New-York daily tribune., 1862-04-25

suns, end be should object any further agunen
The Judge he would examine the papers In the case
very carefully and give ihe whole matter very careful COLI
Mr. BnrrI ss,ooisisa With Chapman an8 itohcock for
Thomas Hops yesiisJ argued cn the yoluunou points
SI pa o be- he M.yor &C. and u.cllev
@i.h him ard nor wh his ssgn. aud calls for the
performance OF peona srrves' oh as psr aad cirnot 20
From the osturs of the The terms Of the
enrn between tzcsy and the psnn and The ei cum
anc.s under which It nsde was svioenty ths nIe'
on Of ih. prlss ths. tr nirot shouc rssn ne p"ps
Inv ~ Haefey sad 10 be performed By him atc that the
,;nf hand not ske sny uisr-st in the contract but
sbon merely ba entrd propoiJnsse anae Oh 'ne nes
T5,t TbsSs i. no psrnsr,hp bstween the plaintiff and
Hschley in respect 10 conusct There 40 sgon ~
@ how b y. psn i had in'. re. 10 the contract as
psn,r uiDsn sat Wis-, nil 1885, siuzsy sst WH'ney
10 Jobns r. 2l5 Patterson ag Blanchard seIdsn H. ''o'
Fs d; There /, no psr,per.hp between the plaintiff and
defendants Thomas A HoIs. There Wa none oeWeen
10, plaintiff end Bscsley Ey.u II there were It does no.
follow that be and ,hs defendants would 6s psfnrI
iii "a sa capp 99os g,r,s Su Re Co.. B.aE as r.
3ls: u j, r. 1885, IS ). R, s2j Pick. 2;5)
Fph' Ege1 pstueship existed, % alleged the psn,
ga Is not entitled 70 Injunction receiver % to any o.
iho Fele demanded by the complaint hrcsuse he has not
nusnce Of the coEsrtn-rhp Equity nisI eres be-
tween pElne compel coriuSancs Of copsr,nershp by
for any ohs parpose with the yiew and object 1f
granting ossolaioni tsis,Lsi sg., ceIman Iac q W,
700; Borman ssf H1msy, Vessy Beam. 32), Loscombe
sg Russell sim, 81 knebrl sst. Wire ~. COL Is;
Story Parnsrbip. 2l9) receiver is appointed
ss &c os sit1p % Vine Sa os Sp the Ssns IeI ,fy
Pat. 22a 23lj Oliver sg Hamilton. Ans 4s3. ooS
Goodm,n ss,, Whicomb / Jac. Wsik $50, Fienn osG
Walsh. Edw. Ch. H.. 29 Gs'eison sgt Wesyer lb 20
sgL Hall Eng Law ard Eq. 1917 An iIjutc'ion is DsveT
ssuted 10 Of ihi. dssep' eAc-p wh the uma's
Of scug tho prof cry 10 ihs hsnds Of receivers sns
the pai be not ens, TO Eecsyef ne has no right to
Srh1 Ibe p,utif Is not ,piiiled to The injunction
criytr for other 1t miller alleged proved that
the defendants have done .heSred any ae The ccn1ds
jue lin (Cose Sec. 2l9j Hov-y ss, hOCfes Hog Pr
Rep 81 Nor alleged To" 'hs difndsnt' are in.olyen
the which me paniih ns) eventually prove
himself to be entitled is endangered lAe~ berry sgt Ne"
btny. How. Pr r. s2-+. Mes, act. swan 3 20 Cb; ,
dou. any IN violation oftht duties coqs,nsT or 10
mfr ,,n OF pr'iss pretended rights de has never
applied for sccoun for pay uen or made any eiam ls
,yth gws due No profits bave been sal'zea end vh le
s Mesrs Hope on, OF p"ckct 10 tie extent Of ttJ9o
yed TO when be uot on his own showing sn
,d cen'. II sp beyond douh' ihs, receive fship
ects Of tho tnteprsa AID the plain IA must nske out
es.s Of the character 20 authorize tn Interference o.
