New-York daily tribune., 1859-05-23

70 Ss bs ga & ','. ., hs 'al ,iTe Tte PEI q The -
"heb 1eh 'siS1 eN deemed 70 b. u itself aceli
Com. SO, 40 iBi / s,cr,'s EooI,y In So, Ser, ::
AeeaSy. III hehsua e. Gerard Howard. S5 So sS[D
lae case Of Kehr a. sat Savage aal siserits Cor pssy
M.r s5a 70 Ihs SO. s Js,cg Aye Is Rars@our, sS
epsi sgi s;ei, 6 e1aac ,a'' I'D - SD o.l ih!. pr
corGa,1e, brsiowed Ala that II ~ wAcst ia
con-ei AID AnoTeds Of pTaePs oF fwh The eOasent
1.rrqas:ancr IL ihe .selcl of ae svu such sales
gran tl, sa.l ri;ies Vii bc ses 70 b the ,w n,
aAo = oosnrrtrd In sao,hrr By king enpo,ed As az,
make 'e l. inespsb, Of prchssrs such .a, BY hu.
nconsis,sr, coasais, ~ and nsc;is chater. hat atsh
properly Porh ha,ed under n cen oYi -
qu.d by ne Faea oi he sale sce0i cd IN BY thcs- shs
arr nicrs;sd IN ~ aiPos ion srd then steTs fi eSso
r pse upu ,te cesf sse fys ~. OF stof ~.
eAs.esce of acta aud'he ue nv "a NJ whe,her .srh
irsanee Of the eniu gue t,r On ,sr ground q pocy -
move al .gPaion 10 aesc Ana of danger OF imposition at
Wheeler shernon Be sisdea ra,tec teelnies:
.en,e !, is uc impol-aut 70 (rtcrnc It eroash to ssss
thai h, actin others that n ocLd with
which iEposee upn h TIE DUTY 10 svi III NE oensni dths
be Executive Committee luir ato policy psss
e'y of The ~ss Fsessed Of al ntrIson value Of to
aDa al circumstance which uEgcssd the eNredency ot tho
sale a,1 sach de,-Ied poa rrained mad.
the .ac standing 10 the relation Of lie eoni
II the oonpaan sad 70 49, 'og ; seoehtef its ss
linden rdeu cf The p,c app a,urn, q the Board Of oir
.or h =, siior as SUCH IN some Sense made him trustee
them, ne n y, hs. % h SSS 70 ssa'.s' M ~
to be he, cited OF nad a. Of the and Sr ss ,6,a ies
woh impaired The yge " the ck IN tLe propoisa.
The Dec;o could Eo; ior the ASHAMED I TO tse~
selves il equally oeIan hs oIs o. their number sese<
psny, could noi make such coutfact TO by, ~.
Barrrl on Assignments ~ "a
Mci.e vs.. Royal i! vesey il 81.
IL has been urged With much ability That adgdicssd
b. rduesd decide the ooUct of sale absolutely void
that i valid 10 communicate legal title TO sherman Deems
eireu a. viii .y the equi.sbc ite.stion q this
Court in tteii favor that the nlcs Of equity applicable to
operate against Dear he does not occupy thst psion
10 n ,9s Is1s | sIsS@ @ s "IS a ~, & o. the Ss s,,
sctor Of The tumsnd Coal aud lion Company. ibsn "a
Company But Dean Z. in that pteieaeui, his rsls
eanao b. imPa.red om that crcumstauce.
motives leading hin contract Sc SiA look to scss
which have had influence uPon my nird.
Th' toihas II te case to show that me ',saspos@u &C.
tract vs ever made known to any Per'on to e.{-aiess "a,
aey aeSsd ode s Is Ts Le esrsrt or deed does os n E
Rqudse release the liability Of the Cumberland Coal aed Irea
Sss TSi & g az ' Eod ds' i D yaI at d
rslEn Isyabe 'emanilal O. The i'' day Ct JAY ana
That appear, b. the deed Sh,nsa Dean, tia, :hey
med sud undertook 90 The principal aud intee', on shs
conhues Tha afcnaId The Hoffman st am Coal ComPsny
ps% tbe prps and sq., Of the bond. io &C.
