New-York tribune., 1867-02-15
}. Warren for defend.
Before Mr.. Justice Z. D. SMITH.
svlyester Cahli agt. Courtland Palmer and o,l'er


This was a suit involving the title of tract OF
land on the East River extending back ~ the nelgh6or-
hood of Observation-Disclosures. 10 the NhthtVe The
plaintiff claims title to It under grant made III Sal,
which gives certain point OF lana llng DctWeeh TWO
kills and which. according to the construction puI on u
Inv Mr. Serrct the CITY Surveyor included portion OF
the tract taken by the Central Park COMMISSIONER near
Observation-Disclosures and for which over SiOpO was
awarded The title Of the defendant runs back 10 nearly
the same period The has occupied week great
boundaries of the old grant The Court ultimately
directed verdict for defendant chiefly on me GROUND
Mr' Dyetf for plaintiff; Mr. Burrtt for defendant
PROMISSORY NOTE CASB-WIIAT ARE TIE DUTIES Os
PERSONS WHO PAY OUT 4 PRoMIs'oRf NorE'
The plaintiffs sold to the defendants IN March 1871
goods to the amount Of 1913 49, The dcend'mts pad of
them in their prOmssory note. In October 1871 the de
PENDANTS failed On the lth 4th of November, 1884,
they delivered to the plaintiff IN payment S ther own
note the note OF Bambeyer Brothers OF hehtueky,
dated AuqIst H. 1887 but really coming into their posse
sion on the 4th OF November, for @3 ana it Idlnun
surrendered the note. Bambeyer Brothers facd NOVem
The plaintiffs claim that when this note vas shown
Brothers were solvent and IN g0Od stahdihg, whIe
reality they had failed. and the Defendants Igt cog
nzan OF that fact knew that they had been seeking An
extension of time their liabilities. Ihe deIenhanu
claimed that the plaintiffs had sought them out ana
asked for the note taking entirely on their own iespon
sibity and knowledge.
The Court charged that payment the note OF third
person was good payment II so accepted II was EKeo
by fine plaintiffs at their risk 10 the responsibility
OF the maker their rights against me drehdt are gOh
II the other hand they were Induced 10 take on any
instrumentation to the responsibility q" the naker
that would be fraud. ANY mSrepreset iiOhs OF thas
kind that induced them TO take the o - ana upon
which they relied in taking the note would De Haua
practiced on thcm and would void the c0ntTact ana
resnit them to their original rights 10 recover LOT e
original propery If their was any fraudulent conceal
ment the contract void The defendants were bound
to act honestly and fairly with their crcdltois III tney
asked them to take this note in satisfaction they were
bound speak the truth they spoke at all and II the
defendants represented 10 be good and they knew 70
be good the fact that these persons failed four or nvo
days after sufficient answer to that
and If in fact made, that would he practical de
ceit and would entite panfs 70 recover they esst'
ish their II they knew that the credit 0 these men
doubtful and that they knew they were mere seh
ing extension OF credit and concealed tha fac abd Sdd
they were good, that would be fraud Tor they were
bound TO tell the plaintiff the tTllrn
Mr. Cray for PLAINTIFF Mr. Boardman TOR DEFENDANT
CH,MBERs-Before LEONARD, j.
ALLEGED CRUELTY TO A WIFE-THE DEFENSE IN
SANITY OF THE WIfE.
Silsbee ag. Sisbee.
This was a motion TO strike ont part Of an answer
az irrelevant The complainant asks united dlS9tee 90
the ground Of cruel treatment me oy @ ba an
Of harshness that may have existed arose from INC pam
mrs INSANITY which ultimately sent her 10 asylum,
and tbe necessity which her husband under OF con
trolling her The PLAINTIFFS counsel claimed that tne
trial would show S sGe PeT a the 6tat pant to the asylum
The Court reserved It's decision
DECISIONS.
Edward F. Hobbs ct al agt. VIM. B. Hall ct al
Motion denied with $40 costs. -.
VIM H. H. Cook agt. Jane HonOra CooS-Report filed
and confirmed. Judgment Of divorce granted.
SUPERIOR COURT-sPECnL TERM.-FEB H-Befors
Justice JONES.
DECISIONS.
Annie Lawler &c. agt. Joseph II. Bearns. Edward
G. Robinson ag The 81. Marks Insurance 20; LlSetN
Tranmann agt Adoph Kerbs, Mary Ann IIalsey ast
Luther {. Carter Thomas Beanes agt George Coatos-
Motions granted
COURT OF COMMON PLEAs-sPsCTAL TERM-FEB
H-Before Judge CARDOlO
DECISIONS
Taylor agt Shaw.-Case settled.
Before Judge BRADY.
Galway agt Adams.-See opinion.