Common Pleas.
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july 8-John II. Ksyser VS.. .fmeriean Mutual Insur-
Company.--This action policy of In.
surance dated 4th December 1874 for $4,000 for five
months. The premises were situated at 233l Water
street. The fire occurred nth January, ls45 The
loss claimed was SS26 &c. against the defendants The
property consisted OF stavcs tin and articles
in this line Of trade. The case stands adjourned.


Henry PWonmaker, Public .idminsfrofor &c. u.s. John
ONeil.-Ths was action of trover brought by the
Public Administrator behalf Of the estate Of Timothy
Mount, deceased for about the Of $270. appeared
Mount kept livery stable his lifetime and tn az day
or two after his DEATH defendant took Of tho
stock in the stable and sold them at public auction by
virtue of chattel mortgage, made by Mount for $780,
and that the goods did bring sufficient to satisfy the
debt and costs The charge OF fraud raised against
this mortgage by plaintiff the ground that il
mere cover to defraud the creditors The defendant
proved that the receipt Of the mortgage he paid $76
down and promised to pay the other $40 In day two
that he had frequently loaned money to Mount and that
Mount actually did owe him $50 that before Mounts
DEATH he told him to take charge of all his stock that
mentioned in the mortgage and otherwise that he done
So and, at Mounts death, sold the same. The Judge
charged the jury that, If this mortgage made with
intent to defraud creditors absolutely void but II
they believed that the defendant innocent Of such
fraud, they should find verdict for him for the goods
mentioned in the mortgage. As to the goods taken by
defendant not mentioned in the mortgage ifthey belicv
ed from the evidence that Mount, in his lifetime, had
given defendant possession of them, made bona de
transfer Of the to defendant they find for the
defendant generally H. the other hand they did
come to this conclusion, they must find for the plaintiff
for the value OF those goods and II they believed the
mortgage to be fraudulent they must give the plaintiff
verdict for the amount claimed The jury will render
J. b. Haskns for defendant, j. McKeon and f. McCar-
thy.