New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-06-05
SUPREME COURT-GENERAL TBRM-June 4-Bciore
:, Justices LEONARD, CLERKE. and BARSARD.


SUPREME CoURT-GENEnAL TEmI-June 4-Bcfore
Justices LEONARD, CLERKE. and BARSARD
ASSIGNMENTS FOR BENEFIT OF CHEDIIoIkss ,,,
George Re9ton as Trustee ag 'n h corge II Renton as
trustee for the benefit OF the creditors OF Andrew ClP
bell, against John Kelly sheriff OF tae C0nmy " rtn
York to recover So damages being the vaiue ol
machinery tools, &c, alleged to have been wIongieuy
levied upon and sold by the defendt Se me Eliza
bethport Manufacturing Company ,., ,,.ossos az
Andrew Campbell was nsser q and there
owned stock machinery tools nXies N1 %e, enbeT
posssed and John j. Merritt loaned and advanced him
money, cash $50 600, or Whereabouts
no secure these advances MI Campbell executed to Mr.
Marft chattei mortgage s1ssoG payable or demand
on his machinery tools and Office furniture rms mort
gage dated April q 1870 On tne an e ay nv w. Pie
mortgage Mt Campbell did not pay and Mr. Merritt az
once took OF the morgaged property under the
mort 90 and kent possession Under agreement be-
tween him and Campbell, dated 9TH May, 1860 he carried
on the business in his Ccrrts until the oath May
1860 when lie delivered the said property to the palnt
who took and retained exclusive possession until dyeseu
by the defendant On oath May, $780, Merritt Campbell,
and the plaintiff ent0n) made articles OF agreement,
whereby Merritt and Campbell conveyed their interest IN
certain other property they had at corner of Pearl and
Elpss TO the plaintiff In trust upon certain terms ana
conditions therein named This agreement also contained
fun directions TO the management and disposition OF
the property ia question this suit wiz the machinery
tools Office furniture, &c. In daily use IN the business,
and Of the disposition Of the proceeds OF the sainets
nronerty having been delivered by Mr. Merritt 10 tne
plaintiff the same day, oath May, 1860 ,,.s ,,,or
On the sd OF September 1901 the defendaJ ioVleu o
and subsequently sold the property III question III Is
suit under an execution upon Judgment Tor Sz5lo - III
the suit OF the Ezabethport Manufacturing company
AGAINST said Campbell whereupOn this suit was brought
The complaint was dismissed on the tral upon on9
ground that the assignment was hFaud as al
for the benefit Of cTe.itors. ,,. 81, o,n
The points taken belOwthat the instrument OF assign
ment In authorizing the trustee to continue the business
10 sell on credit use the proceeds In continuing to
business, and in providing Tor llylng 70 INC assSal
and in excluding the dissenting creator ITo 'nc DcS
Of the trtst-weTe void far as Campbell was con
cerned and that he was the real assignee ana hot et
On the other hapd 1t is contended that Merritt having
forecosed his mortgage, became, notwltnslahnhg is
subsequent arrangement the real owner anu ms gOiS
in the instrument direct conveyance Oh ms own
property TO the plaintiff and that whether suc con-
veyance by Campbell void or not the conveyance Ny
Merritt was valid.
Decision reserved. - ,,,..., Ion
Mr. Howe for plaintiff appellant; Mt Vanderpoel for
Before Judge BARNARD.
ACTION To SET ASIDE A WILI-MOTION FOR INJUNC-
TON AND APPoINIME1S 1T, OF q R kECEVERS'
The plaintiff brings this action to set aside the VIII
Of her mother tho late Mrs Hogan who devised tH9
bulk of her estate TO her daughter lara Inc pe de-
obtained preliminary Injunction restraining ae I1
PENDANT from collecting the rents OF the estato anu
an order to show cause why receiver OF !nI s L gs
band should be appointed receiver during the
The defendant claimed that he nou Yarons
grounds because l. That the equities OF te Dl VIZ
JendaEt was nsoivent hence the plaintiff could not BIO
preudiced s. The defendant claimed the property IN
ef demanded I'm the complaint did not cover the Decd
also that there fatal defect OF parues He CVI
I'm 40 FAR IA II restrained the defendant from collecting
thc rents and denied the motion for receiver:
EyJudge COWlcs and Il. ID. Hatch Tor plaluu NOuueis
Brothers for defendant. . .
CnAMBERs-Before Mr. Justice ISGRAHAM.
TIE MARRIED STATE.
Augusta Bull sgt Henry Bull ..
This was a motion for alimony brought III SUIT
the part OF her husband and claiming that she placed IN
his hands 5000 when they were married. anu hae LIS
income is about q, coo per annuin.
The Court reserved its decision.
MOTIONS GRANTED.
Meers aqt Walker ct al Anderson agt. IantZirger
Of al. XlckS AIT Frccl DcmareSt ct al agt. Barclay
Holly agt Dean; Welliug ct al. agt. DermOt Wails
agt Rozze; Pierce. %, agt Doda; hcsS agt Roaene
Pulls ct al agt Raphael; schlesuger ct al agt Barrows
swan AIT Singleton; WmtchOuse ngt Davis et a.; Mcr
chants Exchange National Bank agt DOnnelly et al;
Bitter OF al AIT Blank; Jellics ag sayre; Brown ag
\ Harden: Hamlln al agt LOwcnsein; Benedict agt
Corner; Roo agt GTeiras GrOcors' National Bank agt
A Harris &c; Martin agt. Thorn &C al; World Company
art Poppo CT all COhn Ct R agt. Harris ct al COOK ei
All act Icrrick at al. Meckam ct al ag The Farmers
Loan and Trust Company; Bell agt schenek et al; On
bert ngt Shorthand; Chas DOhcrty agt. Benny et al
schlesnger &c al agt. Brown et al; Clule et al agt
Meade Sinclair ~ al ag Hansen et al; RoDDlns et al
| act Barnes; sheridan agt Nanderberg; TOWNSEND agt
Dwuele; Carl Ct al agt. Mchahon ct al SIVAon az"
| Cregan. -
| MOTIONS GRANTED FOR SECOND FRIDAY.
| The Chemical Bank agt. n. j. Mutual IS. Coal 20:
| The World Co agt. Pappo 20 a.; Spellman ct al agt
Arnold: Butler It. Ward Morris agt. Lowenstein ct a.;
Cunningham ot AL agt. Brookield ct al Spnlibg agt
Dahhcnder The First National Bank OF Northampton
agt Julius Jones al: DOherty agt Carson ct al Quack
onbush agt. wilcox; Dunlap agt. swift; Sanford agt'
iobcrtsOn Sagunde CT al. ast Body Kellogg CT al aB
| Hefrick 1t al.