The New York herald., 1845-07-03
Common Pleas.

Before Judge Ingraham
July 2-Bancroff White, .4dm'r-The iury in this
Sll6 20. - p'''''''"
Charles Depelin ads Joseph G. Carpener-This wa, an
action 10 recover alleged guaranty for quantity
Of -four sold to party named Fitzpatrick 1t appeared
quantity OF HOUR to the value of S159 25 with view to
open the baking business in store situated at Orange
street Ihe defendant Carpenter, having recommended
hm, II was contended he became security and guaran.
teed the payment The defence up was that Carpen.
ter merely recommended Fitzpatrick and did not guar
The Court held that the only question was whether
the flour sold to the credit of defendant by Fitzpat
ant was responsible for it. Plaintiff could not then re-
cover under the Statute for fraud Verdict for defend
ant
Before Judge Daily.
Smith and Skif rs. Carr e aiThe jury in this case
already noticed rendered verdict for plaintiff Sl03 50
Catherine a. Wenman Gerardus Clark and EJen H
BomnThis was an action of trespass, to dam
ages for illegal levy under the exemption law land
lords warrant The plaintiff held premises under the
defendant Clark, in East Washington Place, and levied
upon her household furnture under the exemption she
claims certain amount of her furniture value 50 and
alleges that the levy excessive and contrary to
servatons under the Statute The levy made on the
18th Of April last The defence set was that defend
ant Clar had right to seize for his rent and author
zcd defendant (Brown) constable, to make the levy.
Adjourned over to this forenoon.
Court for the Correction OF Errors.
JuIr a-Present, Mr. Bockee, presiding and twenty
No. E-R. H. Morris VS.. The People.-Mr p A. Cow.
dry concluded for plaintiff in error and Mr. J. r. Viii
ting was heard for defendant in Mr.. p. A. Cow
drey was heard IN reply. Decision postponed till Decem
ber
No.15.-L B. Post and al VS.. j. .ayndi-Mr. B. Noxon
was heard for plaintiff in error
New York and Erie Railroad,
TO the Stockholders and the Creditors Of the New York
and Erie Railroad Company:
Statements appeared in of the morning papers of
yesterday, to the following effect, viz:
That the Board of Directors had refused to pay the
interest due on the st instant on their bonds cer
Gates.
That the object OF such refusal was to bring the af
fairs Of the company to crisis and to abandon them al
together or compel me- as president to resign
That refuse TO resign, and disposed to sacrifice
the concern altogether rather than give my position
That the interest was withheld in consequence Of
determination of the Board OF Directors to do nothing
more until change should be effected in the manage
ment
1t proper that should state for the information
of the stockholders and creditors,
LIST. That there has been action whatever of the
Board oil Directors the subject OF the payment of the
interest which was justly expected from the Treasurer
on the lst instant, and which is withheld.
3D. That the Treasurer had ample in his hands,
belonging to the company from which to provide for
the pay mcnt,s which he was confidently re-
lied on.
3. That he gave notice of his intention not to
meet the pay men and that had ntimation susp
eion Of such intention on his part tll near o'clock r
on the Soth OF June, when was too late to convene
meeting of the Board to avert the evil Had he given
afew days or even one days notice should have had
no difficulty in providing for the accruing liability. The
last ntimaton that had from him upon the subject
at meeting Of the Board some weeks since and to
the effect that he should take of it, and that there
was no occasion of anxiety. Knowing that he had
valuable assets under his control which could be sold
orupon which advances could be obtained at pleasure
and that the financial concerns Of the company were in
trusted wholly to him, neither inerfcred any
reason for interfering with his duties in the case.
That upon conference with the Treasurer yeste
cay III the presence OF several OF the Directors full
quorum not having appeared though notified under
stoou nm 10 say that he assumed the entire responsible
~ oi the course he had aken-that in his opinion the
eompany could not 60 On for any great length of time
withte present organization and that he did feel dis
posed to make or obtain advances the assets in his
hands.
s. 1t may be suitable for me to add with reference to
ne m one IN the papers that have not refus
not been asked to do the passage Of Tho aw or
tho i4h OF May. The subject has been officially pro-
posed 70 such question has been med omen for
consde ration At meeting shortly after the passage of
the law above referred to- the Board agreed
upon Il as their first duty to make harmonious faith
iu and persevering effort for three months to obtain
subscription of three millions TO the stock Of the compa
NY and that without such harmonious and faithful effort
and ITS proving Intellectual proposition of change in
the organization was to be looked for from them, any
OF thcn.
9. am by means disposed to sacrifice the concern
altogether nor in any respect but to sustain and pre-
serve It, II solely for this purpose that reluctantly
ieturncd 10 1t last autumn All the measures which
nave proposed havebeen concurred in without dissent
he object Of the first measures was to prevent sale OF
the road and sacrifice thereby Of all the of the
saochno,ueis ana creditors esteemed it my first duty
10 Wehaeavor 10 protect and preserve the interests those
who recalled to this station They doubtless expcct
ed this from me- believing then did now do that
nfaie OF the work would not only sacrifice their inter
ess but cxiinguish oil hope of completion OF the road
u IS now not less evident than heretofore that those IN
ofesis need very vigiant care subscription il ndis
pensabie TO obtain subscription requires harmo. |
Nous faithful and perse vcring effort not only on the
part n the Board but of all who desire the road TO be
Completed Let the subscription be made, and the sub
crbcrs may OF early day appoint whomsocver thew
please TO manage their affairs.
New York, July g. 1915. ''''en'
Amusements
iHk SuccEssFU1. BuRLEsoUE or BUy-LDARE is adj |
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