The New York herald., 1877-11-03
GENERAL TERM DECISIONS.

The Supreme Court, General Term, Judges Davis,
Daniels and Brady on the BENCH handcd.down batch
of decisions yesterday afternoon. 1t was announced
that they would be given at three NJ, but IL was
nearly hours lntera delay that caused no little
amount OF impatience on tho part OF the throng OF
lawyers in waiting There were only one Or two Of
special Interest The porant OF those rendered
was that in the suit brought by Samuel H. Wilson.
trustee, against Thomas T. Mason and others The oo'
Icct OF to set aside and annul the n.y.
ponccaton OF 46G shares OF Lake Shore anu Aicn gan
Railroad sock ana 3OO shares vi Cleveland ana Pitts
burg Railroad stock. shares Tor winch ucsc had
been substituted had been previously hcd by plaintiff
as trustee PIaintln Kept two bank accounts IN the
Atlantic National BanK--onc being kept as executor
and tho other individually Tie placed the snaies IN
question the hands OF Frank l. Iaintor, cashier, who
was subsequently convicted OF dciacaion and s now
undergoing sentence in Albany PenteDtiary, with Tho
know edge approval OF the president, for sale
times AS pain,in mgnt direct, pro
cceds be credited TO his account. subsequently
Tantor nad these stocks transferred TO his own name
und borrowed S50,000 on the colalcrals IRON
i. B. Wallace Co. such transactions being without
suthorty OF plaintiff or the bank. suit was brought
against bank TO recover the sum thus obtained by
Tautor which tired at Special Term, but resulted
IN dismissal, it being held that the pank was not
liable for wrongful act OF Taintor An appeal was
taken from this Judgment to tho General Term.
very lengthy opinon has been written by Judge
Daniels IN the case, IN which be recitcs all tho
sompcatcd facts growing out oil ihis iitisation as
heretofore published, IN the course oil wbich nc an-
madyerts upon tho strong temptations present
Ing Themselves to operators IN stocks VINO
nave with losses 10 hazard the commission
crime, by embezzlng funds intruscd 10 their charge
In order 10 avert impending financial DISASTER Atcr
stating ali the act Includng the CLAIM Of Belmont
Co. tor advances the same securities, holding mat
the latter nrm nlmpcachablc and tbelr conncc-
tion with perfectly legitimate, be also hods
that the endant, Mason should have had judgment
IN his Iavor, tnat AS to MN and the Atanlc Ma
tionaI Bank tue judgment should DO reversed ana a
new trial ordered. AS 10 Wallace q Co. ne says that
another tria is necessary
Anua T. Liv ngstonc, as executrix OF her husband,
brought suit against Asa Curtis her husbands former
partner, in VIII ch order refused TOR the dls-
In IN Ipo aIinnf
tho examination OF defendant denied. Appeal from
these orders taken 10 the General Term OF the
Supreme Court by tho pIani and the Court gave It's
A settlement, II appears, was had with the deceased
while be was In feeble condition, IN regard TO
WHICH no anerward told his wiio that I'M rortant
credit had bccn omitted Tho remaining partner re-
fused her an examination oil tho books verify tins
uutemspt Judge Daniels holds that II Is
p,cious circumstance not to permit the examination,
and he, therefore, rcverses the order refusing sucn
examination. lie also grants she order for exami-