. cited an authority for this
position But that only decides that certificates Of stock
does extend to bonds, such IN controversy in this
case.
Illinois, It the setied law this that secur
bona tide holder In that case Bronsod justice IN dsiiYerns
the opinion OF the Court which nearly unanimously
which win their delivery and although void in the hands
of the sppean. they win be valid securities in the hands Of
has been reured BY Of Appeal, This state at he
March Term 1889 in The Of Bank q Rome Village Of
opinion refer 70 the case Of Deaed ag State Of Illinois with
approbaon settling the rule Of law 1t must therefore, be
The same rule has been laid down in the Court Of
Appeals IN the case the ori Canal and Bankng Company
holding snsr doctrine and certainly in this State
The nioon to dissolve tSe Injunction a. to the defendant Lee
Granted with costs and the undertaking given issuing the
he such damages he has sustained by the Issuing
Of the Injunction.
DECISIONS.
Apollos r. Wetmorc agt' George Law, executor
Case, &e., settled
James NJ. Baldwin agt. Theodore Il. b. DeGroot,
Eliza Latchford agt. VIM. Falconer.-Order for the
Before Justice CLKRKE
Willard Fet ct al. agt. q. +. Heye ct ALT is inn
possible any case unless the proposed
numbered distinctly multitude Oamsndment most Of them
merely verbal and inmsa here proposed without being
des grated any way The amendments therefore sent
a. are material asd b,,tti and Which must BE- rennmbersd
This mus. b. done within ten days.
In the Petition Of Charles Wells.1t is plain that
the noyent has thin years before presenting his petition
knowing Of his insolvency made sale transfer Of h real
with view give preference FOR snecedent debts them
BY this be has within the prohibition Of section
Before Justice SUTHERLAND.
Jose VI. Phinney ct AL agt. Theodore w. Phinney
-, "a J,,nins III ,bs issues 10 COST. 20 ai,bsr nav
Before Justice lSsEAHAE.
In re- The petition of Samuel BUTLER 10 be relieved
notice for further hearing as 20 The matters stated, &c
Elizabeth d. Collard agt John Coard.-Afidavt,
service Of summons and complaint, detective.
SUPERIOR cOuRT-sPEcAL Ts1x-Sov. 2l.-Besors Jas.
tce PIERERPoxT.
DECISIONS.
Beyer AIT Schwarfz-The counsel who tried this
ppear settlement Of the Gaze before the judge
y no tried Il.
Geo. Boswell agt. the Hudson River Railroad co..
Demurrer sustained with costs; rsve defendan; amend
and order 70 De settled on notice.
COURT or COMMON PLEAs-sPEcuL TKKx--Yov. 81.
Before judge HTLrOS--DEcIsfOSs.
Prevail Narr agt. Mary Narr.-Judgment Of divorce
granted.
execution denied
ENLISTMENT cAsE-sUI GESERIs.
In the matter Of the application for The dchAEe Of William
Phelsn, colder in thu United State. Army
HILTON, J.-1his matter comes before upon
habess eopus and aked the by which
Phean holden soldier h the Army Of the United Sts
BY the comlsLdzB stationed at GoveeEs Island upon
Fr That at the time Of enlistment he was no. Of sound
mind and therefore vas Incapable Of eortractine.
St0ae i1.t he aHof snr the age OF u years and vi"
VIXEN thu ssts Of party sought to be avoided ths
.roand q mental liability the lat be estbhed By the
presumed jackson sat King Cowsn en- with the
ratification however this rule general De-
anssmen o. the mind Of s party has been proved then be-
Tor tho ohe side to show sanity a the very
inc that the act Performed Jackson sgs Van Dzsen,
John, Lsl
Il appas the present case that about two years zzo Pbesa
and he nas BEEN subject 70 occss ts q
or mheci,y Of mind 10 such exen a. %
this influence Bot IN opposition the s6nzfiye proof
zen this Subject the evidence AHuy Surgeons who
ned him At the time Of his enlistment Of the recruiting OIL
oar eoneusivey estzb he perfectly that
time and that nc a condoc has exhibited indications q
z sI'1I deranserarnt or iroeeilty ofAny hin nd =,
p "a ch ~ - il eEsted that person under he .e
Of q year shcd BE- enlisted By any officer or b. heid n te
parent guardian master II any he have, art had and o-
timed see DunEp's Laws u. ., th) On December 10,