Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1838-02-06


New York Lying-in- Asylum, 400
New York Female Assistance Society," 400
New York Female Benevolent Society," 400
And the resolution refusing TO give donation TO
New York Clothing Society, Orphan Asylum, Half
Orphan Asylum, and the ST. Georges, Society were
also carried, like the others, without division.
Left sitting.
CIRcurr CorRr-Monday, Feb. 5-Before Judge
Edwards.
Lott Clark vs. Henry Lynch.-Ths was an action
10 recover the amount of 100 shares of the Long Is
land Rail Road stock which the plaintiff alleged he
sold Lynch at $3.50 per share, and which Lynch
agreed 10 pay for within given time For the PLAIN
tiff Mr.. Hart was produced together with book
from the Board of Brokers recording the transaction
on the 7th of October alluded to by the painnE Mr..
Beers also stated that the contract between Lynch
and Clark was that Clark was 10 sell to Lynch 100
shares of the Long Island Rail Road stock, devera
BILE at the end of so days. and payable them delv
cradle at any time within The 80 days, at the option
of the buyer.
On being asked to explain what was understood in
the Board Of Brokers by the words "opdon of the
buyer" he replied that il meant the buyer was 10 give
one day notice the seller he took the stock be-
fore the end Of 80 days. but II ne did not take before
that time he was bound to AXE hen without
days notice.
Mr. Cutting for the defendant, ruised an objection
here on which 10 ground his motion for suit
because the plaintiffs declaration set forth that the
stock was deliverable at any time within 30 days
whereast appeared in evidence that he had to give
days notice. .u
This objection was overruled by the Judge, who
stated that however important the technicalites used
amongst brokers and bankers ard merchants might
be their daily business transactions, still they
were not I'M court Of justice to be allowed TO super
sede the obvious meaning of words in the English
language
Ia was also contended for the defendant, that in
making the contract for the purchase Of this stock
ne was only acting broker or agent for Mr.
Kemble at pay Of quarter per cent and that Mr.
Kenbles failure TO comply with the contract did not
render him liable. fu
This was also overruled.
II was then proved in evidence by Mr.. Hart that
the time for purchasing these enc hundred shares OF
stock fell due or the 9Th November And that on
| the 7th of October immediately preceding, there
were two cash sales of the stock at 99t-snd one
cash sale at 99tand one other sale, not for cash. at
100.
The secretary of the company proved by the books
that there entry IN them to the credit of Mr.
| Clark 10 the following efiect:-
"Lot Clark by allotment, 100 shares"
Mr. Beers also stated that he took certificate Of
| the 100 shares 10 MIR. Lynch the day the stock
fell due and he refused to pay for or purchase the
| stock This certificate stated that Mr.. Clark had
paid IS share on 100 of these shares, and that
soon as the remaining S45 were paid and that piece
Of paper returned, proper Certificate OF the swner-
ship Of the stock would be gwen, or the debentures
or the scrip Of the company; IN other words, the
title deeds, so to speak, OF the stock would be
| given.
Mr.. Cutting now contended that before suit can
be brought for a non-fuhment OF contract 10 pur-
chase stock one party must make an actual tender
transfer Of and the other must make an actual refu
SAL And that the seller must remain at the bank or
Office Of the company owning the stock TILL the latest
hour in the day al which the transfer books are kept
OPEN He also contended that scrip Of any kind is
not stsck and that transfer tender OF scrip not
transfer or tender Of stock, and that refusal TO
\ psrchase receipt certificate or scrip was not
bona fde areusal purchase the capital stock itself
Mr. Grst, fer the plaintiff, commended that the cert-
ncate was an evidence OF the ownership OF the stock,
and that no other stock was issued ~ any bank ex-
/ cept thesc certificates.
Mr. Cutting replied, that the only paper the plain
treyer had was receipt for rs, pain in, and that he
never had an actual certificate Of ownership Of stock.
The Judge decided that before the action could be
| rnsintaIned il must be shown first that the tender
was made and refused and i was not necessary for
tho seer to reman Al the bank the whole day. or tIl
the final clese Of the transfer books IL must also be
shown that the plaintiff actually IN condition 10
make the raasier--wss able ss the actual owner OF
I produced ns rendered 10 Mr.. Lynch, was not the
stock, and he therefore non suited the plaintiff.
cor.r or sssmors-M.sds Feb. b-The cour,
opened ,edsv fer the term. The only case tried to-
day was an assault and battery of rather an unusual
| naiure IN seems that Mr.. and Mrs. Nett with a
child and little servant GIRL occupied one part Of
house, and Mrs. Darling and her darling daughter,
very pretty rrl occupied the other part Mr. Oar
lne n.ul,ed and heat the little girl-Mrs Mott re-
| monstrated with the mother-the mother got mad
| and called him ian English transport" After this
| his child died, and Mrs ID. told him BY nuendo that
he and his wife were csnnibsls-thst they did actual
ly cot ,hsr own chld-then he poked long stick, or
something At the arl-then the neither threw back.
| ct OF hot ashes over Mr.. M.-snd the pretty girl
threw pail full " water over him. On this he seis-
the pretty girl snd most unmercfuy checked her. for
which the jury found him gallty,