The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-26

Before JndEe inglis.
FEE. 3-AkrGRdtr Dearborn vs.. John Fry
has often heard Of the celebrated Captain Clark. for
many year, at the head Of the Eidridge street
watch He died somewhere about the year 1888,
leaving handsome property to his widow and tw o
daughters His partner soon followed him, be-
questhing her estate TO her children The girls
were OF extraordinary size as to person. and Of
'nsm (kebecca Ami rs d. fcieAt in mental eapa.
city az overProPortio.ed in weight Of aesh, she
being IN tact, an inbecls, bat remarkably hale and
nerd looking, and weighing nearly quite 800 los
AZ tue age Of twenty three, she had doll, which
was ner chief amusement, and cried for triaes and
Toys equally with child Of three years old. This
daughter, the mother considered an object Of the
deepest care, and left 10 her the largest share Of
the property. The sister married . gentleman
named Kncwlton. About the year 1851, the de.
lendAnt IN ms case. Mr. Fry, prevailed upon Re-
latter was small by the vay)-well knowing that
her property was worth possessing, even if all the
world, and himself to boot, did net consider the
lady help meet" for hm-thoagh even in that
respect tastes and opinions differ! He thus OBJ
tanned control Of her estate during her life time.
but that was uncertain, particularly, as, from her
unwieldy form, she could not andres her
self, or even tie her own shoes. He induced her.
therefore, to sign n deed, whereby Fry aud wife
sold the property in question to q friend Of his
named Martin Luff; and the day following the dc
livery OF the deed, LuG rec0nveyed the estate to
Jeha Fry IN person. thus cutting Oft the wife from
uoE hnucEIt1uCo ulE8. II 0aO an aunt IN iuSHlnS,
sister to her mother, who the latter, on her dying
bed, admonished her to consult and confde in
whenever she wanted friend. After getting the
property into his own hands, is said, orders were
given that Mrs. F. should not associate with her
relatives. She, how ever, ON discovering what she
had been prevailed upon. under plausible yepresen-
tations, to do, left her husband and went to this
aunt at Long Island, having lived with him but 4
very few months. Her sister, and her sisters hus.
band, were about going to Natchex, Mics, and she
accompanied them hither, but was attacked with
in her 18th year.
Of the property owned by Rebecca Ann Clara,
in her own right, at the time of her marriage with
Fry, was The valuable estate 2ll Broome street,
Corner N rfolk) now occupied as grosery store
by Mr.. David I. Pershali, and Is q dwelling. 1t
was then improved by her cousin, s. h. Feeks, in
being the
to Laf became known, and Mrs. Fry had lett her
husband, Mr. Feeks her next friend, entered pro-
ceedings on her own account, in the Court Of
Chancery to get back the property. Fry, how
gave lease to Mr. Dearborn plaintiff in this suit,
tor one year certain with a privilege, on his part,
for two years longer, should he so elect. After
the deata OF Mrs. Fry, her sister laid claim as heir
at law-(a partial compromise had been effected)-
and the plaintiff, in October last, was focibly ej=c
ted from tie premises-his stock Of groceries put
into the street, and great injury caused to himfrom
the loss OF his stand and being thrown out Of BUSH
ness. He, therefore, brings the present action
against Fry. to recover damages for fraud aad de-
cePtion exercised by him giving lease o.
property for which he was not duly authorized.
On the part of the defence, it was commended, in
the first place. that the lease was not binding for
mere than cne year, the revised statutes declaring
that an implied contract shall not be valid and,
secondly, that he had perfect right, under the
deed from Luf to give the lease, having stated to
plaintiff at the time Of his taking it, that the pro-
perty was in dispute.
The cause was ably conducted by those two
young gladiatOrs of the law, James T. Brady and
Horace F. Clark. After the summing UP, Judge
Inglis decided that he would not charge the Jury
unit Monday, (this being argument day) and the
Court adjourned to that time.