The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1851-06-19
Court Of omnon Il ean.

btI0rt nm JuuSr lhsFhudu
ACTION FOR BEEAcH or cos TGAcr-cALIFoRSIA
srRCUI.arioss.
jews R.-garrd Costeai DAME! Tlma- e.-rhe
rlain.,d this By his counsel Me-srs McCunn aud
Moncricf CON plains tho 2l- December 1913,
SdurpS the rst p-ctIg the discoveries Of gold
IN California; che " I Deforrest aud several others
entered 4grr- With the plaintiff for cabin
rassaN to Frap,i California for the consideration
o. eiUo each for wsich hey 20 have tho sub
sance that pr vIdsd for the officers during the voy
scd BY TIN the painful was to ship from
ths port New York for the ubstence Of the pas.n.
stores sufficient for year after their arrival 1T
San Francisco aud del Yer the to them from
t1le TO time, might be Needed plaintiff sso agreed
pryds certain good articles and tools for the passen
and in considers Of This DeForrr-t and others
agreed that they would, until he expiration Of year
after theAf arrival at san Francisco appoint Of their
punlcr A. csptan who should direct their operations
subject e the t.rns Ut agreement that they would
slst in unloading the vrecl and diligently devote them
siyes TO obtaining gold All her precious metals AMI
hai they would, each day. deliver the TO the agent
a David Cotheal who We to weigh the quantity and
value h In the presence the appointed captain IL ap
reerd that zach u the ta>enee entered me bond
with the plaintiff that cas. L. ialea 10 Keep the agree
nent b. -hote tVrf' u plaintiff the sum OF $500 The
rAint luEtStr all-s that Befurrest npd the defend
his surety ex.. uted bond for 500 stipulated
damages, In Of the rCniaElnent u the contract
snd Mr. 1a-mste = now sud such surety, Do.
xorrcet having =. = eont-nael, left the gld or
mineral district coutgnyuS 70 San fraacrco, broken
nh agreement. ana rfued 70 perform his ant.
The answer denies that tho d.feodsnt violated the
Contract; and his couus a. 1r-srs Thompson and Della
van contend that the ps,nif did furnish deliver
81 De forest ard the othrr pa-engvr from time to time
needed the -orr- f Their subststnce or the goods
too articles mentioned the defendant also contends
TIA h aud the othtis dc themselves, for
vun weeks 70 the obtaining u gi and Other precious
metal and delivered the each day TO the "
he pisinu and that the quantity ~ gold obtained By
De PTe~t aud others about hundred and thirty
ronc~~ that the lih u October 1919 the plaintiff
induced DE Forrest aud the Uthers to dshsnd and to
breek up the erpr and ttai he fully conS.nted to
thex ircontnuing their search for gold the speculation
being vh ny desperate and Improbable that the
ruTtSer c~1tnusnoe would Esyo been injurious u the
plaintiff. sealed verdict.
There nin~ other similar actions at suit 81 the
r.irc salnSt various sler a PENDANTS and il hss been
mutually stipulated and agreed between the parties that
The rcouit Of the against Dausl Ialmage shall
and control nj The ridue of the suits; that they
shall ssfs by the FINAL appeal OF otherwise and
Tn Ike iudgus IA &C costs shall b.
dcrcd and entered In each q the remaining nine
The Court previous to adjournment made the folio sigs
1cder-
0rtewd-Tns July term Or the trial 81 issues Of fact
ALL b. hs+d for week for "a. purpose ~ taking In.
guasn. No defeuits viii b. llg~sd during July term
except vhsn affidavit u merits has been filed One
term fr the tri n suss u fact will be held la the
month ~ repeRb-r During the mouth # August tbs
special term foe isues Of Law 1T chambers will be held
fe< al purpose except the Argument Of calendar
No cakend WIN BE- made up that term.