The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-03
UNITED STATES CIRCUIT COUNT.


Yesterday In the United States Circuit Court
Judge woodruff rendered several interesting dec-
sons of when we give below comprehensive
synopsls-
Debt on Judsmcnt.
Daniel X Tenny vs. Thomas s. Townsend and
Reveal P. Noyes.-In this case the plaintifr demands
$3.50 as a debt on jud yment The plantn Is a resi-
uent Of the State OF Wisconsin,, aud the defendant
Townsend resides In the state oil New YORK. 1t was
suggested IN the argument tnat lnasmuch as the
defendant was here sued AS citizen OF New YORK,
II ought t. attrnatlvely appear wien the Judgm emit
oil another State was declared open, that Jursdic-
OF the person IN part acquired, and tnat no
presumption arises in the tribunals OF this olate Or
district the Court vi any otner state however
general It's jurisdiction. mad any Jurtsa,con OF suca
such jurisdiction wOud lie 2vaiaoie as defence.
Jud snent IS given Tor the planin on demurrer, out
leave urst given TO the deicnaant 10 amend his
pleas III the usual form.
Question Of Costs.
Eben Peck VS. John France ct aL-In this case the
Judge holds that the papers submitted TO him are
wholly insufficient 10 snow that the plaintIGs are
entitled to costs nereln lie says that no SUM-
Gent ground Tor Withholding costs winch Ordl-
narIly l0.l0w verdict appears or Is SHOWN.
| Interesting Question ia bankruptcy Liability
Of Sherins.
| Elias n Miller Assignee IN Bankruptcy, vs.
| james O'Brien Snerin.-ln this matter the Judge
| says:-
Reduced to Its simplest form. the question raised
| by the demurrer herein is whether q snerlf wno,
alter the proceedings are commenced IN DanK-
ruptcy, wherelu assignee Is appointed levies
| executions upon and sells property winch was OF
the bankrupt, ne Is laUe TO the assignee nOtwitn-
standing ne paid TIE proceeds ol the sale to The
creators oelore ne receivod actual notice OF the
bankruptcy. the property had been attached Dy the
Shern u lew days DeiOre the proceedings In bank
ruptcy were Instituted, ana by order OF the Court
the property seized was sold as pershaDle and the
proceeds were hcld by the Shern In lieu The prop
erty abide the event OF the SUIT and to levied
upon II judgment was obtained and execution
issued; but IL Is quite clear that, between tue
unsr lfN nd ha
! cumsances are not material. The statue IN the
| most explicit terms declares the attachment DIS
sO,ved. In ike explicit terms II declares That the
assignment " the assignee shall relate back TO the
| commencement OF proceedings In bankruptcy, anu
the title To AL the Uankruprs estate snail vest IN
| him. his can only mean that the title OF the
assignee shall be vested with like legal effect as II
executed at me commencement OF me proceedings.
Tne sale OF the properly as perisnaDle assuming
That It WAS justified by order Of the State Court mad
no encct except 10 substitute In the nands OF the
| Snern the proceeds Oh sale In place OF the
| property seized. 1t gave the creditor greater
right; IL In nowise enlarged tne power or
loa Of law, Inc attachment was q Dissolved solved
the title Of the assignee IN bankruptcy was perfect,
| anu the Sherd liable 10 pay over the proceeds
| OF the property to MN. Tue sheriff had ceased 10
| have any claim or right to withhold IL. Uniess,
then ne is projected bY issue and levy OF execu
| ton and the payment OF the money to the eXeCu-
ton creditors before ne was actually notified o. the
bankruptcy ne Is stu liable, and IT., tne demurrer
were issued, If the property Was no longer Liable lor
tie satisfaction OF the Judgment II Is no matter OF
|
which OF them Is called upon 10 recognize the law.
| Tue question Is IMPORTANT however, because the
| construction and erect or the Bankrupt act con-
tended Tor by the palntn may operate very narsnly
| upon SherIfs and ike ministerial officers. and 1t
ought not to ne held liable for their acts in the exc.
| cuuon OF process. done in good latin, without
asaiast the debtor. b, operation 81 law the money
received by the ohern was tue money OF the present
pn, waethsr r me saer n knew or not ana IN
| Tue demurrer must he oyerruled with leave 10
| Withdraw the demurrer anu plead on The usual
| terms.
The Law OF Charter Party Demurrer TO
Declaration.
| Allston Wilson ct al. vs.. John n. A. GrIswold.-
This case came before the Court demurrer to the
declaration. The plantlffs declared upon charter
| party under seal whereby the defendant chartered
TO the defendant and the plaintiffs hired the deiend
ants vessel the steamer NORWICH, certain ten ms
to he run 10y the panf5 as afrelgnt and passs Iger
vessel between New YORK ana ports IN ST. Domingo,
the plaintiffs TO coal victual onicer man navi-
gaze me vessel, with covenants by the plainlifls
against negligence Or mismanagement, and a cove
nant by defendant that In case OF damage by nre,
coilslon the breaking Of machinery, or injury 10
the steamer or 0lfer unavoidable accident, caused
solely by the perl5 OF the sea- he VIII repair the
same without delay. so that the steamer may
| resume service under the charter: aud If the
upon the route no other claim Tor Charter money
shall be MADE Tor The time she shall united Tor
| business. There Sa,no express covenant or supu-
laIOn at the time Of the Charter that the vessel was
seaworthy; but tue pleader had averred such war.
rantee and covenant aud alleged oreacn thereof,
ana mat the steamer was rotten and eaKy and undt
for the purposes oil the voyage. The defendant de.
INJURED TO the declaration, raising the question
whether there was aa implied covenant or warran-
tee uy the DEFENDANT as TO tue seaworthlness OF the
vessel ana her ntuess Tor the service IN winch she
was TO be employed, and a.so whether II was COM
petent Tor the plaIutif In declaring 10 aver sucn
wairantee, II implied, or whether he should
have proceeded IN dssumpSn for the
breach thereof. The Judge says that the general
RUE that IN contracts Of anreigntment there Is an
implied covenant or understanding by the owners
OIL snip; That the amp ls seaWorthy Is not cues
Toned. Looking 10 me terms OF THIS charter, the
purposes FOR winch this ship was hired the service
presented 10 The rers by the very terms OF In
II by Ihl.a am L al nvcru