Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-12-13
d. II. OIrsu.e. Uelrs.


bo10re Judges thompson ana Beets.
Dsc. 2.-7xs United Stetss- 7uIotson.-Ths
"a strict Attorney stated the case TO the jury. II
1as m action brought against the defendant one
q sne sureties Of Samuel l.. Gouveneur, formerly
!. ,n nmaster OF this city, to recover the sum Of
$4,000, for which no had become Bound TO the gov
e, nment, IN case Of any defalcaon ON the part Of
thelr agent. The bond, dated SOth Dec. 1888, was
read aud admitted by the defendants counsel and
aisos that Gouvernenr entered the duties Of the
Office LIST Jan. 1922 and continued therein until July
1850 when he was removed.
a mass OF accounts were then produced by the
district Attorney, with statement under seal
sued as to whether the law made these documents
evidence against the sureies As well as against the
ohcers OF the post office department.
Judge Thompson decided that the statement was
prima iace sufficient against the sureties as well AZ
against the postmaster himself .he decision was
excepted to BY Presct Hall, the part of the de-
PENDANT 80
The District Attorney then offered testimonv "a
prove that when Mr.. Gouvcrneur was removed
IRON office, he was defaulter in the sum of S5I.
ooo,zS alter making the necessary deductions et-
cetera Herethe plaintiffs rested their case.
Mr.. Hall offered to prove the amount of the var
dict which the government obtained in this Court
against Mr. Gouvernear, which was only gao OO6 Is,
and ne contended that even if his client liable
at all he was only liable in that amount and that NO
more could be recovered The District Attorney oh
Jected, and long argument ensued.
The Court decided thatthe recovery, il any, against
the defendant must be limited to the verdict Obtained
against Gsuverneur.
Mr. Hall, the part Of the defence, then read sew
era sections Of the act Of Congress which regulates
any default occurs the Post Masters sureties must
be sued, within two years, if at all, and that NO
recovery cn be had but for balances accrming with
in two years. He then con,ended that Con vernemr,.
oefacation began in the first quarter or his official
duties He also contended from the state Of the ac-
counts that ne must have coutiaued to be defauler
if at all, during the years 1929, 80, 81 and 81, and
that the statute bars any recovery because the ac
ton was not brought until the 9th Of Oct 1897
Judge Thompson in his charge to the jury, said
that IN the course proceedings questions
had been raised on the necessity Of the Post Office
accounts. which had been adduced in evidence 90.
ing before the jury II had in the opinien Of the court
become necessary because there verdict must rest
two points, which could only be determine ed from
such source First. tbs period hen the first de-
fault II any occurred, and secondly the amount az
deialcation prior to period two wears preceedinr
the time when this suit was actually commenced
In institnting this enquiry if they found pre- vous to
thcS period thus specified no Indebtedness on the
part of Gouverneur TO the governm. Mt then fLe
defendant as his surety, would be entitled to YER
dict 70 establish these facts the more eces-
say as IN case OF decision of opinion Of the Cont
final adjudication must be had before the Sunreme
court and IN which court case to be carried nm
must De based on facts found and which roula only
be found through jury.
The District Attorney contended that no d. r,,c.-
ton can legally be supposed to exist until final bas
lance Is struck, and that none was made out until
July, 1896 when he was shown 10 be debtor in m.
sum of $40 0OO.
Judge Thompson said the Court had dificultv il
deciding points and they should leave i IN
the jury to say first when the first defant ara
secondly, what were the amounts Of the several
oessnits wnEn Two years, Immediately before the
comm cement of the snit ~
u was then shown from the statement ON the part
OF the PiantIn taat Gouverneur not a defaulter
in October 1885, and the defendants called w;snss
to show that the Post Office accounts previous 40
July 1880 II was then proved That during tho time
Of his official duties MIR. Gouverneur rsssa;v.a 49,
sum OF $4,000 from Mr.. Hamilton. and also a sum
OF SO 500 from Barnabas Bates on drafts Of Ree.;d.
I'll OF which, i was said, hi gone into the account
OF the Post Office and it sire nousy Insisted Nv
the plaintiffs that his sureties were liable for II
which passed through his hands for the pos,ace &c
letters The defendants counsel contended that If
Mr. 1iliotson was liable II ALL he could only be liza
bic for the default OF The Post Master pre3sr ana
not for his acts IS general agent. s
In conclusion th Court charged that If the ;,rv
found no default previous 10 the two wears .Sovss
be legal. "o"'u
A sealed verdict was then erected and the ccurt
adjourned. s0"''