The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-12-27
supreme COurt-Gcneral Term.
Before Hon. Judges Roosevelt (P. ~, r. b strosg,
Ingraham and Sutherland.

supreme Court-General Term.
Before Hon. Judges Roosevelt (P. ~, T. b Strong
Ingraham and Sutherland.
DECISIONS.
TBo. 22.-0eo. X. Roberts US. John W. Garter, Eass~sd
T,yy u.s. Geo. H. Ro6vts.0rder appealed from affirmed
on the ground Of the previous decision at General Term
but without costs.
etephen v AIplby w. Ms Mayor, d., Of Nsss Y~k
and Terrence Fa,iey.--rhc plaintiff proved himself
only TO be general taxpayer but the owner Id foo
SIX lots of ground Fifty eighth street, between Egnt
and Ninth avenues. He therefore had right 70 call
question any fraudulent unlawful assessment for to-
grading Of that street in front OF those lots The
with Farley by Taylor bears IT'S face the marks OF H.
gality. No man could bona JGts bind himself 10 do III
rock avation for nothing The BID the aggregatc
instead o. being the lowest. as required BY law was II,
dollars, which there great DANGER the proceeding
be not promptly arrested, viii be assessed Tor large
portion Of ~ on the plaintiff He Is therefore entitled
and the decree appealed from should
be affirmed.
rorsThe constitution OF lS47 provided for the lorna
ton OF corporations under general aud 10 that
declared that all joint stock companies having any pr
kges not BY individuals or ordinary partner
chips, should be deemed corporations Tue Of iSi9
was Ia Of that provision and The Elk
press Company question was formed under that act
poraiioDs II is therefore, corporation within III,
mean ing ofthe constitution and the act And being
such bodies II ID liable " taxation capital cor
poration. Judgment Of special term affirmed, with
Same Cyrus L. Garter u.s. The SamewA creditor canno
maintain two actions against the party at the samc
time ON the same demand He must wait till he obtains
Judgment IN the one before he institutes the other
aside fraudulent disposition Of the debtors property
His proper course TO the attrcbment Ia the
suit Of that suit AS therefore, the second suit was pre-
mature, viii the first pending and undetermined
the injunction issued on il should bs dissolved but with
w 0r1a o,IoJf
yerssd.
Eli.a1eth p. BeaeA, Adminisra,is u.s. The Bay Syas
Steamboat CvmpGny-The statute giving remedy TO tn
Representatives Of deceased person whose death wa
occasoned by the negligence misconduct Of another
OF coporaton was not intended TO apply 70 the case o.
steamboat explosion beyond the boundary Of this STATE
and within the waters OF Massachusetts. Judgment foS
the plaintif reversed and complaint dismissed. Judgs
The People W. James Cassgan-No exceptions having
been taken TO the charge Of the Judge, must
that was satisfactory to both parties, and tina. 10
Eructed the jury u give other greater weight tb
testimony than II was legally entitled to, aud 10 discard
such parts any as they could not legally take into
the evidence tbe admission Of which was excepted TO,
did not njure the defendant, even not strictly
BE- 1sn n he verdict the
Joseph JOHNSON ": J.hn Ward, Gc.-In this case tn
Court say that the Defendants although agents. had the
right lake the transfer OF the in their own name
until paid for They held IL, however, for the plaintiff,
and their inability Afterwards by reason Of the Schuyler
frauds TO make transfer on the books was no fault o,
theirs, and imposed no liability upon them to pay the
money.
This Same point was recently decided by the Court Of
M Peonle nf n r,iaton Of fyJJars a Sisn, 80 sv
Menck.-The statement OF the whole number OF votes
T,ven,oh sr.sd ond ,s Az ~, III s ssoiS VIZ, VI '1
twen,o.n ware ana 9, e numbers gwen 70 each oand
read in connection with the certificate OF the
ment showed that Tenc S s sue SOU
1866, and that in declaring that VIM Menck having the
Rad hcan c,ercs m,s.ra snhss,,,n,;,n lrn1,, rso
cor s,ona,s wh;ch .s,ara, ,,h az name
cnrr.ctad 10 ,ha c,ari, d., 49,, ;S H. ,, M wSs
onthoTIu 1,vb,ch ~ cio. ru b,s NON ~ . ~ sss
stood corroctad ,he,nsa,o. a w. e .uey
cs,e thai S,nns had ,be srs.s"., nrh.r ~ oe,.
cave sna o.1ne naa 'ne NUMBER OF votes and
Ind,msn, ~. .ha n,a;naG NV 'sA, was ooi5 e'eesoo
Tsiah M Is~ rmd Mr., ., c.oro. Su.. oaor ,n.ao
~ snsc;o ,ar,r dony,nr ,ha aaranyy.nss ,"c,; IN a
rr,,hna, ao.,s Irdao c,har,.na o"on "n i0u,
Is,,;s " ,sio,s,n 40 ~ ~ 1; gt ,a. q.
Snansa ,.,b tha a,tandanco ~ H. .n,h. , W
wss addressed 10 tho Ind~e and not 70 ,h @ wa h
decision was not appeaabe. bnf "a the eriencs on n,har
sidera,ion Of Il from he irv IN whon |, haionaet NJ
trial ordered costs N and. tbe ovant '''osVA 0"
Jas Wiaos u.s. joseph ". Jacobs and Oners.-This was
bas been FL, cad 70 mt into E5va ins,n,d os p
CORY The Court saw hat was the Interest ~ ;h .,
per- and therefore the duty Of the master as his agent
that he (he mastery should sell the dan,sved 800 !,
Fay The master could not sell the cargo there ;hont
accepting il there Authority 70 se therefore, was antbo
ry 10 accent But as the shpper had the legal right
to require that the vessel should 20 for 70 Cork with
q single buehel Of the damaged corn the captain IL he
released that right bound he for both par
ties to exact allow equitable equivalentn other
words rata portion Of the stipulated freight. udg
ment for plaintiff on the whole freight reversed aud new
trial ordered unless the plaintiff consents to pro rGG
duction to be settled by the refcrce-Judge Sutherland
dssenting
Ihe reops, &c vs. Aortam7 Secor-we regard tho indict
ment a. sufficient in substance and the demurrer there
fore, was properly overruied As however, the order
overrunE merely required the defendant to plead %
the indictment snd was not nnal Judgment the writ
OF error should be dismissed as premature.
Feter y King, de-. rs Dennis Harris, dc The judg-
mens IN favor OF the Messrs Fooe and the docket upon
having been vacated p the erroneous Intervention OF the
Court and that error having been subsequently,
The correction restores to them all their original rights as
against not only the judgment DEBTOR but all other per-
sons not occupying the position Oh bona ode purchasers
quasi purchasers without notce subsequent Judgment
credors therefore, can claim no advantage Their rights
remain the same as the prior Judgment and its docket
haa never peen ais!ufoed.
Order appealed from reversed without costs, and with
directions that he surplus moneys be paid to the Messrs
Footc as holders OF the Oldest Judgment against the mort
eagor.
William H. Oegroet rs John Jay, 6c.-An independent
action against receiver cannot be instituted, without
leave OF the Court under whose order ne acts The pro
per course Is by motion or petition Already decided.
William y. hciT as. WILLIAM u. Q0H0G-The attach