The New York herald., 1873-12-27
kaRlSE cuuaT-eESEaAL Term.
Decisions.

By Judges Shea, Joachimsen and SpauIding.
Washburn q Moen Manufacturing Company vs.
Augustus Silber.-The defendant as agent OF the
Union skir, Manufacturing Company, made com.
promise with It's creditors. The plaintiffs, who
were creditors, did not sign the composition deed,
but a separate paper, In which they agreed to ac-
cept a settlement similar to that provided Tor in
the general compromise paper. At the same time
the piaintins exacted and received from the de.
fendant his Individual notes for one-third OF the
entire Indebtedness over and above that provided
for by the composition. On suit By the plaintiffs
given. the pIantirs contended their ' rirht St
to recover thereon for the reason that the
defendant at the time OF the settlement had agreed
to assume personally portion OF the debt as a
esd q
Chasing the goods. Judge Curtis, before whom tae
case was tried, allowed this evidence under the
objection Of the defendant, ana the jury rendered
by the defendant to the General Term, which has
Just reversed the Judgment end ordered a new
trial. holding that the Justice below erred Charles
H. Woodbury. for plaintiff. Blumenstr 4 Ascher
Tor defendant -
ALTERATION OF NOTE
Iselin VS.. Davs.-The plaintiff sued the de-
fendant as endorser OF note received by the plain
tin before maturity for value. The defence was
that the maker OF the note, after the endorsement
by the defendant, inserted a place OF payment-to
wit, "The Fourth National Bankn-tn the margin OF
the note. The plaintin proved that the defendant,
Notwithstanding such alteration, after the ma
turty or the note and on inspection thereof, prom
ised TO pay the same. The Court below dismissed
the complaint. The plaintiff, on appeal to the
General Term contended that the question should
have been submitted to the Jury whether the de-
:endant mad promised to pay. Notwithstanding the
alteration with full knowledge thereof The APP
pellate Court reversed the Judgment OF the Court
at Tr.cl Term, and ordered new trial. Bumen-
stril & Ascher, plaintiffs attorneys; w. s. Butler,
deiendants attorney.
By JUDGES Joachimsen and Rowland.
EFFECT OF RELEASE.
Barton ys Iarmann,-The plaintiff was SUB.
s-acforr >. a. s,nse buIlt for defendant In
.pvn ~. ~achanic's lien filed by
CONF 'eciose =. r-"rt OF Common
proceedings - ,rouont in tSa mt In his
Pleas. the plaintiff obtai, ,,ed udgme...
favor for about $4,000. This Judgment wa, j.
yersed on appeal for ne reason that the CONTRACTOR
had not fulfilled lis contract, and hc% trial
ordered. Subsec, ,uenuy the defendant settled the
entire matte with the pl1tntln and has Cocoon
tractors for $3.50, and obtained general release,
discharging the defendant from all claims under
the building contract. The paintia then brought
tins action, claiming about $500 for
alleged extra work done On the building
tractor. The defendant resisted the claim, o.
Jhe ground that the contract included all e"
work, ana that the release heretofore given or
the action Tue Judge below decided thp Jerre
lease dld not cover the claim, an yriv e the m
rendered ior the tull amount cT1<med' .mcnt Wa
tln, On appeai ,ne Genera fern oy tne piair
the settlement thereu' .Eging. Of the release an
from making any fur ON pr;scluded the psinti
Ascher Tor deienda' ,6ncr calm. Blumenstiel an
It; Albert bay for plaintlG