Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-03-14
SUPERIOR CoURr, Tuesday March l3th.-Before

Judge Jones.
Samuel Nissan versus Seth Geer.-This was an
acsn to recover the amount of a note $4,000. The
defence set up was that no consideration had been
received for the nste. Ii appeared in evidence that
in November 1886, Mr.. Joseph King called on Mr..
Seth Geer and told him that he could raise msney
his (Mr. Geers) note Mr.. Geer then drew two notes
and gave them to Mr.. King, one for 60 days. and one
for 80 days, for $1,000 each. Mr.. King went away,
but did not bring back the money In few days
Mr.. Geer saw Mr.. King, and the latter told him that
he had got one of the notes "done," but could not
get the 90 day note "done" he therefore returned it,
and II was destroyedj the money, however, wns not
then forthcoming In the interim, II appears that
King bought three houses and lots in Bedford OF
Mr. Ksssm for Sl0500 to be paid for in cash Of $4,000
and the balance to remain on bond and mortgage for
three years King could not raise the cash, and Kis
sam declared the bargain void; he agreed 10 renew IT,
however If King would give him some good deposte
that the $4,000 should be paid in a mentn King gave
Seth Geer's note with the understanding that il the
$4,000 was not paid IN month, the note was 10 be-
the property of Nissan rs forfeited deposite
The menth expired, and King could not raise the
cash. Nissan then agreed To give King another
chance and said that if he would raise the $4,000 cash
and give him $1,000 more for the property and give
HIM the extra $1,000 then in good note, he would
sell the property Seth Gecr to save his uote raised,
that sum- Nissan then sued Geer for the amount Of
the $1,000 note which Geer contests on the ground of
consideration having been gwen for II. Testimo-
ny was offered to show that King and Geer bought
farm together in Westchester as evidence that they
perty and other specuatons. This was overruled,
and verdict was rendered for the plaintiff IN the
amount claimed, subject to the opinion Of the Court
PoIrcE, Tuesday, March l3tb.-Hor,s Jsckeyisg.
The only case Of any interest here today was that
Of horse Jockey, brought up and held to bail
charge Of horse stealing II appears that Mr.. VIM.
Lull, of Boston, had two very fast horses which he
wanted 10 sell A. Swan, the prisoner, (who turns
out 10 be black swan) agreed 10 buy them for
sl350i "How will you pay for them y said Lu.-
Swan TO lu Lulps suspicious, said, 81 expect draft
for that amount on from New York in day or two,
which III get accepted and pay over TO yeu"-
"Thapll do, said Lull. " In the mean time" said
Swan, al should like TO have the horses take their
time getting to New Haven, as shall ship them there
for New York, and yeur boy had better start tomor
row with them"
1.ull started his boy, Gardner Fuller, with the two
horses the next morning TO New Haven and told him
written order 10 that effect. The boy went off di
rected, and reaching New Haven, waited for orders.
Swan stad in Boston a day or two, but no draft
came 10 hand at last he told Lull that his friend in
New York did not like to send IL "Then," said
Lull, the bargain is off," Yves" said Swan, with
a sorowfuI SIGH. Which way do ysu go TO New
York." said Lull. 81 shall 90 by land TO New Ha-
ven," said Swan. "Then TIL send a note TO the
boy, telling him TO bring the horses back, u you'll
take i and give i to him" said Lull. With the
utmost pleasure" replied Swan. He took The note
and went TO New Haven, but did not give Il 10 the
boy on the contrary, he told the boy that he had
bought the horses out nd out and took The boy and
here, he went 10 Cowan's sold one horse made
bargain for the other, and giving the boy sl65, sent
hirs back 10 Boston Sparks however, got scent ofthe
affair and with his accustomed alacrtty. stop't
Swans swindlng operations and took hun TO the po-
lice Office whence he was balled out.