Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-10-28

superior Court.

| a. D. Before Judge Oakley
:, Oor ~ - ihe Barry Case-D,r.ctlv .f,.x AZ.
Honor had taken his seat ON the hsnoh az; nis
rose aud said that he had Just read in ,oar;- 80
per, that an attachment had been issued NV ,h EFT
~ aho ms e'ie. Mr.. Mercein He had been ready
10 snow cause ior some days. but could moi ten I.
what part OF the Hall the case was TO he hs.ra :.
no notification had been made to him. and such mat
tiers had been usually heard at Chambers
Mr. rarry addressed the Court with considerable
warmth and both that gentleman and his learned on
ponent seemed TO be laborng under some consider.
able excitement.
Eventually il was agreed that the attachment
should be suspended until Thursday, at 10 o'cIock
with the understanding that the parties should oe
before he Court with the child at that hour
Cs9ry.-!1iafthepl Mel Plum rs Lyon Leru.-l'hs
was an action TO recover the value Of quantity of
dry goods which had been pledged with the defend
ant wei known money lender, who is somewhst
celebrated as keen hand, in this Community II an
peared that in the month Of March last, negota-
ton was opened with Levy to loan SEINE ten or
twelve hundred dollars on his having consignment
o. dry good, as security deposited with him, said
SSn, Tor which he was TO receive two and half Der
cent per month until the goods were either sold bv
MN. or redeemed by the payment Of principal ssd
The day after this snug little operation had been
contaminated, some person called on Lew and ask
ca "a II ne had not got such consignment Of goods
from McPhunn, and ON Levy replying in the affirm
ative his new acquaintance told him that the goods
In question had been obtained by fraudulent means
through the agency of man Of the name of McNab,
and fled TO this country with the spos of his rogue
ry. Levy on this sent for McPhunn and told him
that he was afraid he should get into trouble and
have the goods reple vined, in which case he might
lie out OF his money for some time and mo. eever
lose all chance OF making any interest, much less
TWO ana nall per cent a month. McPhunn then
promised 10 raise the money in some other quarter
and repay Levy, in which case the latter offered 10
foreso his claim for interest McPhunn could net
raise the money them but after negoca-
ten with Hurley, an agent of McPhunn's, a sort of
conditional order n LEVY IN ell IL
goods under the direction of Hurley. After this,
Mcphunn's agent made another arrangement, BY
afoat in the market for $3.50, and with the Srov
eeeds Of the sale provide for its pay as ase ot
his own advance, and hand the balance over 10 Me-
rangement the goods we're to be sent to suetios.
Levy, however, said he had offer by privafe
contract for the goods on which McPhunn's az mt
to Levy offering at the same time to cancel he go
dorsenent II he would release the goods on ben a
ms advance and his two and half per cent SsalT
sold the goods sna the
$500. When McPhunn heard of this he sent 70
offer an additional $50 if the buyer would give up
his bargain, but the was that the goods we re
delivered and sent to Philadelphia.
On the part Of the plaintiff il was set up, that be-
ides the loss OF the goods he had incurred damages
IN consequence Of being prevented setting up in
IN this city, as he intended do so soon AZ
ne had repaid Levy the amount of his advance and
MADE other arrangements. 1t was also conteaded
.nst the SAFE was sham sale, and that the goods
were only transferred from the exchange Office of
Levy IN Broadway, to some more secure depot.
On the part Of Levy it was commended that he had
written authority TO sell, and that be had been al
ready to account for the proceeds as agreed en-
by him and McPbunn.
The Court charged the jury at great length, and
TOOK an able view Of all the facts which had been
elected His Honor told the jury that IL they should
believe that the sale Of the goods was mere color
able one and that the packages returned again TO the
possession OF Levy, then they must find verdict
Tor the plaintiff In doing so they were to put fair
value on the goods, deduct therefrom the loan, 40
also the note which Levy had endorsed, and then
give the plaintiff the balance, with such othar rea.
.onsbie danages as they might consider him enfi-
ued To- H. on the OTHER hand, the jsry should be Of
opinion that the sale was bona fde. thew would end
for the defendant
The jury were locked mp for some time, but even
ITALY found for the plaintiff, damages g. ia 80 aud
costs considering the note Of 81 $40 as cancelled
, For plaintiff, Mr.. Kimber F; for defendant, y. b.
Cutting and David Evans