The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-02-17

,, De'ore 'he Ihiei Jusuce. -,
M va JSomos r M;n,,,n Action IN q note for 90 sto
my T." s.s...Ja'," -. IT, .,.;s ~ S'' ~
uam;~n M,,rr- ,,ss 49, ,ho s,acL niadaaj hy Nj
M;nmrn sor ths Loo hsInnaad - G; ana Ia, no Nd
S.h "a ~. ~ az se ~ A;i Nm, ~ r.
a ~ .; "u h,d - S , 'o "a a,
a. co,Iasa, 1872 a. ~. n,a ,ai. s Al; ,r 40
h,J 80 %; mi i S Sad va y sa,,,ss,s Of
ba;r accnmn. IN ,hch Tho no,a a, rasan, in Ht;oa,;on
uss sa,t la h NJ; and hai.nc r. ahnrt "a a.a 30
,a;nad A. -, M;,,,r, H. had $50, nr.n a. ,,.;a
IA 70 80. ~. ;... ahi:..;s c. ~ 70 san
lnan lie ne;,r.S y, 40 so hn, H. dscj;r.d ~ ,hs
loai ne omeIeu 70 10 80 p.' .ney ue''iner On ,le
sin;n his ;d,do a. tS on' a. , H.;
This az in INV Isao md nrevous he believed m The
dae Of the nots in Ii,iga,ior The plants never an
nlied IN him for an obyaon On account of said loan
ta MI LA W ~; o., s; 90 90 az i,,er la TO- Co.,
Brazil that he could arrange with the comnanv 20 re-
new the note by giving his own obligation for the pay
Company or deposlte
payable in six months and thus the money required
to pay off the loan at maturity On calling at the Office
of the company he saw Mr. Curtis the President and
talked with him this subject, but at the second inter
view, Mr. e. reu ed as te company preferred to retain
the existing obligation 81 Minurn. Mr. Curtis offered
to issue the certificates the deposits Of the
s., 500 and interest made. lie mir Murray did
know until then that the original note of January, 1899
had been renewed in July following He after
offered to give the company any obligation for Mutuns
loan.
In reply 10 the defence Mr. Murray stated that he re
called at the office about that period the stock Of the
pany being then very much depressed and proposed
take fresh certificates wherewi.h raise pay
certificates maturing Mt that period This was assencd to
He then paid in dcpose the checks of his firm amounting
the required sum- and received the certificates which he
sold and with the proce, returned the amount drawn
from the funds Of his firm The certificates to
four months at FIVE per cent interest On the maturing Of
the market than on the preceding occasions he call
ed to renew them, and understanding with Curtis
the time that when the certificates became due the
of Mnturn should be paid At that time he told
that such the state OF the market that he
did not know when he could raise money on the Ger III
Gates Curtis replied that he knew broker who would do
IT, and introduced person named Ketchum who was vi
the time in the adjoining office OF the company
The business was opened Ketchum who said he would
attend to the matter and he Murray could pay him The
derence-tha is the loss the certica es-such loss
amounted to about $780, the certificates having months
| To run
| BYA JuHon-Was that more than legal interest
AT was more than seven per cent The object OF the
the loan advanced upon the hypothec ation of the stock
that H. the certificates advanced upon Mr. Mnurns obi
| CATION
several renewals to pay the company the
Curr Jusrcr- appears to me that the entire affair i.
but the renewal of the original note and that the loan has
| not been paid
he amount Of the note are YOU not cradle 10 Min
urn for the amount recovered against hint
A-No unless the mortgages which were given to the
North American Trust Company are set aside should this
be COMPROMISED become liable to Mnturn in case the
plaintiffs in this suit against him.
his interest in the result Of the present suit and also the
history of the entire transaction But the transactions in
voving considerable amount of perplexing points OF
law the submitted to the jury without argument
of counsel or charge from the Court They direct
cd to ind verdict or the pihnn lor Soao3 81 suJec'
the opinion OF the Sour, win ety 70 eher party 10
| turn the same into piii OF exceptions
The following are the points oil law raised oy the de-
| fence -,
Frst-lhat unher tne eVoehce .he oe,enaent WY en-.
tied 10 credit on the 2oth Janusry so OF Sosooi LOT III
shares instead Of ~, at 500 the share
Second-That Murray PAID the COMPANY LOT ms Ioan
$500 in January $780, and the plaintibs are not eh
| tied to recover - , ooo -
Thrd-Ihat IL the loan IN July, loos, wm meos 10y
Murray or on MS account ne 10 January I,'v
ant IS thereny dschafgen. ,,, -. ....,
fourth-Ihat me loan ana deposit Mr. .onmse.eo