The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1847-10-06
Law Intelligence.

SUPERIOR Contributors Chief Justice Oakley--Jo-
trstorThis action of assumps brought against
The public administrator to $1,000 the
of the assets Of one James Vasntone now in the
defendants hands 1t appeared that plaintiff and Val
entone were merchants in this city in the year 1914
they we're on very intimate terms and In the habit
accommodating each other that In the beginning Of
1914 or some short time previous vaentone made pur
he him his note endorsed by PLAINTIFF About the
same time he Valentone made another purchase, from
endorsed by plaintiff Alter the making Of tbs notes.
vaentone BECAME embarrassed and unable to take
them up when they came to maturity The plaintiff then
oame forward and went with Vaentons to the Office
OF Mr. Carey told him that he Valentone was unable to
pay the full amount Of the note but pay forty per
cent Of It, and that he the plaintiff would give his
for sixty per cent the remainder Carey agreed
arrangement upon which he paid the 40 per cent
and plaintiff gave him his for 20 per cent the re-
msinder. The old note then given up to Vaentone,
and receipt endorsed the back Of it by Carey dis
charging him from all further liability, and canceing
the plaintiff g endorsement it. similar arrange
ment in every respect made with MIR. Ravens the
holder Of the note passed to Mr. Durham Soon after
this arrangement Vaentone left this city and went to
Martinique in the West Indies where he resided for
some years after which he returned to France his
tive country and died there in 1924 1885, having
returned TO this country In 1916 the plaintiff paid the
amount Of Carey's note but did pay Dunhas note
tn 1885 or 1887 II further appeared that valentone had
large claim against the French Government for spoa.
lions on bis property during the 1872 that his
claim was fully substantated that under the treaty
OF 1881 be- his became entitled TO re-
ceive it, and that it actually received in this citv nv
the then public administrator The plaintiff having 6ssn
led suppose that funds were 10
went over to that country and instituted suit there
against the representatives Of Vaetone Upon the trial
the two notes given to Cary Dunhsm were produced
and appearing to the court from the on
the back Of the notes. and the fact Of their having been
given up, that he Valentone discharged from his
liability, and the court gave judgment against the
plaintiff The plaintiff returned to this country and
upon further inquiry ascertaned that but small part
Of the funds were sent to France, and that sum,
much more than sufficient to satisfy his claim still
remained in the hands Of the public administrator here
aud he now brings the suit this
fund the amount Of bis claim Several defences
up rst that the proceedings Of the public administers
Tor here are void, inasmuch where ntessts dies
la foreign country, and Is subject O. citizen of the
country where he dies his assets are to be dsrbued
oy ms representatives there and according the laws
OF tnst country sscondly-The statute Of limitations
not having been used for twenty-five years after be.
came due the plaintiff therefore paid It his own way
Inirdiy-Ih record Of the Judgement obtained in the
court In France up as a bar 10 the whole claim
the courts here being bound by that judgment. The
lou. Sna iasc defence was question (and the only
one OF hct Inc DEFENDANTS counsel insisted that the
arrangement entered into between the plaintiffs
VA, Carey, and Havens, in 1914 entered
from his engagements at time and to enable hm to
leave the country to avoid arrest that the plaintiff vo
unteered guarantees Carey Ravens without being
asked or solicited by Vsentone and that be rscsvad fs
his guarantee OF Careys debt SIS which was one per
cent on the amount OF that note although it did not
antee OF the other note This argument was bssd on
the fact that the two original notes were given up 10
Vaetone with receipt In full endorsed on the back of
each and the plaintiffs endorsements cancelled II IL ware
not intended to discharge him altogether from further
liability those two notes would be retained or at ali
events they would be handed to plaintiff instead OF
having been given to Valentone himself
The Judge, In charging the jury, said that he would
give opinion upon the legal questions raised by the
counsel but would them for the CON
sderaon Of the court in banco The only question the
jury had to pass upon was whether the agreement be-
tween the plaintiffs Valentone, Carey Havens in lsI
entered into with view to discharge vaetone from
all further liability did plaintiff entering into that
agreement TO himself the right of claiming from
him ut failure time, the amount OF his guaranty III
they believed that entered into for the purpose of
discharging him altogether then they ought find for
the defendant; but IT, the other hand they believed
plaintiff his right to his claim then
their verdict should be for him. Sealed verdict to-mor
row. For plaintiff, Messrs Mason and Sedgewick; for
defendant, Mr.. Anthem
UNITED STATES DISTRICT CouRT, Oct 5.-Bsfore