The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-02-21
Superior Court.


FEB. 2o.-Mosss Y. Beach Us. WiiIiam Mallory.-The
jury this returned sealed verdict in favor of the
Charles F. Buekhaidtz rs. william Maliory-This was
an action brought to recover damages for an alleged
was druggist dong business in Hudson street III ap.
peared that he made purchase of drugs etc. Of the de-
PENDANT for which ne gave him his note at four months
Some two three weeks subsequent to this purchase
the plaintiff advertised the sale Of stock public SALE
to take place the 9Th January last that the defendant
visited the premises Of the plaintiff at about the time the
sale to commence and is alleged forbid the SALE
upon the that he held claim title in
such stock and threatened prosecuting any and all pur
chasers Of such property and that in the
sale adjourned until two days thereafter, and that
had not the been nterered with by the defend
ant For the defence, it is commended that such was not
ns s
cent he would give more for the stock than any one
else beside. attempt was made to show that the
goods brought fair value upon the day they were dis
posed Of and for much though they had been sold
upon the previous occasion alluded to- Verdict for the
Before Judge vanderpohl
Vim adams ct ais The Ocean Insurance Co.-In this
case. hitherto reported the jury rendered verdict of
Charies Keugen Us Wm M Porks.-This was an &C
ton Of trovsr brought to recover the O. note
executed by Wood, Folger Messer, Of this city, and
which ansrwards bought up BY that house, the
18th May, at the rate OF one per cent per month.
From the testimony presented appeared that the note
in question was given by the plaintiff in this suit to Mr.
James II. Ray, who instructed to get discounted
for him at such rates as he might command He offered
this note for discount at three different banks New
ark failing, however to get discounted in this quar-
ter he deposited this note with the defendant (who is
the first teller Of the American Exchange Bank of this
cityl for the purpose of having it discounted; upon
which an advance was made, in common with other
notes. II was subsequently purchased by the drawers
themselves At the rate above named and per cent
mission was charged by the broker negotiating the
and the proceeds handed to the defend
ant The plea Of usury is also set up, upon which the
whole to rest 1t appeared that almoat daily
transactions of this nature had been made by these
tracing parties Uames Ray, broker and VIM. NJ
Parks, frst teller Of the American Exchange Bank of
this cty) for period from 10 two years. that
per cent per month had been almost invariably allowed
consideration in the transfer Of paper from
the other and that Ray has finally suspended business
but whether from this high rate OF usurous interest paid
to OF the officers Of the American Exchange Bank,
did not in itself appear manifest
II contended also upon the part Of the
plaintiff that this note diverted from its legt
mate spheres that instead Of having been discounted at
the legal rate of interest had with other notes. been
placed as collateral security for loan of $780, and
that having been misapplied, by passing it to
broker nWa street. Is therefore rendered invalid and
without force virtue.
The jury returned verdict in favor Of the plaintiff for
the amount Of 81 ,633 49, and cents costs