New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-06-02
CIVIL

In the u. s. District Court, yesterday. I'm,
Grand jury presented several indictments among them
This case was sent to the u Circuit Court for trial
In the case of Tatnall Bailey, bankrupt
the Court decided that the petitioner was carrying on
petition This confirms the decision Of Register Kechum
Ia the case. ..H
Nearly $50 petitions in bankruptcy were fled
last Saturday which the last day for receiving them
under the LIST OF June clause The total number OF petit
lions filed since the Act went into operation year ago.
is 1,7S0 'l
In the Supreme Court, Brooklyn, before Judge
Barnard tho reports OF the Commissioners for the OPEN
ing Of sxth-st, Park and Throopayes. and 0rmond.
place confirmed and the Assessors reports the
opening OF President-st, Carrolplace and HoOperst
In the United States Circuit Court, Brooklyn,
Judge Benedict announced that while recommendation
mercy when made at the time OF rendering the
considered in passing sentence he would not consider
permit TO be filed any statement whatever In regard 10
any which signed by any Juryman after he has
rendered his verdict and been discharged from further
being ready to proceed with any case, the Court adj.
journed; and after adjournment the Judge having
sanderson said that nine of the Jurors in the Allen.
Enrgbt had signed petition 10 the Court praying
for its clemency in Mr.. Aliens behalf
In the Supreme Court, Brooklyn, before Judge
Gilbert Calvin T. Pratt and Others sued Elya n Spi.
noa TO recover $4,000 The defendant is the wife Of Cen
Spnola and p1or 10 1866 owned some coal property In
Northumberland County, Pa, which mOrgaged for
about $4,000. A coal company purchased the prop
to the amount of the purchasemoney and the company
taking her notes for $4,000 pay of the ncumbrsnce
The company paid off the incumbrance Mrs SpnOla Civ
ing as security six lots OF land IN FfysXthst near
Sixthaye., New-YOrk. This security only covered
10000 and the suit Is TO the additional
$4,000 The defense is that the money not paid for
the benefit of defendants personal estate and that She
being married woman is not liable for the payment OF
the notes OF the separate estate The case was adjourned
to Monday, June g.
The defalcation of $233,OO0, in October, 1854,
by Charles Windsor the defaung Teller OF the Mercan
tile Bank came up in the Supreme Court Circuit yester
day before Judge Ingalls, I'm civil suit instituted by the
Bank against Mr. Windsor The defense, with the excep
ton OF a feeble denial by Mr. Windsor himself that he
took the money, Ia based on the discharge obtained by
Mr. Windsor, bankrupt proceedings IN England after
the plaintiff had procured judgment there on this
claim against him. The defendant claims that the plain
proving their claim before Bankrupt Commissioner
The plaintiffs deny that they parties 70 such pro-
ceedngs Independent OF this defense in respect 10 plain
s consent the defendant sets that the plaintiffs made
their debt English debt, and that this was discharged
by the operation Of the Bankrupt law, and that In fact
his simple arrest operated discharge OF the
debt unless the arrested defendant escaped by
irregular voluntary evasion. In this Windsor had
escaped but had been discharged by operation OF the
English bankrupt law without any effort his part
The points which novel In the practice in this state
were argued at great length By Dir. BurriH for the
plaintiff and Mr. DyOtt for tho defendant At the con
cusion the Judge expressed his doubts the questions
involved, but for convenience sake on the appeal al
rected verdict for the plaintiff for s2li 2T 90 The I'M
pOrance Of the verdict arises from the fact that the
plaintiff has attachment on about $4,000 worth Of
property claimed by other persons.