The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-11-14
Court OF Appeals.
ALBANY, Nov. Is, 1886.
PARTNERSHIPS IN VESSELS.

PARTNERSHIPS IN VESSELS.
Geovge Dona,n ct al rs LouiS Walsh ct al-This
action brought to one half Of balance
Of certain moneys received by the defendants agents
OF the u the brig Crimea, for the freight
aud demurrage OF that vessel This court held that
when vessel IL owned by several persons In shares
thag are tenants in common rs TO the ownership
earnings Of the same; that partners the earn.
ings, all should be Joined in action recover for
ing from the onoinder OF PLANTING advantage he
taken under tho code, by Of demurrer
an answer upon the merits valves all objections that
account.
REVERSAL or SUPREME COURT DECISION IN RE-
GARD TO ALLOWANCES BY 4 BOARD or STATE
AUDITORS.
The State u Michigan NJ. the Pheni1 Bank Of the 6Iy
Of New York-rhis action brought by the plaintiff
from the defendants 1856 653 "a and interest
thereon, which had been allowed by Board Of State
Auditors the defen dant upon false fraudulent rep
reservations made said board by the agents OF the
PENDANT and which sum had been paid such
allowance This court held that award by board
state auditors, obtained on an parte hearing upon
feIcitous and groundless claim, he impeached
fraud and imposition on the part Of the claimant Also
that paid under such award be
back establishing the fraud, TO the extent that the
State has been damaged by the wrong The Judgment of
the supreme Court AT the general term was reversed
THE RIGHT OF TENANTS HOLDING OVER.
Cdp;u r. Chamberlain 81 al. u.s. Cyrus Pror-This was
types and implements adapted TO the printing of coun
try newspaper aud which had been for such pur
pose. This property held by parol lease for the
NJ year, and the defendant had been holding
for months when the return NJ the property
was demanded The defendant refused TO return The
property the ground that, by being permitted hold
the torn without notice, &c, he became tenant
from year 10 year But this court held that the rule OF
law regarding person holding over by consent after
the expiration OF his term tenant from year year
" only appli able to lenses Of real property.
INABILITY YoH THE PAYMENT or rRoMIssoRY
MOTHS.
Jocob BiU,ngtoa James Wogorer II 1L-Tbis was
action upon promisory note made by the defendant
James wagoner-the other defendants bong suresies-
and payable the plaintiff The defence thai the
action prematureIy commenced, and agreement
was established BY proof betwee the plaintiff sad the
defendant Wagner by which the payment Of the note
in suit he postponed for several months which
period had not elapsed az the time Of tbs
Of this action The plaintiff sought to avoid the force
and effect Of such agreement by showing - was usurous
and void. On which the held hrst, thas the de-
fence OF could only Be set By the party bound
by the original agreement TO pay the sum borrowed,
BY the suretes heirs devees or
OF such party and second the himself could
avoid tho force and eject Of his contract tho
plea that u was usurious and void
Thos. g. Bsdia Brsrhr dc, S,pDn Benjomi1
NJ This action brought the amount ap-
pearng to be due upon certain rfvmissory notes The
defence usury and was attempted to be sustained
by proof that the psn', deposition q DEFENDANTS
money, &c, had charged exchange In addon To lawful
interest The court held that contract N loan not
rendered by separate and distinct agreement
and understanding between tho parties chat the lend
Ii to receive the deposits Of the borowes and keep them
safely, and pay them demand, condition THAI
the discounted shall te paid in the city Of New
York, by means Of which, exchange % one.haH
OF pee cent was realized by the lender toe
srsount of paper thus discounted That whsn the rel
ton Of the party borrower rs instinct from that Of
adepcsor the two relations would not be confounded
for the purpose OF establishing the existence Of usnry
That when the facts Of the show Sufficient
for the payment of the cousted notes in Instant
city, the cost Of exchange other than for purposes
profit 10 the lender and indusemen 10 him TO make
the lsan they may be aken into consssson n dstes
mining the character of the transaction