The New York herald., 1844-11-14
In Chancery.
Before Vice Chancellor McCoun.

Before Vice Chancellor McCoun.
Nov. l3.-JosPh Leris rs John .4nfhon This is o
bill filed by Lewis, Of tnis city, practical engraveT
against John Anthon, OF the same place, distinguished
member Of the bar for the purpose OF compelling the de-
iendant pay complainant the full amount Of principal
and interest Of the bond and mortgage Of Mcvcks
which has been assigned by defendant to complainant
sshes with al ad y Raer
Tor complainant and in opening his case read the bill
which forth in substance "a iollows:-" That in the
latter part Of 1887 the Complainant having on hand cob-
siderable money, the fruits OF industrous applca
ton 10 and being desrous to invest the
together with such other he should from time to
time be able to add thereto in good bonds and
cages well secured with the view to the cept cf re-
GUAR and permanent income Tor his support, as also
with the view OF increasing his operty, at the date
stated employ ed the defendant as counsellor al
Jaw assist him the attainment OF the above object
nent complainant had been personally snd iamilisrly
acquainted nth defendant during ell which period de
ipvesmen,s for him in bonds and mortgsg.s. was otter
consulted conf.n,aliy b. complainant on his pecuna
ry affairs and acted for him during his absence In S3
"a agent and attorney In iact that he had acquired
COMPLIMENTS gratitude regard and most implicit conf
dencc, and had also and possessed great nfu
ence over him That ths appca cations made through
iendant being unsatisfactory point Of security
rejected by complainant with deen jants knowledge
appreciation complainant being as defendant well knew
very cautious, and informing defendant that h. was re-
sols ed loan ha money except the most uDques
tonabie securities choosing rather that should lac ide
That under these cir defendant proposed BY
his letter. dated Nov a. 1885, to assign to complainant
for the money which he was employed TO invest CERTAIN
bonds mortgages, which he
cellen mortgages hs private funds, at per cent and
that complainant having great regard and above sta
ted placing IMPLICIT confidence in him. and being much
under his acceeded 10 the proposal and received
Of four oil said bonfs ard mortgages among
which wa that OF Jno McVickars TOR So 00s a. in
troversy in this for all OF which he advanced his
money defendant in entire reliance his integrity and
Judgment and his representations to the excellence
the cures That IRON such representation, complain
ant believed that each OF the mortgages was III st lien
productive real property in this city, and entirely
incumbered, worth double the amount loaned thereon,
accompanied by the bond Of solvent and respon-
sible obgor, IL being the usual practice Of prudent
capitalists in the said city, at the time oil the tram
action, and such being particularly, as defendant
VIII knew, the custom OF complainant Influenced
by such belief and confidence complainant took
the nds and mortgages, and advanced his mo
therefore, without making. or being allowed by
defnd mt, 10 make any examination or inquiry the
9blgors the property morgaged, and without any In
rmation concerning either, except such gy en-
him by defendants letter. and by the iorsemens of
tee the bonds and except slse that the clerk CT
endant and his agent to deliver the bonds and
TO complainant and to receive the money therefor
various statements and declarations planant wh,
in the discharge OF hs agency, tending to Strengthen
he compsinants confidence In the perfect goodness o.
the securities and IN the punctuality with which tn
interest had been and would be paid thereon, and epc
ally on the bond Of McVckarthe interest on which he
stated was paid by Seaman and which bond there
was endorsed statement in the handwriting OF Deien-
dsnt that the interest had been paid to the soth oil June
1898, ell Of which complainant beiievedo be true That
the lots described IN the morgsge.o McVckar having