New-York tribune., 1868-10-06
CIVIL

The ease OF Charles Il. BOstwick. rec'r. agt.
William Monck, came up before the Court oi Appcns
yesterday. The defendant IN s case Wss the assignee
Of Beser and the plaintiff receiver In supple
mentaty proceedings on judgment OF sOl against .he
same Beiser The plaintiff brought an action TO set aside
the assignment and Judgment was gwen IN ms voi 10,
whole amount Of the assigned estate over $1,000 aud
raised on the appeal was whether the receiver could oh
tain Judgment for more than the sum he was entitled 70
apply on the judgment under which ne was appointed
Decision reserved
The October term of the various City and
County Courts commenced yesterday. In the supmDe
Court Circuit. Part H. no cases VII be called nnt Wei
nesday morning. No jury was formed but nine jurors
being obtained ont OF two panels ebiaclng over NV
nancs. IL was announced by Judge Barnard that he
would every morning hereafter until further notice
at 10 m for the purpose OF natnrnlzinR IN me Su
paris OF the Trial Term held yesterday by Judge
Jones In Part panel OF jurors was obtained ana
IN Part H. 6 were empanneieq Iotn Salenuals Se,s @
parts adjourned 20 this morning u y probable hht an
adjournment OF Part l. for two weeks viii be made TO-
morrow The customary Of each ordered 20
be imposed upon the delinquent juTymenin all the Courts
In the Court of Appeals yesterday. before
A Osgood Receiver and others AT. David Ogden and
Others argued The defendant received as did other
Company after it was insOyent The Receivers O that
Company brought suit for the premiums 20 paid The
claim against tie plaintiff was for SOi 90 The Company
was Indebted 10 the defendant before eappontmetO
Receiver. sl35 10; prior also TO the appShtmsht OF
ships insured with the Company which when settled
amounted TO 1891 10; but which did not become payable
the Reteiyer was appointed The defendant claims on
appeal that thus mutual credits aud that he
due him as may bo necessary The respondent, claim
that these are mutual debts and credits - they rep
resent the creditors Of the Company rather Than the ON
pany and that 1T any rate liabilities aceruing srp,e
queiy TO the appointment OF Receiver cannot oe s''
In the United States District Court IN bank
ruptcy yesterday Judge Batchford decided question.
erTf ~ tSnsb s s' Sarnp In the rSi named case
che bankupts petition set forth debt due hy ,hen
which IN the state Count the amount being
contested. The Court held this 20 he deh pioFabe
under the act aud that II was proper case ia which TO
the amount due the bankrupts: aud that ~ any debt
established by the suit the question OF whether ~ wh
posed a motion stay execution ANY Judgment
which may recovered for the debt IN the state court
In the last case the return day of the order to
show cause why Cough should not receive h, dis afge
creditor appeared aid filed proof Of debt due him by
schedule a." aud he had not before appeared IN the
case Tho bankrupt denied he debt and objected 70 Tue
we'll taken, and sad the proof could not stand AS ihs
creditor , ssd besn ipns% M Ss Pro- ~ Smonnt
should be fixed 10y assessmcnt which remedy the cred
tier declined TO avail himself OF
ln the City Court of Brooklyn. yesterday,
George B Eklns, of the Trustees OF the THIRD unl-
tartan Congregational society cGnmsnosd sun nsnlss.
them from executing mortgage upon the ptoperty OF
The society The society wa osSan1ea ~ m
lot of land the corner Ot 'l%r-ohNr Hhd Jti
fersst for $4,000, ON which the gave mongase OF
1900 TO secure the purchase money Before The organ
zaton ot the Socety the Rev Alfred Putnam undertook
10 raise by subscription. gift TO the Church the sum
OF $4,000 -Four thousand dollars he succeeded ia rasg
In addition they have paid 10 contractor, .ONhin 'ho
building s. 900. Mr. Putnam also received 1850 rs
loan 10 said society from the American Unitarian soce'
Is Of Boston. which he now holds but demands oeofo
paving over this sum that the society shall execute
mortgage OF SIS 900 to the Boston Society a. secuy Tor
the g. O and the other 5000 received as pois
The plaintiff contends that the latter 5000 which S At
tempted secured by the mortgage, was contributed
by Of Brooklyn who are not members of tho
Boston Society and that the execution ana delivery OF
the rage fraud the members of tho
Third Unitarian congregational Society Painin prayed
for an Injunction re.trnining the defendants from
cutting the mortgage After argument hy conse on noih
sides. a temporary injunction was granted