The sun. [volume] (New York [N.Y.]) 1833-1916, 1862-03-05
LEGAL RRPORrs-TuEsDAY.



The L. y. rs. the Stephen HR'.-Ihs was
motion that oil the cargo " this prize chip, except
the Enfield Rides, rhe disposition " which was
sisted IN Tuesdays sUNl be delivered Appraise-
ment g. Gen H,yner, ~ he L. 4 Ordinance De.
partment. The motion was made In pursuance Of
the orders Of tue Secretary Of War. The motion
was granted.
Tie Opinion IN Me RISE WH Cdsc.--CA Un.
ceY Rose Executor, &c, rs Vim Rnse ant Ccrfd u
societies The wall II John Rnsc t,s viii I've remeu-
b, rcd from statements Of tls made in tic 81
lei, 500 go fir the purpo.e = uuu1ipg chs it.-
hs school. for the educ al N sni SUPP " dcsti-
tnie oys In this city, 10 case TIA, within I've years
the corporation - ~ be estal i-ked, and ~ I've
ia ,Wu A. tie Rose BAntvrsnt Association, -huu "A
organize AND rste like sum Tor such puri~-e,
rlo tvs'a,or also len f3r the Purp - y es'aHlsn-
ing s'cietv. - he known ~ Toe American
Colon Hatun Sol ~, tie one hat 81 the rtsiduo'y
estate, provide, slsn, a. in the tnrmer csse, that
such a ic'sty should hs orgautSel AMI raise the
further sum % $500 90 towards the same obieCt.
TIE ill wss contested by the next ~ kin, but
she Sur, gate admitted It TO ptobate. Tnis appeal
YES then taken The case vas aiRuel sometime
since, and the fact was stated in the SuN,
without taking furth,r Nne 90 wfits out full
opinion ia the matter, Justice Al en- hal rem Tered
At opinion suhst ,n,ialy a. follows, ~ that an ap.
pea may bc a once taken, and the case hually de-
,eruined
Therefore, a. the result of my conclusions, am
% the opiuinn that the retduory he RESTS void
that T. und benen re- a, nstitu VI o, s,sp ny
tht power of aliensti IA oftne fund FOR an indef-
mite period not depending lvss--io w.t. until
an ,ssociauon shall he organized, ami shall have
r.i ,ed the SUN " three hundred thousand dolsrs ;
t1at g. the American CocniSaunn Society, because
II IL dependent upon the COATING ency of rails ug
the three hundred thousand dollars ia the i've
years and is a part ofthe scheme by which the
power " alienation IL uniuly Suspended, aud that
FOR general charity fIr its uncertainty aud, que
ness. Judgement entered ~ this effect
The Trdnsttr orNofes By Corpordiiors--, nmJs
y. Coigd,e, &C., rs. D. B. B''ctinghdm.-.Thls 40
lion was brought ON PromisnTy note made Wy the
dshendAnt, ~ appeared and given 10 the Granite
Insurance Company, the defendant receiving the
scrip Of that Comp any for Il.
the complaint alleged that the Comp any endors-
ell and tran sterrei II n the firm Of Bsshe Co the
assignOrs OF the plaintiff Tor valuable consiierA
ton.
The answer admitted the making ofthe note and
Assignment, Lut set up as - defence that there
DO such corporation "a the Granite Insurance 1n-
plny, and thAi II had no legal existence Also, that
the scrip Of the Company was worthless, and the
nste yud, ON account ~ fraud In obtaining II. Fur
tner, that the note TRANSIT, rred " Bs-be n Co..
without the authority 81 a resolution Of the Board OF
Directors, AID that 10 was therefore void trans
action
Toe Court below found for the defendant aud the
plaintiff appealed 10 tbs General Term chiefly nn
the ound that II WAS not neces AIRY that the ard
u Directors should pSs reaospion regarding II,
70 make the transfer OF the Dctc valid. Decision
reaarved
Alfred MeqL scizure BIZ tie S6syiF-Jdns
Madden rs. James G. HHicf and others -Tnis was
an action brought NgAina the Sheriff for $4,000 Tor
the alleged Illegal seizure Of the properly Of the
plaintiff who kept hotel Al 622 and GA o.lwa
over Laura Keans's Theatre, la 1901. The Sheriff
levied upon and -'d her property ~ alleged, under
an execution against her husband, In whiun John
CRtke, Henry RIbinson and VIM. II Parsons were
the Judgment debto's, aud Who indemnih Il tile
ShetiN IN the execution. IL appsared n IN the
opening statement ui M. EdSiu JAmes,thal In 1853
the plaintiff husband made an asst umeut Of AL
hF property In trust FOR the htnht - creditors u
John Clarke and VIM II. Parsons, sud preferred
them Tor the full amount Of thoir claims. Slb.e-
qutn,y the ere ditnrs ~ Maiden hal the ai gameni
set aside fraudulent, but not hefre the Nsip nees
hI realized, ~ Sleged $1,000 out Of the sale OF
tht assigned property. Clarke, Robinson and Par.
| IONS Afterwards obtained the Judgment In question
against Madden, and sold the property o Mrs. Mud
dan, c aimed Tor which this aciion IL brought.
! The ,aae iH still on.