The New York herald., 1870-01-18
SUPREME cousIrssNEaal TERM.

Alleged Fraudulent Concealmcnt as to Terri
torinl Extent.
Before Judges lngraham. Barnard and Brady.
George ~. TITUS, Respondent, Us. George brisbane,
AppeAdnt.--Ths was an appeal from judgment Of
foreclosure and sale OF premises in Irving place.
dered on the report OF a referee. The action was
brought for foreclosure Of mortgage OF $4,000.
made by the defendant to the plaintiff upon
the house and lot In irving place. az part OF the
Bideraton of the sale by painlH to defendant Of the
premises IN the spring OF 1865, the sale being for
$25. 900.
The defendant in hts answer sets up an alleged
fraudulenl conceaiment by the planttn from him or
rhe actual territorial extent OF the premises sold,
and that thereby the defendant was deceived as to
such territorial extent, aud was led to believe that
the promises extended back from irving place twenty
I'VE feet further than they really did, He also alleged
damage to the amount OF 600 which ne set up as
. counter claim I1e plaintiff denied all fraud or
c8nceainent, and contended that when the defend
ant made the final casn payment, $5250, took his
deeds and delivered the mortgage IN suit he well
knew the exact territorial limits OF the premises.
The action was referred TO referee who found in
favor OF the plainnn. from which decision the de-
3endant now appealed.
The Court affirmed the Judgment,
important Question OF Psrtncrship--The Right
OF a Firm 20 Its Own Property.
Tracey Il. EfSon, Appellant, cs the american
Bank Note Company, Respondent, ana the american
BdnE Note company, Respondent, ps. Tracey Il.
Efson, Appelant--T was an appeal from two
brought by the appellant to recover for the use OF
certain Ink Known as the green tint In the print
Ing Of United States legal tender notes ana bank
and other notes between 1868 and 1884. The second
Of the actions brought by the company recover
from the appellant moneys received by HIM from the
company for the OF the tint In question prior to
Apnl, 1853. 1t was Set forth tpas In 1857 EdsOn
acquired the property in question by purchase
ana that It was subsequently brought into reQusi
tisn BY the nrm with which he was connected, no
being paid . stipulated sum for its use. In
April, 1883, the several firms and individuals
engaged IN bank note printing, Including Edsons
nrm entered into articles OF association for the pur
pose Of consolidating the business and organized
the American Bank Note Company. Edison claimed
that when the company was formed the ink
IN question was his sole property. But his right TO
compensation was IN 1860 questioned and brought
before the board OF directors and finally the question
was tried before a referee. The American Bank
Note Company III their answer to the complaint IN
the na action and In their complaint in the second
claim that whatever right the plaintiff had to make
or use the green tint In the business Of bank note
printing was transferred to them aud they became
Its exclusive posseasora bv virtue certain articles
Of association under which the organization was
effected. The sections were tried at tue same time
ana upon the reports OF the referee judgments were
entered dsmissng the complaint In the nrst action
with COSTS and III favor OF the plainti the second
Tor &54,4 Al 02 besides costs. Appeal Is now made
against both judgnentB
The arguments Of counsel commenced yesterday
and have not concluded.