Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-04-27

SUMMON CsuHr.-Thnrsday, Apn Zoth.-beseFe
Ralph Pomsroy versus James K. Underhill This
was IN acton TO recover the amount OF tive notes
enc for $l,275 and the other for $3.50 made by tho
defendant and alleged TO have been boas fde, par
chased by the plaintiff before maturity for valuable
consideration.
The plaintiff is, or was Director in the Bsllevills
Bank, having Office in Wall street, and employed
TO issue and redeem the nstes Of that bank The de-
PENDANT is colonel in SEINE service, alderman OF
Brooklyn, merchant trader, Spectator, gentle
man, and we know what besides.
The notes we're proved-together with their sale to
Mr. Pomeroy.
The defence was usury, and want of considera-
ton.
Mr.. Seymour examined for the defence.-The note
for Sl275 was one lent to me by Mr.. Underhill to
Jake up another note of Mr. Underhls that lay pro-
tested a. the Mechanics Bank. ! gave him two
notes fer that one note; one for $500 and one for
3775. gave him these two notes merely memo
randa for which he lent for al275 After this,
l wanted 10 borrow some money; applied TO MIR.
Brown, who pretended to be broker in Wall street.
ne was also Methodist minister. He offered to lend
me $500, for bonus Of $50. deposited the note
with him as collateral security. gave him check
dated week ahead. The check was not paid. 1 af-
forwards went to borrow more moneys he lent me
$500 mere; and l sold him the note Tor those two
loans of $500 each giving him the shave of s275 and
the bonus of 500 He paid nae the first loan in Belle
VILE notes. Igot these discounted for or per cent
He paid me the second loan in Belleville post netes
could not get those discounted under 9 or 10 per
cents they were dated IL months ahead then met
Brown and told him that as | had allowed him so
large shave could not pay 10 per cent for the post
notes. told him would take back the note and pay
HIM the money. Herefused TO give me back my note
said he had parted with it, told him that the note
would not be paid, if lost the 10 per cent.
Cross examined told Brown it was business
note. He told me he had not the money but that is
always the case with the brokers-they seldom speak
truth.
Counsel-We don't care whether they speak trath
or not, Sir.
Cross Exam. cenriuued.-Brown said he'd talk
with his boys, Dantorth and Jones-he did talk with
them, and they paid me the money. The only use
that Mr. Uunderhlll was to make of my notes was,
that he might the $500 note to take up another of
nay notes that lay protested the notes were his pro-
pery; he had right to use them as he liked.
Examined in chief-Mr. Underh never received
any part of the money; the $1,000 that borrowed
nor any thing else, for his note of Sl,275.
Mr.. Sands examined.-I called on Mr. Brown about
this note and told him that it merely lent nste,
and that it would not be honored by Mr. Underhill
1t was considered by Mr.. Underhll in the light of
exchange note and he calculated that Seymour was
merely going to pay another note whit.
Defence rested.
Plaintiffs case resumed.
Mr.. Brown examnsd.-I bought the note Of Mr..
Seymour; he told me il was business note; had
no interest in the Wall street brokers' Office occupi-
ed by Danforth & Jones. called them "my boys"
because it was a loose way Of speaking had got in
to, and because brought jones up from boy, and
he married my wfe's sister. had sort of Office in
Wall street, and did little business there on my own
account.
Counsel-You shave notes occasionally
Brown-Well have shaved note or two.
Counsel-You did this on the six week days?
BrowR-Yes
Counsel--what did you do on the SEVENTH
Brown-Must tell2
Counsel Certainly.
Brown-Wel / nYpached
FIRST Counsel-Well, You shaved notes six days,
and saved souls on the seventh
Second Counsel-I don't see what that has to do
with il.
First Counsel-You believe the bibel
Second C0unsel-Certainly.
First Counsel-That says we can't serve God and
Manmon.
Second Counsel-But the bible is no authority in
this Court.
FIRST Coansel-How, sir7
Second Counsel mean it can't be considered le-
gal authority.
FRS: Counsel-well, Mr. Brown, how much did
you get by this little piece of religious devotion at the
shrine of Mamnonf
Brown-I got the shave Of sz75 and the bonus of
$2o, and the discount of or per cent the Belle
willie paper on $780, and ,he discount of 10 per cent
on the $500 Beeville post notes.
Counsel-Very msderae-only 1856 out Of Sl275;
no wonder the note is not paid. Did DaRfsrth &
Jones get any Of this money!
BrowR-Not a cent.
Counsel-Yoa got ALI
Brownies.
Counsel-very kind Of them to let you have money
fsr nothing. How came that abeutf
Brown-Well, YOU see, there are many ways of do
ing things.
Counsel-So should think
BrowH-You see, called all this commission; my
acquaintance is very large, and I've got good many
friends in town and'country.
Counsel-well, you'll not have many friends any
where, if you act so long.
Brown-The boys always allowed me to put $50
in my pocket when I could for any little accomms-
daons could make for my friends, so that now
and then throwed something in their way. / was to
have the $40, and was to have the 9270
Counsel-Yss; you was to have all.
Brownies.
Counsel-But the boys were to have nothing7
Brown-No; the boys were TO have nothing.
Counsel-You had no money Of your own to lend
Brown-Oh, mol
COunselz7,Yet the boys gave you every ,hine7
Brown-Exaetly.
Counsel-Uncommong good Wall street boys them;
pity there amt more Of 'cm-them boys scarce
as black swans.
Brown.-Well, they be rather scarce
Counsel.-Who is Mr.. Pomeroy, the plaintiff
here.
Brown.-Hes director in the Bellevllle Bank-he
has an Office here, and redeems their notes.
Counsel.-And gets rid Of good many rs well as
redeems them. What was this note OF $3.50 given TO
you fort
Brown.-l found out that Mr.. Underh wanted
e5 900 on bond and mortgage OF real estate. got
$1,000 Of Mr. Tindal, and $1,000 in two notes Of