Serh Pen,ia be, no B.-rest IN tho contract sgpns,
tho defendants the alleged transfer by Hskley TO him
avail SgJtt them The agreement With the sin
f made before ;hs Hackley eont'ae. wss msdr twas
srceily and purposey withheld r. The dsisndsnts who
% ~ t i,,d az ~" me.,,, Ua,I 10 advance = a. ooj
fsh Of The contract aud hs IL e.tnpTed from Gs.e
r and les never manifested th- sshest interest
10 The sad di.cosed himself He knew, or WA
bound to know aw required sureties TO large
smount sd he must have the Hopes bad
uch he never gave notice Of hi, interest the Controller
but slowro him and the sfndas bope % deal with beck
lev 70 n b. were In party IN into and contetrd him
ei with receiving from BseAlcy hi' mon'hly stipend Of
Egl,l Tho evidence warrants IN. conclusion that the
pspa the re party inter e.ted ou' thai be 10 ;et re-
seG whrrras Wood appeared aud claimed his insret No
money pad she psnlh bot the identical money
when he rays paid 70 for in b. Or to .one6 dy tCo
plsut toll, u. 3l, in fact paid 70 Woodland The so'
.rity In cay the -si very remarkable Am
dsvit OF Thomsi bopo Besmn wood hirss stated ..
the nieest claimed by the pl'ntt der the
sn IN the complaint va. lhe 'sne W. eh be claimed
Fernando Wood the broth'T Of bsfsnin Wood made the
ssme steuen ard REPRESENTED himself the agent Of bus
St.n II Be, nin Wood b. n fact the party In interest
ensd b zoe p1na '6s9 e G . , .oETsad az oy M ,As sn
hereunder and his conSuc generally from setts np any
previous tI.1sfrr or sssisuneuL , ,.,-
Tehh The d-feu dants bope h.yrs BY becoming s1r"s
,nce of ID, contract bound iuh g. and bad right
fs@es& Ts com esH. doe. not oOp.in f.c. sufficient to
eo9a, eae., Of .coP s.d the a. F !; %, p6 siod TO
TtcefAs BIh Y,lsegt aud Benjamin Wood should be
ps ties The scou. and there !. defect Of psriie.
concas,-y that The enterprise thus far h's no, ben
~ and hat no prs, hsys I.sa W. :pd La ;s;, h'rs now
armed THE Asidays Of Dssrs sustains tie snssss Of
Fouvfse, "a There no pincple OF law equity vhich
entities he psnfif 70 ibilucoun Receiver, and tie
nnton should be denied. -
rhe following Tie Princ!PS polr' OF sr @. Clark
I fcr Amhouy q. Hope;
The ainif l. tot entitled 20 the injunction Upon the
case msde BY the compliant
H. The plaintiff rtled 10 Injunction where tbs
whole equity of the bI i. denied.
III. Assuming that ihofs 10 psrtoership between these
parties sl the pGEh s lot eutt ed Injunction aud
receiver. ~
w The process. Of Junction re.,ran and prohibit the
couiuslon Of that producs irr-pafaole injury, or
productive OF great damage snd mischief
w. The evidence is clear sbd sscory tht. tho plaintiff
interest ~ uct the Interest claimed by him belongs
Bspjsmin Wood bic bfesher tho Mayor or 10 In hsoh
/ ley
VI Bll,h Yev,non the Of half interest 10
said Their rights directly affected By the
cesdpE tho 1hct neceszry parties, snd tho
| Cour, cau not proceed until they brought 10
WI. Thou Hope IL not Interested ~Ic-p. az creditor.
and ia an unnecessary party Anthony J. Hope 1, slso
tec-ssars party. except is bis character a. Trus
VII III ely tue plaintiff Is rnted to quarter interest
IN the rsh Of ,sd and be thnks tuey have been
realized or more his only rsmedys call the Iru,tee An
houy s. Hone account aDd " there be pEohs In his
hsbds CO.. pei him pay him bis share and 10
move hiun he Desects isu'ss to perform The us.
To. Cour, .ook die papers aud reserved ia decision.
Before Judgs BALcos
DECISIONS.
John Oakham ct u. AIT. Geo. NJ. Chapman ct 81.
Demurrer the cou int ovsrred with cesis but with
leave 20 .rswer payment Of coats.
Ahed Field e a. st Juis Ann Chapman 81. GSsue d.
cisi,p A. above.
Patrick nusrsy szt John r. Reed s al DsmuUer TO the
omp,int bY d6oudsnt Besi snrf1i ed with coa but ths
Leave given 10 amsud answer. on Psyment Of