The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-12-25
Assistant justices, Court.

Chief Judge, 10 Hoxie presiding.
DEC. 20-IMpoRTANT DEcsroN.- Gviggs Us. Griffith
This action Of assump brought to recover tho
of S575, under the following circumstances The
parties were or had been Of charcoal sd of
number who had associated themselves together, Under
the title of the Charcoal Company and for greater
venience appointed the defendant collector Of the
office and the others performing the with
the understanding that the proceeds to be equally
divided at the expiration Of every month.
On the part of the plaintiff it was shown that Griffith
had settled with all the other members Of the Company
by paying them soa5 their share Of the months nspso
ton ad paid the defendant account and being
called upon for the balance refused to pay unless de-
duction made of 81 25 for losses ncs aseertene
which the plaintiff refused to allow and therefore brought
suit.
the opposition with the title Of the Butchers Champit
contended that the plaintiff had failed to show that the
money had and received and further that the deen
dant had declared the dividend of being for cash
able to collect the latter the whole of he could not
be expected in his official capacity of treasurer to become
and conended that each member 81 the Company should
bear his equal proportion Of the Losses To thsth plain
tfs counsel demurred and after quoting
thorities supposed for instance of the Erie
Railroad any other corporation should declare div
dend and upon the applying for it, to be told
it not yet collected he had doubt the president and
directors would he held personally responsible This he
also centended the situation of the defendant and
he had anticipated dividend (and paid to some) must
suffer the consequences end not come upon his client for
relief
and summed up by His Honor Judge iioxc, who gave
lucid charge the jury the points Of law and con.
cluded telling Them that although between
the defendant aud the Erie Railroad might at first sight
appear plausible still in its essential features
reiy different for (auns the responsibility ofthe Off
cers) in the the road had neither paid
declared dividend whereas the defendant had only
declared but actually paid dividend Of than he had
received Still. having pursued such mprudent and
unprecedented thereby exciting the hopes of the
partners in the charcoal Company, he equally cul
pabe and must therefore be considered his individual
oss and the jury would therefore find verdict accord
ngly.
Under this chargethe jury rerei and after absence
Oftwo hours returned with verdict for the
plaintiff of the full amount claimed 1878.
As after the able charge Of Judge Hoxie and the
dict Of the jury it is probable there will be appeal
from his decision, the following questions may there
fore, be considered as settled, viz =
First-Tha the president and directors of incorpo-
rated company, by declaring dividend and not paying
it, make themselves personally responsible.
Secondy-That the treasurer of private company by
paying advancing advidend which he does not has
not received, has no redress Tor payments.
Thrdiy-That the Erie Rail Road has never paid dvi-
dend, nor is there hope it ever will.
Fourfhly-That Judge Hoxe has one of the clearest
heads among the Ward Judges, and may be considered
Chief Justice 10 Hoxie OF the Ward Courts Of New York