The New York herald., 1877-10-27
THE COURTS.
WorthleSSneSs of Judgments Against
Heavy Operators in Forged Bonds.
RELIGIOUS LITERATURE AND LITIGATION
Uncertainty of Check Payments
in the Shadowy Future.
DAMPER ON THE cooLlE TRADE.

The case Of Andrew L Roberts and Valentine Gica-
son the forger has been brought before tho courts IN
another Of the apparently nterminable motions char
acterizng this case II will be remembered that IN
the suit Of the New York Guaranty and Indemnity
Company agai6st Roberts and Gleason, tried IN 'ne
Superior Court, the painti got Judgment Tor s9iooo
for loans on forged securities Tho bonds and moneys
OF defendants had. IS said previously been aacneo
by sheriff Brennan, ut the suit Of Oberg q Co, who
claimed So 900 for Roberts aud Gleason but the at
tachment, Il is alleged, vacated, and after that,
ind after the Judgment obtained by the Guaranty ana
Indemnity Company, tho defendants, as averrod VOL
UNFAIRLY allowed tho judgment 10 be entered ior
The sheriff sold SS4 0oo worth of the securities
NJ place Rivngton street, IL Is said, at nine A. NJ,
md only realized about $4,000, when ne might,
II Is alleged, have got the iu value In Wall street,
und it Is also said ne mad Sl2 900 money belonging
Roberts Gleason III possession ~ Inc time
The matter came before Judge Freedman yesterday On
order 10 show cause why ex.Sherin Brennan
and his deputy. jacob Y. Seeoacher shouia
furnish the plaintiffs attorney with luii state.
msnt OF all properly seized under an attachments
against the defendants anc what bus been oone Win
IT and under and control the Same now Is,
md also directing such Shcrn and his deputy
70 deposit all tho personal property ana money with
trust company or other corporation or person,
abide iurlhcr ordor OF the Court IN which other
attachment or attach ments issued and in which
suils pending. Judge Freedman yesterday rem
dered . decision which he says that the power of
the Court protect suilors being ample the .oniy
question rs whether proper has Doen mnde out
Tor It's exercise. The allegations In the moving Of
waste and insolvency Inc part OF tho Sherin and
his deputy aud lnsucicncy VI the Sherils sureties
arc not denied by the opposing affidavit ana must,
therefore, DO taken tor the purposes OF this
motion This being So and all parties IA interest hav-
ing united IN tho prayer Of the notion he holds Il his
duty TO interfere Tor the projection OF tho property
He orders reference determine tho ncture OF The
property seized ana what has ooen done with II.
"WAYMARKS IN THE WILDERNESS"
Before the Special Term Of the Supreme Court
Uun Narot dipu anti of
Beach against COLES, applications behalf OF
she plaintiff and tho defendant made
npon exceptions to the reieree's report MIR.
Beach, dcsirious OF promoting tho dssemi-
nation OF religious literature, about May, 1870,
placed IN the hands Of Mr.. CoIes his brotherinaw,
she sum OF to be used by him IN the business Of
anglis COLES, who had arranged TO engage IN pub
hsning religious works. among them "The Waymarks
IN the Wilderness and tho Daily Witness, with this
$4,000 Us thor capital. Ii understood between
Mr.. Beach and Mr. COLES that tho fund should be
subject TO the ordinary incidents. including risks
ol capital IN the business tne hrm, and that upon
Mr. Coles connection with the drm ceasng what re.
manned oil the $4,000 should revert 10 Mr. Beach. A
disposition OF the profit which might ARISE and provi-
son as 10 tho payment OF interest Tho Iund III such
contingency were also agreed upon, but never became
operative BY Of sucn contingency never ars-
aug us usual with Investments OF this class On the
15tn oi April 1875 Mr. Coles Closing up the business
oil lngs Coles, sold what remained or tho vi
the nIm and took payment chaLtel mortgage upon
HOuscuUlu luruiturc VI Inc Veuuee. Suusc-
qucntly part vi this lurniture was Released on pay
ment of commensurate portion OF the mortgage debt
nnd new mortgage substituted 10 cover the remain-
der o tho furniture with other goods place Of those
released A. The maturity Of tnis new mortgage, 10
nvod the sacrifice OF The properly covered thereby ~
public sale, appraisal had aud the cnattels
leased upon pay VI the amount OF The appraised
value and tho mortgages giving notes for tho unpaid
balance oi the deDL On the nearing before tho rcl-
cree, D. L. lngrahan, under order directing hm TO
ascertain how much 0l this 81, OuO remained unsunk
ut the OF tue VI tho business and
10 take account, Mr.. Coles was charged with tho
face value OF tho mortgage first taken by him-say
IS, 225-lnd was not permitted TO show the transac
tions touching the substitution oi this mortgage by
another actual value Of Tho securities, the
ground that the order limited the referee Ia ms
qury 10 the date the o the business when the
hrst mortgage was taken, ON Aprii ID, 1875. ihs
was claimed on behalf Ut Mr.. Collos 10 DO error
Upon the other hand, Mr. COLES had advanced
The firm at various stresses OF their business sums
pf money aggreglting about 81, 500, anu III writing
mp the books o tno concern, alter the termination OF
the copartnershp, had placed opposite OF
shose amounts the word 'Ioann u distinguish these
advances from capital The pa.ntiT claimed, notwiln
Standing, that these sums partook Of the nature OF
with the $4,000 iund the losses OF The Inc
rcer however, held Tho advances 10 have been loans,
aud lhat such they 10 DO repaid to Mr. Collcs,
without contribution ior losses OF The nrm prefer
tho CLAIM OF Mr. Bcuch for the balance oi tho
$4,000 fund. To this the plaintn excepted. Both APP
pcations wero argued at length General Tnomas IL.
Hubbard appearing Tor the paintn anu George w. Van
Slyck Tor tho defendant Judge Van Worst took tho
papers, rcserving his decision