Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-01


SEPT. 30.-Smih Ely W John L. La6ouisse-
This action was brought against the defendant as the
endorser ofa note which one George W. Tyson,who
figured in Wall street few years ago, until he pat
q. Il. II. to his name-had made with the forged en-
dorsement Of Pearl street merchant affixed to it,
The note was for 57S 80, dated Oct ., 1888 ap-
peared that about the time when the note was
made, Mr. Paal Negrain, Of Nashville Tenn, ar
rived in this city with pretty large bundle OF Bran
don notes in his pockets. Brandon money at that
time skunk in the market and very few brokers cared
to NEEDLE with it, Negrain applied to friend for
advice as to its sale, and he introduced him to MIR
Tyson, who finally agreed to take some OF IT at ~
per cent discount and pay with note at SIX months
having good endorsement on it: Nesrain agreed
TO these terms and took the note in payment for kis
uncurrent money. This matter being arranged, Ne
grain wanted to turn his note into cash. and for that
purpose applied to the defendant in this suit, who
happened to be his father-n-law and offered to en-.
dorse the note, and send it to his own bankers for
discount. This offer accepted, but the bank
did not like the note, and it came back to the de-
PENDANT, who Immediately handed it to his son-in-
law, telling him that il was not discountable he
had better buy goods with it. Negrain having, at that
time some tran sactions it'll the firm Of Abbott and
Ely, proposed TO them TO take the bill in part pay
ment, and to give their note for the balance railing
due the same day as the they were to receive.
Abbott and Ely did not lie such bargain, and Ne
grain then told them that they would take Tysons
note with Williams, Marsh, and Company's endorse
ment, he would take goods for the amount. a bar
gain was struck on these terms, accordingIO Ne
grains testimony, the bill Of parcels made out, and
receipt given to Negrain, whs started to Nash
vile in high spirits; When the note matured Az
ton and he found Tyson had boltcd for fear OF err
mina prosecution, and that the endorsement OF Will
liams, Marsh & Co, was forgery, and theretore,as
last esource, he had to the present plaintiff
On the part of the Defence 1t was setup that when
the no was taken by Abbott & Ely, the endorse
ment Of the defendant was never mentioned and that
they took the note without reference to that gentle
man, and consequently could not recover against
him. To sastain this defence, Mr. Negrain was exa-
mined, and he swOre positively that such was the
Fat ~.I tk.t C,th 20
would have the note but for the purpose OF
getting it discounted at his bankers On the other
hand the clerks and one OF the partners OF the hrm
of Abbott s. Ely swore that the note would never
have been taken but for possessing two such
sponsble endorsers appeared TO be on the back OF
it. The court charged that the jury mast decide ac-
cording to the belief they should repose in the two
sets of witnesses. The jury were locked up for
some time, but eventually found a verdict for the
defendant.
For plaintiff Mr. Coles; for defendant, Francis B.
Cutting.
Richard Udai, Jr. ct ais. VS.. Michael Berry
The plaintiffs in this case are the owners Of the
steamboat Sun, and the defendant is the master of
the Sutton, sailing out of this port. The action
for work and labor done by the steamer and the
crew, who were occupied with the defendants ves-
sci for So hours-the usual compensation for suck
labor being at the rate of SIS per 1t appeared
that sometime last winter the steamer was bespoke
to take the defendants vessel into the North River,
preparatory to going to sea Immediately As there
was much ice in the harbor that time the captain
Of the steamer suggested the necessity OF having
two steamboats,, but his ad vice overrued by the
pilot Of the ship, and the steamer hooked on. The
wind blowing fresh at the time, and the ice so
strong that the steamer could not make way withthe
ship, and eventually both drted into Gowanus Bay,
where they lay for twenty -four hours. The captain
Of the steamer finding that impossible for the
ship to get to sea, preparing to return without
accomplishing the object, but the defendant told
him to remain where he was, and after few hours
to return was impossible, as the ice closed them
both On the following morning, the steamer took
the ship down to the Narrows, and by the order Of
the pilot held on until they got out to sea.
For the defence, il was admitted that some COM
pensation was due to the plaintiffs but il was denied
that they had any claim for the first twenty-four
hours when the vessels were locked up in the ice.
They were willing to give a reasonable compensa-
tion, but The jury, under the charge Of
the court, found for the plaintiffs damages 225 and
costs.