Volume 36 — New York State Reporter

■ Both parties reside in New York, but the defendant began the. Massachusetts action against the plaintiff while he was temporarily on a visit to the latter state. The ground of that action is a promissory note made by the plaintiff and delivered to defendant for $1,342, which was immediately indorsed and delivered to one Annie C. Wood, as-trustee, the money loaned upon the note belonging • in fact to-Miss Wood.

<p>Vendor and Purchaser—Moneys deposited to secure payment of ASSESSMENTS—EVIDENCE.</p> <p>On the execution of a contract of sale of real property to defendant, plaintiff’s assignor deposited a sum of money with a trust company to secure payment of an assessment which he was trying to reduce, and entered into a written agreement directing the payment of such sum to defendant if he paid the assessment, after a certain time. The assessment was reduced, and defendant paid the reduced amount. In an action for the balance of the deposit, Held, that evidence was inadmissible to add to or vary the terms of the written contract; that the contract was one of indemnity only, and that a direction of a verdict for plaintiff was proper.</p>

<p>Replevin—Fraudulent representations—Bona fide purchaser.</p> <p>In an ac ion to replevin goods alleged to have been purchased through fraudulent repersentations the referee found, on sufficient evidence, that the defendants Claflin & Co. were not innocent, bona fide purchasers thereof from the firm to which plaintiff’s assignors sold the goods, hut obtained possession with full knowledge of the insolvency of the firm and with intent to to aid in defrauding its creditors. Defendants gave no evidence. Held,, that a judgment in plaintiff's favor would not he disturbed.</p>

Appeal by defendant from a judgment for $1,532.71, entered upon a verdict directed by the court, and from an order denying defendant’s motion for a new trial.

Action for goods sold and delivered. The purchases were made by a lady who was introduced by defendant as his wife about twelve years ago, arid he requested that credit be given her on his account.

<p>Appeal from judgment in favdr of plaintiff for six cents damages and costs, rendered upon trial by the court without a jury.</p>

<p>Appeal 'by plaintiff from judgment entered in her favor upon verdict of a jury.</p>

<p>Motion for reargument</p>

The action was brought to have two chattel mortgages, executed by the defendant, Henry J. Beck, to the defendants, Edward H Avery and the National Bank of Auburn, adjudged fraudulent and void, and to require the defendant Avery to account for the proceeds of the sale of the mortgaged property and pay over to the plaintiff such part of said proceeds as was necessary to satisfy the judgment of Lewis P. Boss, a creditor of said Beck, with the costs of supplementary procéedings,…

The following is the opinion at special term : Dugro, J.—The evidence establishes that on April 16, 1885, there was on deposit in the Garfield National Bank, to the credit of Patrick McCann, a balance exceeding $660, which had been derived from, and was an asset of, a partnership business conducted by plaintiffs and Patrick McCann prior to and until the mentioned date; that this balance was, on said date, transferred by Patrick McCann to the plaintiffs, notice of which was…

<p>Appeal by defendants from judgment entered upon conclusion ■and finding made by judge at special term.</p>

Johnston Company to allow an examination of its books. The following is the opinion at special term: Lawrence, J.—The answering affidavit to the application on the part of the relator for leave “to examine and inspect, and to take extracts from the records and books of account of the William J. Johnston Company, limited, and the book kept by said corporation containing the names of all persons who were, or since the incorporation of said company have been, stockholders of…

<p>Appeal from a judgment entered upon the verdict of a jury, and from an order denying a motion for a new trial.</p>

The action was brought by the plaintiff, a seaman, against the defendants, as managing owners of a vessel, to recover damages for an assault committed by the captain of the vessel on the high sea upon the plaintiff. The issues were brought to trial at a jury term. At the close of plaintiff’s evidence the defendants moved for a dismissal of the complaint. The motion was denied.

Motion by the defendants for a new trial on exceptions taken at the Monroe Circuit, and ordered to be heard at the general term in the first instance.