The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-17


JuNE ..ss.--Macus r. o. Gcsld vs. E,ccrd LsmS
and Salon r. L0nsc-In this case ~ piaintiI con-
tends that ON the 18th Of March, 1882 he sold and
sontbeasteriy side Of Commercial wharf. Brooklyn,
$50 feet long by 80 feet inches wida that the no
inal consideration expressed IN the deed to have
been paid BY the defendants to the plaintiff was the
sum Of s3OO eco, OF which two mortgages, amounting
together to the sum of go 900, formed part; and
the payment Of the same and the interest thereon
from LIST December, 1851, vas by the term Of tho
deed OF conveyance assumed by the defendants, but
the real consideration which they agreed to pay to
the plaintiff over and above the mortgages and the
interest thereon, was the sum Of S4,700-s1 600 to
be paid by note, $500 in cash, and 5000 In GER
tain quantity of gum arabic; and the plaintiff fur
ther says that the defendants then agreed to pay
him the sum Of $4,000 in consideration Of the sale
and conveyance of the property above named; that
lie frequently applied to defendants for the note 0i
D00 and for the gum arabic, and also for the PAP
Inent Of the sum o$500 Ia cash but with the exceis
ton Of the payment Of the $500 the defendants
wholly refused to comply with their agreement and
still refuse to give the note for 81 900 OF to deliver
up the gum arabic. Plaintiff, therefore, claims tie
sum OF "a 200 with interest from lst june 1852.
For the defendants il was commended that the real
consideration for the conveyance Of the lot vas
net that stated by the complainant, lmt that the
mortgages for twenty Thousand dollars, which were
taken as part OF the consideration were not assumed
by the defendants; that the defendanta were to
surrender note Of the plaintiffs for $1,000 then in
their hands, past due and dishonored; 70 pay him
SASS SO, in cash. and deliver 60 him. on his comply
ing with the agreement on his part to the sats;ac.
ton Of Henry A. Warren. certain quantity (2l 1888
lhs.) of inferior gum arabic, which he was to de.
mand at Boston, and sample Of which was exhibit
ca to ths PLAINTIFF that the plaintiff was to pay
storage fof the gum arabic after thirty days from
that time, and to be entitled to an advance Of
$500 for sixty days. il demanded Of the defcndaats
they also contend that it was part of the agreement
that the plaintiff should pay the interest on the
mortgages up to the lst of April, 1852 and thar
the land conveyed to them should be free from taxes
aud assessments; that they (defendants) delivered
to Warren, who acted as agent, the overdue oe Of
the plaintiff, to be handed over to him on his con-.
plying with his agreement; and they also paid tn
the plaintiff the sum of $48S 81, he receiving as
Fart payment certain taxes on the land, which the
defendants had paid; they submit that they have
been always willing to deliver mp the gum arabic on
the plaintiff demanding it; that they have in all
respects complied with their agreement, but that
the plaintiff has not paid the interest the mort
cages to April 1852, and that the defendants have
been obliged to pay $46e arrears of interest, which
sum- together with $40 for storage of the gum arabic
they demand to be due to them. The Court charged
the jury, who returned verdict for plaintiff s97.