The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-08-24
Vice Chancellor's Court.


Aus. 1--DEcIsoH-INroRIANr CAss.-va. z. Hosaek
sni Blunt eeseutsrs Of alexander Hosaok deesased
Hshsmch Rogers survivins ssseuor Of archibald Grocs
rom the Psadngs and petitions in this
appeared that the house Of Archibald Oracle Sons
merchants city composed Archibald Graois
his son'inaw Charles King, (now editor OF the Aner
CAM and his son. William Oracle The senior partner was
the capitalist Of tho 6rn On Charles King becoming
partner his father. Rufus King $40 00o which
Mr. Oracle supposed intended by the way OF capital
for Charles but the amount charged by Rufus Ring
a. due TO him BY Archibald Oracle Sons. During the
war, anu Immediately preceding it, they extensively
engaged in forwarding provisions Europe principally
to the British army the Spanish pennsus) in Ameri
can vessels owned by them sailing under British licences
but several of them taken by British cruizsr and
the house eSpersnceda severe loss or those captured
were the ships Eliza Oracle and Oronoko their
from Lisbon 1872 having carried out cargoes for the
supply Of the allied army, valued with their return
goes ship Pscataqua, furnished with British
license but captured and ordered to the
West indies but recaptured by American priv ateer,
ordered to Baltimore and stranded in tho val
oed at GOO ship Paas also wth;a British license, Ia
den with -four captured and sent into Gibraltar where.
under pretencs of being she. with her
CO. was condemned and sold for klS000 They also lost
by vessels sezs by the French government In 1918 Mr.
Archibald Oracle to England with view OF obtain
ing indemnity for these and other losses During his abb
sence the junior partners, Charles King and William
tfracie) acting a. his attonies mad Rufus King,
for an alleged debt of COO hch the 900 advsn
ced TO Charles formed par all the real Oracle,
consisting OF houses in which they themselves lived,
valuable estate at He'll Gate property in Pine street. Co.
at which Mr. Oracle pressed much dissaisfaction
his return. bu, ratified the assignment his had
made IT.. In l924 the firm had sacome hard for
money that the senior, Mr. Oracle had to borrow $50
from his broherinaw the defendant pay his baker
BILL being threatened thar he could be supplied unless
he paid up On the 9th April. 1874 the house failed
and James O. King Immediately shen wards RUFUS King
sold tho real estate, which had been mado hm-
brought So AGO. besides which there was property
ed to have been sold but not placed tho list Abou the
same time Mr. ArchI Oracle pledged creditor all the
claims held against the French British and other go
vernmcnts for spoliaons security debts of
house. being understood that the junior members the
firm should be released Just previous the failure the
QH n md SAwn M Al. Iall
Oracle still to be of the real estate which Charles
King and William Oracle had made to Rufus King,
Archd Oracle and Sons for and had endors
ed for them at other banks to the Of $4,000 the
notes would not have been endorsed BY The latter thew
testify had they supposed the real estate had passed from
the firm. On demonstrating with Mr. Archa Oracle in
regard it, he stated his regret that such disposition had
been made of his estate and particularly the charge
of the time remarking that if any persons
ought to have been paid should have been Msssrs
Rogers and Sons. In a conversation with Of the
junior Mr. Rogers, Mr.. Oracle told him it hard,
an e.re Of h' as S
ambiguous but did not pay the notes. the whole
Of which $42s oo was paid by Mr. Nehemiah Rogers in
cash, within year. In 1897 Mr. Rufus King died, leav
ing property that portion which would probably have
fallen to MI Charles King under ordinary circumstances
1879 Mr. Archibald Oracle died. when ascerained
that he had made his will in 1917 Twelve years before
Roger. his executors. and Esther Rogers Oracle ibis
wifs executrix to his estate According the law at
that tme executors were authorised to pay themselves in
full for any demand they might have against estate
even to the exclusion Of other creditors that the $42
900 paid by Mr. Rogers he had endorsed with
interest was good against any monies that might in
to his hands In 1872 Alex Hosack had obtained judg
ment against Archd Oracle & Sons which still remained
Old Hickory we believe pushing claims as sinst
France Naples &c to successful ISSUE not demurr
ed to- even by his very particular Wall street friends and
over $Oe 900 was awarded to Archd Oracle Sons, by
the commissioners under that indemnity. In 1886 Mr.
Nehemiah Rogers the defendant, being the only survv
ceilor by the comPlainonts, teha OF the Hosack
tate and other CREDITOR soliciting order to this
it should at be divided among the crsaitors The
reasons set forth that Mr. Rogers had become very
aged and was Inf, to take care Of il and moreover
Chancellor issued an order directing that the money
should be paid into Court Mr. Rogers appealed from the
decision He acknowledged to being aged but not inca
pable-that although born in 1895 and then II years
Of age for the last 50 years he had not experienced sim
gle days sickness been prevented from leaving his
house to attend responsibility he
was worth $500 In real estate clear and unembarrass
sent csmthst had AWAY. psd h dsS and
right to the caro- and Of the money &C. The
case carried before hs Chancellor thence to the
Court of Errors and decided the merits Of the
case being shown that he entitled to the of the
money .s executor, and it placed again in his hands
Court and the claim Of made with interest and
various expenses amounting to about $4,000 This
Ss a the
Nelson and Cowan in their places members OF the
Court and expressed opinion adverse the claim of
Mr. Rogers-stl the majority Of the Court went in his
favor, awarding him the amount Of his claim 1t now
back to this Court the question of costs Mr..
Rogers claims about $4,000 counsel fees paid Mr. j.
W. Gerard and Others in prosecuting the The Vice
Chancellor in giving hi: opinion, stated that Mr. Rogers
had been very fortunate in obtaining the full Of
his caim-he had done through technical matters and
not by the force Of equityand could well afford pay
his counsel fees As to the compainants they had
commenced in behalf of all the creditors, but changed
their position by claiming the whole $40 900 dueo them;
they could therefore, have costs against the dcfen
dant. Ordered that Mr.. Rogers pay the balance into
Court within 30 days after the taxed cos have been paid
that the clerk settle with the other two creditors pro
rata.