The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-03-28
SUPREME COURT-GENERAL TERM
Before Judges Davis, Brady and Daniels.

Before Judges Davis, Brady and Daniels.
BATCH OF oRDERs-DECIsIoNs.
This court held yesterday its concluding session
for the term, and after making a few orders and
giving decisions IN cases previously argued ad-
journed till the first Monday OF May Among the
orders was one disbarrlng A. II. Hummel, on the
ground OF having paid as testified by himself $500
to magistrate OF Westchester county to dis
charge certain prisoners for whom he was coun-
sci. Another order was directing A. Ii.
Reavey to show cause why he should not be dis.
barred the charge against him being an attempt
to obtain money on forged certificate OF the
Court OF Comm on Pleas
Among the more important decisions was one
relating to the question Of assessment. An order,
it appears, had been granted BY the Supreme
Court Chambers, vacatlng an assessment on the
property of Patrick Ii. Conway for paving Thirty
second street, between Second avenue and East
River. The Corporation Counsel appealed from
the order to this Court The proof al the hearing
OF Mr.. Conway's petition was that the resolution
providing for the requirement. was not published
In all the corporation papers before its final adop.
tion as required by chapter 446, Laws OF 1851 the
advertisement not having appeared in the Leader.
The proof on behalf OF the city was tnat
s1 y the SualSs Of Aasmen ana Asssant
Aldermen on the 10th and oath OF May, 1870,
n and IL a gas of @ ve a vas
pressly repealed by an act passed May s. 1870 and
making a single publication suffcient. Judge
Daniels, in giving the decision of The Court yester
day, the publication OF the proceedings or the
Aldermen at these meetings were regulated by the
act OF 1870. which required mere publication
only: 1T was to he presumed the clerks OF the
boards did their DUTY. in the absence OF proof to
the contrary, and the omission relied upon cannot
be established by simple failure 10 publish IN the
Leader. ORDER appealed from reversed, with costs.
The next decision embodying any point OF special
interest was one given on the appeal OF Louis
Schessinger from an order OF Judge DonOnue
granted to Elijah IL. Purdy, appointing a receiver
OF the proceeds Of the sale OF certain furniture.
Judge Daniels, who rendered the opinion, says that
it appears from the papers mat Schlessinger OBJ
tanned the goods credit by a gross fraud and
morrgaged 1t to the other defendant Goldman, II
near relative, Tor one year; that the mortgage
same year Goldman sold the property under the
mortgage; that GOldman's insolvency Is not mega
tived by averment OF sOlvency, ana no satisfac-
tory account Is given OF the origin OF tine dept;
that although conspiracy IS denied, considering
the fraudulent nature oil the purchase the denial
Is unworthy o. belief, there IS reasonable proba.
bilIty the mortgage was Tor the purpose OF de-
frauding the cred.tofs and the order appointing
receiver OF the proceeds OF tie sale maue by Cold
man should be sustained.
Following next III importance Is decision in a
Will case. In 1854 u. I. Hatfield, farmer, III
Westminster county, died, leaving the homestead
to his son Jonathan, but with the stipulation in
the Will that the latter should pay TO his sisters
$40 each within one year after should they sever
ally marry. Two OF the sisters died unmarried,
and the surviving sister brought suit against the
brother for their legaces. Judgment was given
IN his favor, rom which an appeal was taken TO
Brady giving the opinion, That the egaces had not
lapsed. bat the judgment was reversed as TO the
legacy O one OF the deceased sisters the suit not
beng brought within ten years after ner death.
The Court holds, IN decision yesterday, that In
a complaint IN a suit 10 have mortgage marked
discharged OF record, 1t Is not enough to allege
lapse OF time. which raises presumption the
mortgage has been discharged but allegation OF
actual payment must be made.