The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-07-26
Circuit Court.


JuLy 25.-Solomon M Pike VS.. Jacob .4ek,r-some
men, however active. energetic and enterprizng they
may be, seem born TO i'll luek-such appears he the
with plaintiff He became unfortunate in business some
three or our years ago with the firm of Crommeein
Tiers Co who kept wine establishment in Pine street
1--WE believe next TO the Custom House) and one or two
other places After the firm had dissolved he removed TO
no 81 Bowery, where he occupied store and DIV cling
Here he was bounced down upon by Col Jones the then
Deputy Sheriff, and his stock and furniture levied upon
or debt due by the firm being the first notice he
declares that had ever been given him process being
issued lie always signed his name = Nj. Pike that the
world usually called him SAM or shortness probably
as the old term she known by the name OF Samuel
name He made affidavit complaining that declaration
had ever been served upon him. which affidavit was filled
up Samuel" and he subscribed TO it, IS NJ Pike his
then attorney, not knowing that his Solomon
In hopes OF improving his fortune he off to Mobile
where the caprcicus goddess had blsndly smiled upon
him. and he on his return New York with trunk
ul of rocks having aboutSe000 in it principally in gold
when trunk money and all stolen from the house at
p9iaaepha Wnsh he put up a for the night and he
or money have again appeared for him. The present
an action ofrepey it being commended that the property
OF solomon NJ Pike cannot be levied upon under process
against samuel NJ. Pike The defence would probably
have avaed him. as the Court seemed think there was
which he only complained of irreguarity as TO proceed
mgs was brought up, and after argument non uit was
allowed The jury estimated the damages to defendant
ForpaintiH Messrs. Carpenter and Crst For defend.
ant, Mr.. n d. Blunt.
Reed g. Gayrs Ed,ein Skinner and sardis .4nen.-Nlr
skinner belongs to Oswego aud came TO New York for
the purpose of dealing" with of our merchants
and obtaining supplies" He procured goods to the
amount OF nearly $1,000 from plaintiffs part of the
for which were endorsed by Allen who also resident
OF Oswego, and of the firm of Allen Marvin. Payment
OF the notes is refused on the ground that they
dorsed in accommodation and therefore binding so far
as relates to Allen Skinner qualified in evidence
and stated that he bought the goods of plaintiffs on his
own responsibility, and that delivery had been made
hnthat they then asked him if he could obtain Allen
as an enderser and he replied no. they then enqured
they might not be permitted to ask Allen endorse
would assist them in having the paper negotiated He
sented, and in this way solely for plaintiffs benefit the
notes were endorsed by Allen clerk in the employ.
ment of plaintiffs the contrary that the goods
were sold the express understanding that Allen ives
to be endorser that they not delivered and more
than that he (the clerk expressly ordered TO de-
liver till the paper had been perfected and paid in.
The Court charged that if the story Of Skinner was en-
titled to credence the plaintiffs could recover as the
notes had been endorsed after the delivery Of goods
and for plaintiffs benefit but should the testimony the
clerk be found the most probable under the various
cumances connected with the case, and they considered
him worthy of belief then the defendants were clearly
liable, The jury gave verdict in favor of plaintiffs
skinner at the commencement of this suit made over
all his property, understand Allen He was arrest.
ed on Saturday complaint of another creditor charged
with obtaining goods under false pretences.1
For plaintiffs, Messrs Cowles, Barker and Webster
For defendants, Mr.. Norman Bennett, of Oswego