Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-05-29

MAY 2s--Antonio Aycsn<na vs.. SIMON My1s;-
This was before the court jury Ior inc
third time. Our readers will remember that ~ as
action brought against the defendant 10 recover PACK
the value Of gold watch and some buou1"se, wlicn
the plaintiff had placed in the hands OF inc
as security for loan which the ia!e, maui n I
together with damages for their deen,ion. AZ escn
of the four trials, the defendant naa Deen msc'eo
pretty severely and trials had oeen Sran.eo "
the court above The first verdict was S4AO, ana
the second S21OO. Similar tesunony was nv" NJ
duced each side
The cause was ably summed up on the part OF the
plaintiff, by Mr.. N b. Blunt and DIR. Gerard; ana
] w Edmonds and David Graham, Jun, for the de-
PENDANT CIV
find for the plaintiff; damages, $7l7 and costs, Tor
the detention OF the property; and we hnd the value
of the property, over and above the sum of 345.50
advanced thereon, to be 1854 90.
Laurence 8. Corliss VS.. John Forsyth.-This suit
instituted by the plaintiffs to recover the price
Of carriage made the order OF the defendant, and
forwarded 10 his official residence the seat Of Co.
vernment. Itappeared from the testimony Of the
plaintiffs clerk that the Honorable Secretary of
State paid visit to the factory Of the plaintiffs in
the of 1886, and directed them to build him
carriage of peculiar character, and contracted for
them dispose Of his old family COACH before they
were TO he paid for the new one. The carriage was
finished in the fall and shipped fsr the Potomac; bat
unfortunately, the craft that took it out, got frozen
mp, and did not reach Washington until the middle
of January; and, of course, late for Mr. Forsyth
to display at the front OF the White House ON New
Years day. Either this some other cOntre temps
put him out of temper that he did not send back
his old coach until the plaintiffs wrste for their
ney; and then the Honorable Secretary snubbed them
considerably, aud threw the delay in the arrival Of
the old vehicle back in their teeth After this the old
family coach sent on to New York, repaired
and refurbished; and then the Honorable Secretary
determined have that home to the seat Of govern
ment, having found purchaser for the g at
a long credit" to his own phrase. The plain
tfs thought 1t somewhat indecOrous for Secretaries
of State deal in second hand coaches, and they
sisted a settlement Then the Honorable Secre-
tary discovered 9 that the same difficulty exists
here"-that is at Washington, in lSS7-"ia getting
money appears to pcrvade every body IN New
York; but he expressed his hope that times would
better soon The plaintiffs however, were of opin-
money, and they actually arrested that functionary
AT the seat of government This brought matters to
a crisis, aud Mr.. John McKeon was instructed to de-
fend the That honorable and able advocate was
however, much put to it for materials ON which to
ground his clients case for he could not deny the
there are two sides to every case, however narrow
one of them may be, MIR. Mckeon rested his on the
following technical grounds
First-That as there a contract to sell the old
carriage and the plaintiffs did not sell it, their decla
ration was insufficient, because IT had not special
count.
Secondly-That one of the partners had retired
from the firm since the debt contracted and that
probably he had not assigned his share under seal.
The Court ruled both these points against the
learned gentleman and the Jury, though admiring
his acuteness and ingenuity, thought that il Sec
retaries Of State rode in coaches they at least ought
TO pay for them within limited period, for without
leaving their seats they found for the plaintiffs, dam
ages 724 IL with costs, being the full amount claim
ed together with interest from the time the carriage
was shipped from this city.
Counsel for plaintiffs, MIR. Judson--for defendant,
Mr. McEeon.