New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-08-18
LAW INTELLIGENCE.
COURT OF CoMMON PLEAs-Beforo JaJg. BHsDL
me FXrIrss CASE,
s,ephsu 7. cllrke Va, jaime, and Krn,.u. Broot.

stephen 7. Clarke sst. james and Kra,.us Broota
Mr.. Smythe, for tho appellants, moved for
continuation Of the stay of proceedings 81" proceedings
having been stayed by Judge DAILY !o only ~ days nom
the last April term.
Mr.. CraIn-lhe sffdsrI.s state that the defendants
appointed receivers OF the assets mentioned IN the
compais, In the month 81 September lroJ that each
Of tho defendants has unawiuly paid to himself IA
cOmpar ssiion Tor Ills alleged services since the limo
efotssaid solary a. tho rate Of s2o9) year Dopo.
neat further states that The sad deitu4an's lave IN
vested ~ the property on their bands as receivers the
surn OF $40 90 part OF which should be paid 10 tho
indebtedness Of tie firm. Mr. Justice DAILY only grant
Ell stay proc ,cings for - days after the rext term
Of tie Court which APRIL amer hearing an argu.
moui aud he being tho Judge who iIel tho case and
b.iu AZ tic time At this disadgAntGge that tlo appeal
hid never been heard, anc nobody knew what the
exact points TO be raised were
since that motion made before judge DAILY, tbs
Court has heard tie lppca and they have seen ha. The
whole question os within a very smiu compass. 4
dogb, that there can be sJ uncertainty ID nc minus
ol tho cont rs 10 What ne De, sion WIZ De- iLe JUG
ment directed ~ account OF the Pditnc9sGI2, an nc
coaut Of The ns.et- an scconnt ~ the r1eofers Trans
ec,lon. and nlso entitled tho pininiii 70 SAFE We
now present qcls that were nct presenter n.ort; tna
tho recr,er II doing two NJ gal thinys; hfs, taxing
.airv and tia, no r. Investing these nnds when
there 4 a largo indehlejness due TO himself. a. 10
claims. copartner' to very larse amount ulon
which be IL charging Interest and lnt,ns out money
4, ,be honda Of the City OF Nev.fork-bonds about
which there are various opinions IN tbs community
lie case nay not be decided for year. He did not
want 10 refte the various suggestions mado' nor old
n, uiL 20 dwell on tho fac, that This was political
paver conducted By an oeIeo- VI the court Inc IA"
nroydes tia, receiver shall present an account every
o.r has here Ia receiver gho viii not haze furnished
an account IA two years. We propose % have the ac'
CONT ne receiver and the accoln OF the partnership
akea under oath. We ask your Honor 70 PERMIT Us 70
an aud have 10 objection 20 stay. rcsirctng the
ALL OF the Paper until ailcr The October terra.
Mr Smytl1-Au have to say Is that We ssG con-
tinnatiou OF he stay granted by Judge pny ihe say
,os rnnds Tor ihty days on lie supposion that The
case we then % be dcoded but ihetra IN that tern OF
,he court zen through. The Court may determine ttat
,hcre should be- new trsi aud only AJAX suspension
OF the force OF this Judgment until after The Court deter
mined tho question passed upon az 10 whethet s.ht
lud sment shall stand or fall NOW IN Ieia''on 70 .'o
OF tho receivers ia making these invest.
nrpts do not understand Mr.. Cram 10 complain OF
any,hIng eycop, the investment In cit! bopds. keia
III, ~ he accounts. Mr. Clarke has perfect right 70
%, H. aud inspect these books eyory MONTH and ne mas
1ot been abI 10 point out anything except this item Oh
s. OOO taken b. these ntn ,..,.,. =.
Jnlge Brady said that before giving hs decision he
sboud consult Judge DAILY aud that II would ID rem
dered a, a. early day ne possible