New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-02-03
la ~ {NT,ELLIGENCE.
s. sEEMr coURr-sFsci,L TEKN-Frs a-Before Jatss



0aI..ip President, ke. .st. Pree, Prs.iieeI ~;
On tire 18th OF NAV 1877, noe ABRAHAM Y. Bel
borrowed Of h- on.bSA Bssk q -. cay ,es sun stss
beDs. and stocks .
tie further Of GO sd GsT'.,ed - eos,era -esJ
therefor Poicy lusaf.nce l6h q the sop Adess
49, e Ri. l JssS Bel or he ~ q Sps ISL Bel boos,s
y. san Bank further Of 5tso sud sAvr a. eos;ed
security therefor bond and morssse on hosse and q
second street in ih. e' thsa 'gsee; % psvYos
- secure t9e sani 81 as ooai ad E's
70 s-pts .. coAeral security or tai, loan John c.
h, ucts f,r So ana suy any the
tie the Bsrk then bsd Or mi sht Thereafter h.ve
m The "a II Mas.h lss the Bsuk took absol:s oouvey
49, 81 ,hr house ard o on rseuty stree; A. pre-
Of Coo subject the oIig'te tovEron oF .Se wash
he swortt Of o On toe day tho 6ans ,oos
ab,ote deed certain lots Geenpolnt bT -. 'a0 u
So go .nd ~hich Baus assumed % paw sod eSusa,A Ire
G,bt q Bel toth, amount s50 The Blnk Therefore
6.i.ree due iro9 Sci to ibe B,ns q sl45a ~
For Bel hi, po,e dated Naroh lsS a. sres
mouths ana peds, coAers the bond, aad stocks PstS
on The sth Of May S57 policy Of wa,.
rams ard BIZ y s,e in share Of .sP Jseoo SCI pesst
On NH Juue 1851 Ard the note Of J. C. Bel pledged 'a
Tie said Bell on The d day of March 1853 sve ,r,n:y
20 e Bank citing the sale and eonveyaDee Of sad house
,nd O and ,s, said Bans me oI@ 0 a. h. RSs Of So
c' ard st the rre Of 500 aud HEREBY slt.n
IA that n the sane coli whtn one year tom date
" AIR Ia de .. e. the same shs brus th-e sns and
there hal be any deficiency he covenants ana agrees 20 Pay
On the 9Th Of March 1885, Bell made ,ad executed ws, q
assignment Of any 'urpg, maSn VI u o3 M, az
lss IN trs the first place ioipa, any sanas WIZ n.as
be cue 10 Bank on his guaranty Of M,'h ~ S 70 as
scene aS. esoT OF s in ths order therein named
On h i;h MAY 1855 Bell VIII transferred 70 the Bark sons
addition 81 stock aud notes and o OF sac 81 Que VI
additional collateral security 70 ms note OF Mho - $40 Ss
..pa: ~ say of Ms az Is g. iSss
plaintiff recovered uismeets ssans Bel On ne ga
ton had been issued and returned nuld o'nd ana ms so'
paint ssice the conveyance to the oeA'~ Bank
ss ag r. a.i; On he part Il the plaintiff tia. re d,es
are Rot absolute but that they taken in crnnce1n we
the warranty March Then that they are held only oy vay
Of M h s.ou .huk the counsel for the plaintiff
aten The cas- Of barker vs. Thrs.her a DEMO is
20 ne quite decisive Then in this esse no CONDITION %
d can ever become sransoE aud p that
As In h, the conveyance no, by way Of security Tor toe
ss ee Tees iS sSt SwsS &c HSo
morgsse but absolute xtinsuhns 10 the extent oil sSeS
Nsher i suggested tia, the price paid BY he Bank wa
Inadequate II proof that the Bank has not heen Abe 70
eaze Whist paid for these pieces Of property and theeiss
there i DO ground that The TRANSACTION "a. nsae
with sny actual fraudulent intent sm unable 70 say mas
ier anything appearing which would authorize me ~ de-
clsre i: frsudueut in Jaw ,.--,-
assuming effect Of this Transaction was 70 ave PED
credit Tor year pay this money $1,000 and Tor tsa
pe 70 place beyond the reach Of hts ceditors
DO understand from the guaranty that the bAnt as, n
hold the property ore year before n 'od H. or sns 'e w
seem n al the claim Bank wcud have on the guaranty
dependent on their making f within ys asS i Ss,r.s
e amount realized and which they had credited Bel .
he .geed make up inch deficiency can see no ega OBJ
lection 10 Belsubecting himself to such liability 90
FROM h. proofs before me. ,hout infer that the probability
was remote his b,os called sum TO the Bang
on account thereof 49, - 4,
There can be no doubt think Of the hight Of the Bank
20 retain the securities mentioned In the note OF March
1855 payment These securities had all been pledged be-
fore the debt in part time when Bell undensoy
had full power 70 90 so.
little. mentioned In his of May u.s. 1885 for the
pose and contingent liability his guaranty
These securities subj to levy by virtue OF the exsc
ton and do understand that et that time any tn
pctye order had bee issued restraining him Ia 20 doing
the assignment Of the surplus moneys after the payment
Of what due 70 the Oriental Bank have doubt TIA; the
same Il void
Tn. Oriental Bank have power 20 scept such trust,
and the securities and moneys thus sought 10 be consigned stun
remain property the assignee aud must b. spilled 20 tho
payment, Of the plaintiffs Judgment
Judgment therefore be entered for the plaintiff de-
carns assignment be fraudulent and VOID except 90 lar
provides for the payment of the debt 70 the Oriental Ban
and appointed aud that OF tho
note the Bank March 1885, and due
them on guaranty March 1885, they transfer aud deliver
over 20 the receiver all such notes moneys and securities
defendant Bell The OF the plaintiffs and
Of the defendants the Oet tai Bank % be paid by the
celyer Of moneys which may come to his bands