The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-01-24
THE COURTS.
Important Questions of Law and
Commercial Credit.
TWO CURIOUS ISLANDER CASES.
The Everlasting
Wrangle.
THE NILES ESTATE.

case OF much Importance In relation to civil
arrests and commercial credit before tho Supreme
Court yesterday. In August last Morris Weinberg
banker ut No. Is Wall street. was arrested under the
Non-imprisonment act the allegation OF the
firm OF Carpenter Grard that he bad told them that
one Abraham lsaacs was worthy OF credit ana on the
faith OF that recommendation they had sold Isaacs
about $4,000 worth Of cigars, of which 1900 had
been paid. leaving balance OF 81, 900 The afdavit
further alleged that Weinberg knew at the
time no recommended him that lsaacs was
insolvent, and action brought TO
from Weinberg the amount OF the unpaid bal
ance due from Isaacs The latter however, was not
made party to the action. Mr.. Weinberg, through
Mr. Papc his attorney, controverted the allegations
and gave bail Tor his appearance During the last hvo
months evidence has been taken both sides, which
has swelled to extraordinary proportions Al the
sloso Of tho taking OF testimony last wednes-
day motion made by Mr.. Weinbcrg's
attorney TO vacate tho order and quash
the proceedings. Argument on this motion was
made yesterday before Judge Donohuo supreme
Court, Chambers, Mr.. Henry 5. Bennett appearing
counsel on behalf OF Mr.. Weinberg and Mr. Fine for
the petitioners Mr.. Bennett he said, being entirely
unacquainted with the evidence taken In the case,
confined himself exclusively the question OF iuris
dicon, Mr.. Pape tho attorney, reserving the priv-
cgc granted by the Court to prepare points on the ev
dence to be hereafter submitted. Mr. Bennett
claimed that tho Justice had no jurisdiction 10
grant the order of arrest in tho case, be-
actual service OF summons the de-
endant; that tho order under the code must
not be conioundcd with the order OF arrest under tho
Non-imprisonment act; that the latter strictly
statutory, and personal service the defendant was
indispensable to confer jurisdiction; that there
were only two matters in which the Court
could gain. Jurisdiction under the code--the
one by personal service the defendant within
tho State the oIher by property OF
defendant within the State. In the latter they
acquired jurisdiction the subject matter
Of the controversy, while in the former they
obtained jurisdiction over his person. That
II true that under the ninety ninth section of the
code 1t had been declared that for certain purposes AN
summons to the Sheriff with the intent to have 1t
served. But that intended solely to prevent the
statute OF limitations from taking ELECT Jurisdiction
OF the person not thereby conferred. II
simply to indicate the intent OF plaintiff to enforce
his remedy against the defendant, who might,
without that act avail himself of the statute
OF limitations 10 defeat honest debt. In
support OF this position, very large number Of au-
thorities were quoted, counsel saying there was but
one authority against the position, and that SPECIAL
Term decision which mad been uniformly dsregarded.
Al the close OF the argument counsel stated that Mr..
Pape, the attorney, would submit an argument IN wr
ting on the merits which would show that Mr.. Vein
berg acted in perfect god faith in recommending Mr..
lsaacs. That At that time Mr. Isaacs was heavy de-
pOsitor with Mr.. Weinberg and led him believe
what he had full reason to believe, that he
had ample means, but that shortly after he
Isaacsl had obtained Mr. Wcinbergs ndation,
he had not only Withdrawn his deposits, but had
drawn his account and became heavily IN his debt.
Mr.. Fine followed in opposition maintaining that the
TO show that Mr.. Weinberg and Mr. lsaacs had con-
Fpred together deiraud Messs Carpenter and others
OF a large amount OF goods that lsaacs was
ested TO obtain portion OF the proceeds rho
excitcs much interest on the questions OF law In
voved MS we'll as In relation 10 the In sin uat ms
against Mr.. Weinberg, which he claims TO be wholly
without foundation II not malicious and vindictve
II may be added IN this connection that brief state
men OF the heretofore published aid injustice
Mr.. Weinberg who 1t is claimed, has held and still
holds positions OF trust and standing in this city.