The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-09-11
U. 3. District Court.

U. 3. District Court.
SEPT e.-Herman Hsue George H. Siemon.-This
suit commenced by capas in the court by Mr. Her.
Heye, of the city of Bremen. in Germany against
Mr. George H. Siemon, well known in this city mold
respect table and influential Importing merchants
The case opened by H. q De Forest, Esq of conn
sci for the plaintiff who stated that the suit vas nsu
ted for the purpose recovering the OF bill of
goods sold the defendant in the iSli and s,a,
amounting to 2273 riS dollars German currency ltap
pears that suit rt brought in the peror Court of
this city but the plaintiff attorney discovering thar de-
PENDANT hea the office of consul and the Superior Court
having no jurisdiction in where consul il party
dscon nued the suit in that and renewed in the
u. District Court On the very day on which this suit
commenced in this court Mr. Siemon RENTED to the
plaintiff through Mr. Carl Heye, two bills Of exchange,
covering the whole amount OF the indebtedness TO tho
hin H. ns tougn up 70 .ns p aa
sum due to plaintiff. The defendant in this orr
gnaly partner in the firm OF GerdiDg Siemon, which
house had transactions of business nature with tho
plaintiff Of very extensive amount covering some so
or 40 thousand dollars. The total amount claimed by
ainf as due on the 3lst day Of December 1874, was
2ll 80 rx dollars ard groes which with nteres,
TO the sh September 1876 at per cent. amounts to
1890 81 rx dollars and groes. or I,slI 49, American
currency. The plaintiffs attorney then read the dsposi
ton Of Frederick Ordman taken under commission is
sued issued in cause who was clerk with the plan
tiff which to show that in the of business be-
tween the parties, cent interest charged all
i'ems Oh account hess made eu toe account curent
between the parties up Dec 81 1874, aud the whole
amount due up to that time 2l % rix dollars ind
grotes The counsel then read in evidence letter o,
4
OF the account current The plaintiff counsel here rest
| ed his case.
hereuPon opened the defence He commenced by saying
that he could move for nonsuit the ground that no
indebednesss proved to exist at the present ume all
that is proved n that time the defendant in
debted to the plaintiff; but whether the indebtedness
IS SSH as but instead Of this being the real amount
claimed it is resolved into small dribet OF interest
amounting to some hy or sixty dollars merely Mr.
the superior Court; its discontnuance, when was dis
covered that the defendant was Bavaran Consul; and
the sending Of the two bills to plaintiff in Bremen MI
Sicmon was sued ON a bslance Of account, which he
not able to pay at the time it became due Suit was
whole amount up to December 81 Is45 principal and
interest and which Ind been lay ing in bank from that
period up the time it RENTED by bills of ex
change, which he sent to plaintiff through Carl Heye,
saying you will pay them to Herman Heye and take
the following letter requesting him to receive the bills
| of exchange in full of his claim:-
| New YoRK, June 8, 1916
Mr.. Herman Heye, OF Bremen-Sir-I have just now
learned that De Forrest has withdrawn your suit and
bears the costs, wherefore you receive Ldor 1900
days sight Sn Sal 10 50
which you will balance settle my account, and trans
nit to me receipt for the above bills through Mr. Carl
| Heye. Yours &c, o. H. SiEMON.
following receipt to the defendant in answer to his
| letter -
/ received, to-day from Mr. @. H. siemon, of
New York. by Mr. Carl Heye. of this city,
one draft on F. l. Quentel. accepted payable
One Sr on j. sennse and Wo. accepted
payable I'D September, lsi3, Rix dollars 80. BAL so
Rx dollars 2l4l SO
Two thousand one hundr ed and forty-ono rix dollars
aud fifty groes in Pdors, at FIVE per cent payable Sd
September, ls45.
tie account of MIR G. II Semon for II. My csims
against him amount, with interest up to 3lst December
have not received from my attorneys, Siessrs W W.
