Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1839-04-17
Law Intelligence.

Law Intelligence
SUPERIOR CoURT April l6-Before C.. ]. Jones'
Cornering samuel Hart, sen. VS.. Hugh Nc Farlane.
Mr.. O'Conner stated the to the jury. The
learned gentleman said that it was action to
the amount of note for Sloi2.SS made by the
defendant, to the order Of and endored by a gen.
tleman of the of Seth briggs. The note having
been put in and the signature Of the defendant adj
mtted by the learned counsel on the other side the
plaintiff rested his case.
Mr.. 4. B. Cutting for the defendant said that he
expected to make out that the note in question
given to secure the payment Of a greater rate of
interest than allowed by law, and if he should
establish that fact, verdict must follow for his
client. After entering into variety of statements,
he called Mr.. Seth briggs to the stand
From the testimony Of this witness it appeared
that in the early part ofthe year 1887 he was applied
pose Of enabling MeFarlane to get into business
wine merchant, by which he said he could certainly
realize from IS 100 per cent the capital employ
ed. After many enquiries into cFarlanes character
and eonside raDle negotiation, Mr. briggs con-
cludcd on advancing the requisite sum, the as
that he should have onethird of the profits
and that guarantee from McFarlane should be
given, tL~s tho eh~ld bc less than % per
cent on the sum advanced The money was handed
over in three different sums, and on the l4th Of
February, 1887, McFarlane sent to Mr.. briggs two
memorandum notes, one for S3l3l 40, the other for
S3l3l.4l, both payable al twelve months after date
Towards the maturity of these notes briggs applied
several times to McFarlanc to know about the profits
but being able to get any satisfactory accounts of
what had been realized. told McFarlane that he
should have casion for his money the end of the
year, and then by way Of bringing him to- settle
mont, one OF the notes was sent to the Manhattan
Bank for collection. This note not paid. but
arrangement was entered into, by which McFarane
paid of $40 and gave another note for the balance
which note passed into third hands, and is yet
unpaid. The second note for SSl3l then
newed in smaller To enable Mr.. briggs to
collect his dvance and more One Of these notes
was sold by Mr.. Hutton Of Wall street, to the plain
tiff in this action.
n u l..., Al ra~t
that he could depose to that Mr. briggs, who is
in partnership with Williams, paid 5000 TO the
defendant, which part Of the sum advanced, and
for which the notes were given security or memo
randums. After the reading Of some letters acknow
Lodging the debt to briggs and promising to pay, the
counsel on both sides summed up the case
The Court charged the Jury that the action was
evidently the suit of briggs, although nominaly
brought BY the plaintiff, Hart. The jury must, there
fsre look al the testimony Of Mr. briggs il he had
been giving evidence In his II for the
jury to say whether briggs had advanced the money
loan, TO be repaid with % per cent interest or
whether he entered into the speculation with the de-
fendant TO receive one-thrd Of the profits, and
bear his share ofthe losses ofthe business during the
twelve months.
The Jury retired at one o'clock and at half past
five found a verdict for the defendant.
CoURr or SESSIONS, April I6th-Libei on n. r.
Minfurn. Second Dayton the re.assembling Of
the Court, Roome underwent very rigid cross
animation, in which he said that he had seen Mrs.
HOOme
Roome, ate, drank and slept
The following letters were also read by the Coun-
sci for the defence:
TAI
Dram s-I again (ai,hough FOR the last tme) take the
liberty OF addressing you subject the theme Of which
!. once both painful and interesting Although time,
the result of my visit my hose has convinced that
far 20. concerned had nshng 20 rcproach you s
this gives pleasure since the result your gen
tlemany department towards perfectly In unison
with one another my present object Is to the best favor
.Lafla his was al hons
say have effected partial reconciliation This
perfect bliss But things which my excited mind
caused me 70 70 Miss Wright gave her 10 understand that
had you Aner time acknowledged the fact Of hav.
ing yo. and she accused Of having said something de-
rogaory her character This stoutiy denied BY saying
did not and also that you had sways spoken the highest
Of her The favor would ash s that yos will corrobo.
your story tell her that have not said thing
ure either Of them, and that you do know my motive Cor
calling VOC DO not admit that requested you call
again Speak of the money FOR Gods sake Let art Of
hers should her. to crush down hopes
and God will bless you Th. convinced you will do Cor
Doi and you will find gratefully and subscribe
myself with respect, yours, &c. Jasrs H. RooME
D. An answer win not nece..ary do a. ask and may
God bles. YOU Destroy this note 4 you please. X
To Thomas X Mnts1n, Present
This letter was addressed to ". r. Minturn
and received by him on Wednesday, October 25,
1898. On the 18th Of November, Mrs. Roome called
on NJ. with a young man whom she introduced as
Mr. Ruggles, and stated that her husband had been
circulating reports injurious to her character and
that she wished him 10 call at her house at o'clock
1 the same afternoon.
4 fB1
| To Po,riand n. Minfprn 40 Wall street.
DEsR SfpBesg fearful les might have entrusted the
favor promised into careless hands, have taken the liberty
addressing you for the purpose Of naming that have
since O'Clock the Bank Coffee House. and having
csved anxious 10 know and therefore request the
~ Nv careful haad shall remain here us hall
past O'Clock. Obige in this instance and you will
find grateful II appears 10 the only warrantable
left by which can approach my wish
| Respectfully yours, Js, N. Roomr.
| BAvS Corrrr House. Oct nd
N. BE merciful
rel
| kpw loRx. Dec. 3lsi, 1888.
A .i.t.. ~. G.r