Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-02-21

The birthstone was transferred the next day. and
samples exhibited in Wall street and other nlaces
whefe merchants most DO congregate-as the only
four-and-twenty hours advanced Just 500 per cent
to purchasers in general but his Satanic Maiesty's
agents might have purchased for trifle less cash
down. Ii appeared, however, that the ants
had a second little parcel of birthstone stored in
another warehouse at Brooklyn, and thew offered TO
supply his Satanic Majesty any body else, for
eighty per cent advance, and cash down
The plaintiffs finding themselves unexpectedly
cornered In the operation, insisted the bond"
and relying on the words entire parcel" gave the
defendants notice that unless the other 60 tons
resorted to.
After much diminishing between the LAWYERS on
each side, Mr.. Prescott Hall succeeded in conyinc-
ing the Court that in order to understand the con-
text the broker who made il must be put on the
stand, and this gentleman testified that he UNDER
stood the words entire parcel' to have reference
10 me birthstone stored in the identical warehouse
other.
The plaintiffs, therefore, submitted to a nonsuit
to the great JOY of his Satanic Majesty who sat in
court chuckhng at the defeat of the spectators,
VINO wanted to monopolise a commodity which il
SO essential to the carrying on Of his professional
avocations.
For the Plaintif-Mr. King.
For the Dcfendant-J. &. Prescott Hall and Mr.
Butler.
Daniel w. Colt VS.. Eugene Grousette.-This was
an action to recover the balance of account which
had accrued to the plaintiff, out of the follow ing
transaction. The defendant, in the wear 1894 i'm,
ported quantity of claret wine which he intended
for the South American market. Being in want Of
funds, he applied to the plaintiff, merchant of this
city, to make an advance TO him, on hayin the pro-
ceeds OF the consignment of wines assigned to him.
The plaintiff gave two notes for S60O0 and the wines
were consigned to the house Of Ruth, Quincy & Co
to be disposed Of and the nett proceeds RENTED to
the plaintiff. The shipment did not however, meet
ready sale, and some portion was bartered away
for quantity Of ''chancartha," coarse kind of SUI
gar winch was shipped to this port, and sold by the
house OF Grinnell, Minturn Il Co for $67 81. Ano-
Their portion of the wine produced at Valparaiso
SSS, which was placed to the credit Of the plaintiff
and the remainder abandoned to the custom house
officers, as not worth the charge of storage. The
plaintiff now sought TO recover the difference be-
tween the amount he had al and the nett pro-
ceeds OF the shipment to the house Of Ruth Quincy
x Co.
This was the case the part Of the plaintiff
Mr. Johnson, for the defendant moved for non suit
on the ground Of the. proof before the Jury differ
ring materalw from the ground Of action laid in the
declaration. His honor overrued the notion
The learned gentleman then called a witness to
prove that the plaintiff had an interest in the house
at Valparaiso which fact would have excluded the
testimony ON the part Of the plaintiff.
The counsel not succeeding in this expc riment
his honor directed the jury to find verdict for the
plaintiff.
The jury Immediately found for the plaintiff
Damages, S6,SlS 81.