The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-06-09
TART SECOND.
Before Hon, Judge Dalv

Before Hon. Judge DAILY.
fiction fcr Breach If ConeGcfsaac .4eralder He7-
man HeTnhome'.This action for a breach Of con-
tract The plaintiff complains that the 2sth March
le5l his personal property consisting Of large assor
nent Of jcwelry in the store 422 Grand street in this
city was advertised TO be sold by the Sheriff under exc
cution issued upon confessed by the plaintiff
to the defendant and simeon Bernhemer for Si64I 81
that the value OF the property IS 800 which the de-
endant well knew Mr. Alexander intended to bid at the
sae 70 prevent any undue sacrifice Of his property; but
the defendant pr, missed him If he would refrain from
bidding and let the goods he sold for nominal nra he
the deiendant would buy them In and give or rc them
back again to plaintiff for whatever he Ind naia -
ing upon ihis promise the plaintiff RETAINED from bidding
nj the sale and suffered the property to be spose 81 M
the prices bid by the defendant who bought all with the
exception OF about 400 worth The aggregate amount
BID by the defendant 1874 s. which was credited
upon the execution and the real value the stock eing
- 500 After the sale the defendant refused To perform
hs promise ana sold the property at large profit Mr.
Alexander now brings this action for difference be-
tween The sum for which the defendant bought in the
goods ara Their intrinsic value $500 IL Il further
contendod that the defendant attended the sale "a the
agent q The plaintiff to buy for Alexander defendants
name whenever the property was about 70 be sod for loss
THAN its lair value whenever directed by the plain,
who was present at the auction The defendant denies
tha he attended the sale % the agent Of Mr. Alexander
ana contends that he bought great number Of arti
ces Tor the rm Of BorDheiDor Brothers without any
lraud, and gave the highest price for the goods
W IT ansn' IN support Of his case first called
Ing ~ Deputy sheriff in 1851 took possession Of the
properly q M Alexander in Grand street under an
execution OF Bcrnheimer, Brothers, against plaintiff
Arrangements were made to sell in SIX or eight DAYS
after The levy account 81 stock vas taken. NJ Prn
neinleI naI t"o men and had two men, for two days
sg stock ne saie took place the 2sth or 29th 1t
was extensively Advertised the sale occupied from two
70 three hours; IT might be more or less Mr. gern
hemer was the principal bidder and BUYER was nrasant
at conversation between Mr. Alexander and Mr. Bo,n
heimer the conversation was directed 10 mo than
TO Alexander; IL three four DAYS nrevous "a ,h
sale; there was more than couvcrsaton. The frat
was in reference to taking charge Of the place Mr. pcrn
heimer stated that IL WAS not necessary keen man
there in charge all night, but to give the KEYS To Mr.
Alexander the property all in the store he said he
had That confidence Alexander that need not he al
~ uneasy kept the keys of the safe all the time Mr.
Alexander had the keys of the side door aud his mon
aso nad Keys they were left with them by direction Of
Gefnheer who said the store perfectly safe; was
porucuar IN reference to the II the place because
the execution was in favor Of Bernhemer ut the same
time, he ldefendant) stated to that there was an
uhuerstndlng between him and Alexander in reference
TO the matter and that that was friendly
ne said he was going to buy the goods In for Mr. Alexa
der and would let him continue in the place. he (defen
danD calculated to buy in all goods that thew con
sidered right 10 buy. Adjourned -