IL viii be- also thai the complaint r the tlloe had
No other secuy hsI the unde skg of Sherman Dcsssud
"1he Toaa Company a, u.enbuc6 thOse deeds. Ths,
the partir paid the Interest g' I'll the 1864 tn cmPsnant
could conpua of ,ioiou Of the contract, Ths ia th-
mesnaimc by The rrauspW alton contract the eopanant N
bound furnish and iranpo aleoa M sherman Dssa.
wihout rehcn a. 70 qusnt ane Ia the eNeh OF taiins~
refusal Of hc complainant 10 comply with tue agreement. -
origi ally made heavy sums as Iqdaied damage were TO es
By the testimony Dean appss be young man. about 81
OF ~ ygat m o. sst sj ~ y b ,,h Ia,
mer sufficient pay Bis Ordinary expenses and 10 evidence
Can IL be esteemed a contract made ia good faith by h
NJ ER @ af IL q al D % @ 1 . ,dd the & Ri Ss s
an ar ,,.as hSa & & % saSwsSss s hs o.
used that have DOUBT
much comply with biz pat Of the agreement thsa
he seemed % be possessed Of HE tet want q means tosi
of ability pay Hd IN the language Of Judge Davies
Of New York. the dinss with which he euis red nto hsb
ties such an Gu amount gives ocenance 20 tee agasioa
that he was smsn o Ai,e or no Peounay responsbt,'
Company they could have bees induced deed
ths irresponsible granee this only becconced with TN
the Instrument the TIL, others lie as, o,ah
not have been willing to vest the snnt be Wa, 70 pay fhs
suppose could hsye invested IN careless
eoptended done by him in this case Would he have
msined clerk, salary tdAn sufficient for hi. sup
poI, instead 81 ui il IN trade other business with
hopes Oi profit 49, moro certain than the uncertain trade Ia
coal,
judging him by those me. which govern human conduct, no
would has pr hae nal and boua hde his part
torUusbly examined thu condition; value, location snd
every cir, rejecting the and aud IL. title bfprp
p would have embarked h' 'ne otufs az such sn enter
prise But the testimony proves nothing Of tins Kind to have
Did be know that Sherman his compauoa the pnroas
director In the Cumberland Coal AID Iron Compuy
And in the absence Of al other cu lanees with which Ueas
ensro'd may well b, questioned whether the deed sould
be void that accoun lie have known the cnm
sances which have already stsed. Igakes the
purchase by shermans constructive fand Does the rar
cps,on Of Dean in the purchase with this knowledge ns tho
trsn.aeI jon with such iraUd
1t testified BY Mehafey, on. entire contract, sad
both as be aided IN consumnaon contract which from
the wisest policy the law las Porouuced consrqcye audu
lent and united wh one to 90 that which would bring about
conflict between b scnttsi and integrity shoad he Dot be
subject to those principles Of aw By which such trans'eos1
The fact sherman rendered hs resignation the Beard u
Director AID that such refused has been referred 10 f
the purpose of showing that he had aeed himself ia eoudaoa
A
psb bs 10 purchase such effort and ,eissI do c
change relation Il must BE- actually virtually dissolved.
beeons purchaser By diyesnr himself that character o.
ifbe the soaou the parties must be pat 50 uch at snF
kngh that they stand IL the ader tnaious VI teor
CopeeSns the to be ydbe urged that the conduct
oftbe sal u Court Of Equity.
The doctrine npon thar subject that thos acts which win bs
esteemed confirmation must b. u delbetye characsr,
BY the parry benefcay tbe property and where b,
aeauaIed with all the ate a circumstance Of tho
fhere NUT h. suppression mi suggestion aici the lsw
requiri esp'ion Of be D. 'e nd terms Of the coutfes
aid ha he acquainted vi as rights Ths, Is he must b.
mpeseh equity" levin Trusts and Trustees,
l9s Bel ss Webb Mons 2Gi l6ii Hin on Trustees and
fac, orcircumstarce in hi. case which satiss
ze.e to determine that tie oe whose interests
ot ~ ,sct a es ,s ease And he ro bsins tSt
hst tbey ald inPoeh Il IN court ot equity nPs cen
edge Nor do esteem the lapse Of time sufficient To bar tho
con ppiusnt.
I'm al the which have been rcrred muck greater
has been required exists IN this In England ia
ofbe sry c1 the period " time required which
governs Of limitations Tho modern d1ctrne l.
the time o limitation controlling The courts bot leave
each cas rest much On tbs fsc-s. ,
"As must be- diclt 10 ly down 40 general proposi,e
what nn, Of acqussenee Will b. bar this must necesss
mst,er Of elu able dcnfou, depending The f
the .snaati1 and he circuntaa,-- = 'ho - = ind
ee I'll II ON Tris,, and Trustees - smith set Ssy.
brow us ca 6}l, SOckbouse Sat Bsnsion, !" 'e"J'I
4s Bel It a. agt Webb snf Monf Onl ~ 49,. ho,,.
d L,yc fb zone % far a. b decide what time m.t
In the ~ Mas1n az elaIW