New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-04-01
COURT or APPEALS.
MOTIFS OF DECISIONS RENDERED AFTER THE DEckM-
BER GRIN.

GERM
Bush, Administrator &c, sgt. Lathrop.-Tbe equi-
ties existing between the .sgnor and assignee OF chose in
action negotiable seEd tho title transferred subsequent,
assignee value aud without notice. The later takes the
So AeId where mortgage transferred BY assignee
In fc Tor much smaller snm than tlst doe upon
tho mortgage and the second assignee transferred for h full
The supposed dnr,ion between n.ent equities, 80 called
and those bstwss the Original parties tae instrument
eIamir ed and r.Pudilted, per DenioyJ.
Guy Mesd-Upon tho question: st Whist time the later Of
!, evidence Sch computation Of iaseest
upon the ncte BY witness who wesI that ~hen be made IT,
date Of the compusiob independent Of the Paper
The qualification which restricted the admission II written
part the proper employ Of the wness has 'ees,
been sbohed In this State and every species OF memorandum
brandon at Avery The only limitation attached by the
Con,utiop ef 1916 70 the ugi.dcton Of be
created oy the Legislature IL cities aud villages H. That De
The Iri,don Of police justice In incorporated village,
4, ,gtl ny d.hu ed and within the iuent OF the Con
..udon By giving him shat Of justice Of the peee. Of tue town
In which such VILLAGE is situated and Iescs ia eIerce 70
defense Ike involving forfeiture e
bound ese and the fact. Ieee. 70 ea0sh H. AID
1hus where seged that fOregn contract r.seying
ntee. pei cent luxurious; held that the
forbidden by u. under which .ns
be construed The thai the flesn a~ sgees nth
own is no, INDUCED 10 such case 49,,
thai iact that on contract for the se Of
sud higher than The legal rate OF interest reserved upon
demuref remaining upon tho record admission Of
facts stated pesdag towhich nterposec oely
fol ks purpose ag4msn bat eyidsEcs she l
Of the is.us vi ch tie pleading dengree 20 relate.
IN. plaintiff replied succesivs absences Of he defendant from
h state tho defendants demurrer 70 tho reply oyeukd
uh liberty 10 him withdraw Il upon terms bat be
a without complying with those term: held inst tie reply
admitted and evidence was required Of the facts therein
stated.
Ban vs. wuccI Executrir, ke.-Ope % whom stock kas
been appon,d rsnu grng corporation olyaulsso gndSr
the g-leTs lAw (ck ~ Of 1895 10 ockbodo although
cernca;e hs been ss1d and the sPpoOuneug made for
him 70 a. szezt who s1bscrD.d 81 nis roq 1est.
soou A. corporation property valuable fran
chise members bee stockholders VroOrn % their
respective The certificate cip Is not transfer
fro c1rpOTsi0n bot merely 1ucs Of existing nt
~. .,orkfo,deg &, iaus fr tcre, pen equal 10
HIS Il from the Of sa asns hin 10 eEiofce
lii Individual fesyoLsi5uiy.
Bhsgs Receiver &C. Vand-HburghI IN the discretion
q the sup..ue Court Special Tern, require TIE
an corporation 10 give s.ruty for costs sd 10
determine tie form and extent Of sGeh ecly As order on
this subject 10 not appesisole
COURT OF SPECIAL sESsIoHs-MARcH 3o,-Befots
Jussfces NELsa. KELLY. aud OsBOEs.
Charles Butler, assault aud batter, peOitentlary
mo nhs Henry CoDgg0o3 petty larceny ely prison rCDh
Frsuk Collins petty Aceny city rrsJB 10 dsys May Creans
s,.anlt and battery psBengsy moLths Bridget CreaLae
frsd 80, Owen Gi0TGnn ssssu and bsttery hBed go
Thomas X, iy ard William White ,ssu. and battery pen
icpary each; Antoine LshsT SdeceBt purs,
hned SIS James NeQus6e petty larceny House Of ksiug-i
Nader s.ssut and battery penitenAry nonth.i Louis
OIste sssut and esery peniteasay months o. n Peter
son asssnt and battery, peniisnlJ months Asresds
Reilly .ssut and battery pensn'isy months hsnJ
schimsr petty larceny pen.ntisry nonths Ann Smith,
petty larceny Per'sntsI3 nSsh' Flea WIFE, P'sJ a'