De Forrest Co.. Of New York. any later news than OF
drawn from the County Court for tine purpose of being
brought into the u. - Court, must therefore, leave
it to Mr.. G H. siemon-if he has not already informed
my said attornies OF the above remances made 10 me
to exhibit the present receipt for the purpose Of pre-
venting further proceedings against him. for which pur
pose the present has been executed by me in rpcae
though legally TO be considered only as one valid and
binding receipt.
This receipt Mr. sedgwick remarked considered at
the whole amount Of Indebtedness between him and Mr.
Siemon MIR semon RENTED the two bills OF exchange
full payment OF the debt, and requested Mt Heye TO
receive them SUCH Mr. Heye did receive them, and in
pursuance Of Mr. Semons request sent back this recet
Heye himself intended at the time be- full release
and discharge Of all debts between them The bills OF
exchange were not rejected BY MIR. hsys IN B ,Ss
condition set out in Mr.. Siemon's letter, viz: IN full
discharge Of the claim and in return for which, he
Mr.. Heye was to send a receipt, which he did; as
matter of law independent of renting tho release
by receiving the bills of exchange in the manner ne did
he closed the between the parties But indie
pendent of the letter. hcre is doubt the release
was intended receipt in full The closing OF the &C
count did not depend the credit, for if Mr.. semon
were only credited on the account the account would
not be closed The question what the amount of
the sum credited and the condition upon ~n ,Ss
was intended full accord and satisfaction and MT
siemon TO show it as such TO Heyes attorneys in
New York. bar to all prosecution But suppose We
in in view is not the OF extreme
hardship These parties have had transactions amount
to forty and fifty thousand dollars the release
a full discharge is matter OF equity 10 90 de-
cided by the jury whether the defendant here to DO
mulced in interest by Of damages for short deet
ton of the debt when the money actually in BANK
MIR. Sedgwick further remarked, that the deiene.nt
could prove that before this suit was commenced te
plaiat's attorney called upon him with dlalt Tor tho
whole amount Of the claim which he wished HIM TO
accept but that the defendant refused to the dra
ne had understanding with the psinnn that ne
would remit him the amount The defendant thea ssio
you will not for nonacceptance OF those crafts ne
would purchase bills Of exchange for the whole
amount and hand them to him. to be forwarded 10
the plaintiff and the reason why he wished to purchase
the bills Of exchange himself that former occs
sion Messrs. T. Pope had ovorchsrged ham in tho
rate of exchange and he did not want to be treated the
| same way again. Mr. Sedgwick further sad--the
| question is, whether interest is to be paid be-
cause the debt was not paid the day was
| due? In some cases, parties may claim interest
matter of right, as in the case of a note or bill Of
exchange but that not this There was no agree
ment to pay interest This is not case where the law
compels jury to give interest The question is--has
there been such neglect the part Of Mr. siemon as to
ene the plaintiff to interest for men Of the debt
at the time it became que? II am right you cannot
to the conclusion that any thing should be imposed
the defendant for the nonpsymenso the debt or
| the commencement oil their transacuons u this o"y
there never was a shadow OF doubt the good faith Of
| Mr.. Siemon. There no agreement tnat interest
should be paid The whole matter lies in nutshell
AIR. sedgwick then read the deposition OF Godfrey
Wetsphali, clerk Of Carl eye, proving tue payment oil
tho drafts to Herman Heye The same counsel then
read the of defendant to plaintiff above set forth
ia which he said that Messrs De Forrest plaintiffs
attorney in New York, had withdrawn the SUIT IN the
Superior Court he, in consideration thereof, RENTED
the two bills of exchange for the amount Of the debi,
and requesting MIN to remit him receipt in full.
MIR c. q. EcxEL thea witness, on the
ID a n
OF the University Gesscn IN Germany ana hsd usDs
lated the receipt Of Herman Heye 10 set forth above
GEnAap II DwESoER was then sworn as witness on
part OF defendant and proved the writing and sending o.
letter & ON defendant palnf, stating that the pain.
tiff was willing till he, MIR oiemon, could reuiit
az SOON az he was able, he might send AN amount Of
goods mentioned below. The goods we're sent, accord
Ing TO letter and received by the defendant Wit
l .lnxuu TIA La