The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-09
Supreme Court.

Wirlion D. Laurence, Jr Us. b. a. SAareas-MoSow 10
set aside sale Of property in Dy street House Sutherland,
Justice-0n the question whether at the time OF the
entry Of the judgment in this there oyer 81 $50
of rent due the plaintiff and whether tho amount Of
the judgment beyond that 1t intended merely az
security for rent to become due the papers on
the part Of the plaintiff by satisfactory
The defendant Sharretts swears positively that only
81 $50 OF rent was due when the judgment given.
and that to the whole Of the judgment beyond that
sum that il was given as security merely This aega
ton Is coniiTm med by the aidavs his brother, Hanes
Van Wrinkle, and by the plaintiffs receipt, dated Nov o.
1859, and by other circumstances The plaintiff swears
that the judgment (Which Is for 81 249 94 given
rent due and arrears and security FOR rent 70
become due and his lust affidavit contains statement az
the items making up the 81 49 "a as he alleges but this
statement is by means satisfactory. According to
this II 90 for balance due note for 81 500 due
June 1858, which note Is stated in his first affidavit
given for rent The items Of the balance Of the judg
ment, 50 249 o. stated of rent unpaid
between certain subsequent days up the day
o. sansary lseo here = nothing to show
II accrued nothing show sat the same item or sum b
not stated over and over again rs rem unpaid nosnng
10 explain the mary circumstances ths. the pre-
fret day Of Sax different months and the OF $3.50 80
on tho first DAY Of two different months when the rcnt
payable BY the lease was 1926 monthly. The neus
cor family looks II might have been made up arbtra-
riy, for the mere purpose Of making statement u
figures which would foot up, including the 81 900 balance
due on the note, at the precise sum OF 1920 81 the
amount OF the judgment But whether the Judgment
IN part given Tor rent actually due, merely security
In whole In part for rent 10 become due this
now stands, s question Of little or importance
When tho first order 10 show obtained the
lief asked for stay OF execution issued the judy
ment The execution was temporarily stayed by tho
order 10 chow subsequently the motion abaa-
doned end the sale the execution took place with the
consent Of the defendant Sharretts II quite
whether Ianes hsd had not authority to give the
pulaon TO discontinue abandon the motion The
fact took place with the Of the defendant Sharrets
and according 10 his pursuance arrangemeu9
between him and the plaintiff The ground upon which
Shsnetts obtained hs second order show cause and
upon which be now asks for relief H. that he was rau-
dulently induced by the plaintiff and others acting n
concert with the piantl, TO enter into ths arrange.
ment 70 abandon the rst show cause ooa-
sent to the SALE but the allegations show the lass
alleged fraud arc very vague and unsatsfactory ana
the fraud ITSELF N any would appear, 70 consist Of
breach or apprhendsd breach the part Of the plain
DO friendly sale, should in the end be used 70 pro-
mote the advantage OF the defendant sharretts appear
TOO BY the many papers that the plaintiff has fulfilled
one at least, OF his alleged promises, upon which he OBJ
tanned the consent TO proceed with the sale as 10 dscon
tinue the suit upon the $s25 note Without advertng
TO tho plaintiffs papers In opposition 70 the motion.
which deny all the allegations and circumstances " the
alleged fraud, do not upon what ground give
the defendant, Sharretts, relief this motion In any
view Of the he s Oo ate after the salc 10 obta
any relief BY this motion, but must resort 70 acsa
either the Plaintiffs alleged promises for his -
legged fraud. The motion must be denied but, undsr
the circumstances without costs