The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-10
Common Plens.
Before Judge Ingha.

Fen 9Wiiam and .Ioan o. B,i,n u.s. Emilio G,o,,iard
Thi: was an action to recover Illinois bond which
detained ny the defendant, under the following circum
stances Tho plaintiffs commission stock brokers'
doing business at No l6 Wall street and the defendant
commission merchant. doing business at Old Slip
Goulard in company with man named Bayley, went
into certain stock transactions and employed Edward
van s.ce also Commission, ISL stock broker to make the
stock Gouard was the only person TO- be known in the
Transaction On the 2sh september last the OBriens
being members oil the Board, authorized by Van
Sice the agent OF Goulard TO purchase for him $40 600
on time. This done at fifteen days, at the option OF
buyer deposite Of $500 placed in the hands
the OBrens guarantee against loss in case Of de
cline in the stock The stock did decline and Goulard
directed the sale ofthe previous to the expiration
othe fifteen days. also, $4,000 short; that H. $1,000
stock than he actually had purchased at the time The
sale was made at loss On the 7th August van Slice
from the OBrens, for Goulsrd. The bill was made out
in the name Of the OBriens aud presentatston
paid by GSuard Van sce Seinghe agent his bond was
ceeds together with the $500 deposte placed the
credit Of 0oulard the loss transactions OF $40 600 and
this left balance in favor Of Gouard OF SIS This
lance placed to the credit OF Goulad the loss
actions Of 5000 and balance Of $7a a was struck in ia
up in the MARKET and Gonlard gave Instructions 10 his
agent Van Slice to purchase for hmsofa bond for $1,000
OBrens and the bond was purchased for ss75 Van Size
presented the bond TO 0ouiad and the price in
cash But Gouard offered his check of $40 that being
the difference between the proceeds Of the $3.50 sold and
the present purchase Van Slice refused the check md
Gouard refused to give the bend To recover hs the
The defence set up that Goulard did not know the
paintif in this suit in the transaction That he
sealing directly with Van Slice. and that the given
the latter was srpy the proceeds OF the bond Of the
august tSa'o In the purchase OF the 10Th Of October
bond $50 said proceeds being the defence alleged
IN the hands OF Van Sice and that the presentation OF
the $50 Gouar offered his check for $40 that being the
balance Van Slice was the principal evidence for IN.
bal authorized the OPers purchase them for onard
that the bills wora made out in the Of the OBriens
and that he ivan Sce simply received his commission
on them The defence objected to the want Of proof O.
the stand the person from whom the OBrcns had pnr
chased the bond tho very day. The Court In charging
the jury, observed that the involved much extra
neous matter The only question for them to pass upon
suit brought Had GouIard given instructions to
Van Size to purchase tor cash bond Of certain snts
stock and II So whether Gouard had complied with IN.
conditions Of that purchase. BY tho testimony of Van
slce was evident that he only acted the agent be
tween the parties IN this sn Giving only his commits
SION That at the time OF the delivery the bond wher
Gouiard offered his check for the Sl51 this agen renop
srated with Gonlard at his compliance with his orei
s1 asreemcn' and instantly gave information to th'
oBriens This was not a sale and delivery such the
law would protect When a creditor negotiass with
nsntor Tor particular action the creditor cannot
'hke possession without the OF the debtor and
livery must be made by and with the consent Of the party
evcrn and the party purchasing cannot he protected
ny the incorporation OF the law, when he detans the pro
perty against the remontrance OF the person selling
his ayent ms in this n Van Slice had the bond take
e rom him by Go arJ under detailed h,
him, then the rocnton Of the bond by Goulard wa
" gal The jury then would find verdict 70,
the blaintifs, unless the fact Of Identity OF
the "a in of rover required such prooff thi.
satisfactory then the defendant would he entitled
verdict might be said that Van Size being in nos
session Of $3.50 Of Goulsrds money, the bond might bs