New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-01-04
CIVIL NOTES.

In the case of Sylvanus Judd against Chaun-
cey A. Smith, the GeneI Term Of the Supreme Court
holds that III an action a bank check against the
drawer Of It, complaint must notice or nOn-pay-
mcnt to the drawer.
The General Term of the Supreme Court in the
matter of John d. yOorhs holds that an assessment OF
the Board OF Assessors will not be vacated Tor fraud
law" the Of two lots from the assessment,
which the Court holds might properly have been assessed
for mere nominal sum- or not at all IA WIS ta ract
In the case Of the Union Dime Savings Instl-
tuition against Joseph Duryea and Others the General
Term OF the Supreme Court holds that given
on the surrender Of note anu the canoeing or exen
mortgages ia goOd iltb," and gives them the same
equities though he mortgage had been gwen for
moneys then advanced.
In the suit of Bixby against Smith, the Cen
era Term OF the Supreme Court holds that it is not
enough to obtain order OF publication Of summons to
show foreign residence OF the defendants against
whom such publication IL desired Tie afhlaVlt must
ESQ show that urs have been made TO fnd them, and
that they cannot afer due diligence, be found within
this State Tue omission OF this last fact In the aihdaYt
Is iataI TO the jurisdiction OF tie Court.
The General Term of the Supreme Court, in
the II against Bowen and Nichols, hold that
it very doubtful whether creditor OF person ca
bring suit against another person who comes in as
partner OF the debtor on bis promise 10 assume tDe
debt out II he that Is clear chat the rigs OF tne
creditor subject 20 al the equities between the part
ners and II the promise was OBTAINED Dy lf4ud' ta'
"a good defense.
The General Term of the Supreme Court in the
Of Watson az nst Church, IN which the mortgagor
was also purchaser OF tho premises at foreclosure
sale then objected the title the ground that as his
wife, thoagh a party, had Dot been personally served
her dover right of relsseros the old rule or
Court OF Cnancery tnnt where wife ~ made de-
relation, the husband ~ DC comp5liei = appear Tor
her. and his pm chase relnstates her On her dO"ef
right, Oyerrules the objection.
An application was recently made to the
Court Of Common Pleas by Brown Brothers behalf Of
tho Bombay Committee OF the estate Of Bomaniee By
rangee C0lah, the Bombay merchant, who was SONS
time 60 declared lunatic ana sent back 10 Bombay,
the money now IN tbs hands OF MI JARVIS AMOUNT
n 10 about $50 COO be paid through Them TO Henry
Gamble the Committee In Iniia This motion tue Court
denies hO ing IN Il such transfer OF an estate from
the Court that Of another IL only mat
OF courtesy between courts Here the Court u NOT
apple mt nor does 1t appear tha Tue BOmnaY court
has proper provision Tor the security OI 80 large
u fuud.
The Equitable Life Insurance Company fore
Gle sed MORTGAGE giveo by the late A. H. Stevens on
the property No IOs CLamberss but did not ask for
personal Judgment against the estate OF Mr. stephens
IN case Of deficiency. The property was sold 10 Feb
ruIry, ana bid IN Dy the COMPANY AT S5co DIt IN
cindug taxes and costs the n9unC u W. fi ~, M
II September hey rspId the property or sti,9uV 'n
applied bring suit 1T law for the deficiency
s55O7 10 arising he sal" against the representa-
OF Mr.. stevens. Tie motion was opp.Seu GU NO
ground that tue proceedings had missed lhe deLGhdant
aud the Company was fully Reimbursed. Inc mo
ton was granted.
In the suit of William II. Newman against
George H. Goddard, the General Term OF the Supreme
Court holds that the Court has jurisdiction in regard to
personal injuries committed in Arkansas, since both
parties arc now residents of this State The defendant
IL sued az one Of q vigilance committee who, az Camden
Arkansas took possession OF the plaintiff store DIES
troyed his goods m llteatei him. Pllhth recovered
n verdict, but the General Term seb u asle on INC
ground that pr OF OF threats by the defendant against
the plaintiff and OF great rise OF the prices 81 the
goods subsequent the injuries complained or was
admitted in evidence and the COnrt holds tnat suose
Jnent direction OF Judge TO the Jury not 10 regard
that evidence did not make amends for Us ahmisson'
II is claimed at the Office of the Corporation
Counsel that Of Is General Term decisions made since
she Summer vacation II In their favor These de-
csions in the Supreme Court were in Zocoher against
the Mayor Duryea against the Mayor, MACMILLAN
against the Mayor The People rel Ketetas against
Cady In re KeeItas In Burke. In re Philips, In re
Anderson Burns against the Mayor The People ex rei
People ex Tenth National Bank against the Board
hies In re- extension OF Lsxingtun-ave Miller esanst
the Mayor In re Little, Meyer against the Mayor,
Kedian against MAYOR, aud me Merchants National
Bank OF New-York against the Board or buperVlsOrs
In the last suits the decisions were against the
CITY, the Common Pleas the decisions were IN the
cases OF Kngsiand, Devn. Drake, Byrne merson, and
jackson against Mayor In the hast or these the de-
cision IN favor OF the piaintin