The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-09-06
LEGAL INTELLIGENCE.



Jury ~ th eocrt the pleadngs and proofs Its
,ject sccose nc & he prayer OF the bl compel
inc defend vhc ed the late frm Of Ste ysrt
right 70 bear halt OF the loss OF csktou advea.
re % Lve-poai ahegsn TO have been entered In
i.e jcint accom- G! he pknuns and DESCENDANTS. on
me 10Th " nfehr lssi toe ate firm Of Joaathan os
cen 20 I, p rfSu - Ogden and Levin purchased Tor
shipment sS baesof coon at eight PEE pou al,
making an segFeste of 90 900 So The detendsus
Who wire eaton lver- well cotton brokers, hel
ING o. the WNeAce4 adventure, requested, II Is aliess
70 be let 10, snd admitted to equal jont later
eet thus creSting par cular partnership viii all the
Iish.sanu iabes :" far that single shipdeut wac
cc9ceried, iscdeni . partnership transactions. The
ecvn'ure appear 1-teGd Of profit resulted ia loss
of sl1ss "a tn sl which the defendants have left
Messrs Ogd. Go ,e r; Of the ndSnts Wright
(who hossvsr .ps eot) admitting nis Liability, the
other, Stewart tnal.ticr tha, Wright had no authority
to liz the han, -.srt Wright in any such adyeu
tI.e tat ~, -iegart never cong ntcd 10 take
inducsment ~ f,is rsoresenra ions without going
oser the e'racOs = ce'a my cdGylction now, It
1bs TIA tls no testimony 81 the witness Joyce
ii regard IL the e0ed mrepressnta tons Is loose
unreliable, bst there motive In any vie OF the
cSse for main them aud ming admitted facts
probability ths' bs ma .. Diminishing this
point then q. Ont question Is, there any agree
nent hstw.-a gft * 70 on the one part and Stewart
WIS hit rc other 10 share in the croft aud loss
this sdsensurv wright not oniy ADMITS, bat, his
amir alton a. witness, swears there was and stewart 10
MS answer sbVe n 'si, mshes in eject, the sd
mission with gu~t ucaon however tina. the agree
nent TO ~Lieh he ,ssented was conditional Waat,
thea. was IN. tonl,tosS a sample Of the proposed
a;s.iiy kiowr % the 'rsdc as .sI'aiE" and lac cen.
ssatd u become ,nttrer'e cd sif III cotton was
sIasi 10 ih4i s@mpi- otherwise yet so~ cotton
q that gr.oe t,ssrs his own statement was then
woTt y, agpt noe hall colts per pound -
ia ether .GIae such i, tho Inevitable diswma OF
stes ats - transaction ogaea Co 80
ilcitsdr Stew wight 70 purchase OF hcm bet
Gre and two Auefs ('he hal OF 2s5) lsies Of cotton
at esht seats = pouro,, which they had oaly to
,'sned eyhn,tt n commercial generosity 1t
took riace, t4l socion. -uspicioG
srmnlatr ipluirF B.t Stewart, mr. his
reicn3 tn, h either entertained the ono or nstutei
re che; oithough 20 motiy,, he admits, existed :
"a mere oa,ean aud sale transaction, present by the
enc house y, tie other OF about nine hunred thou
eanl doiars fbai ogden Co pad eight cents pound
Tor the Gotten i uipueedthat their purchase
smut he sgre-ment with the defendants
is also Dot dsgaed-and there is preten,e that
anything hsd eceurced ia them to suppose that
they rad p.rch lse nm Inferior article ths loss on
witch they = mo. 10 part al least, TO throw ON
ctaere Again ali probable that Stewart could
lave helieses that Mater, tho of the cotton,
lad eoio tgdtn ~ for eight ccpt' pound-a quail
/, grade then worth in the market niue
and bahf Ibe sh ,le sto-y testing it By the most
Crdiuary rules OF cumercal dealing, lie obviously
sfteTthoueh, which result of the sdyeoture ani
not tee arN.nture ITSELF, has given bdtn Had there
been profit instead ~ loss, nothing would have beea
heard Of the aiieeee cooditi,n IL the condition
thai has led :" litigation FALLING markets. whether
IL real estate u the produce oil real estate geat
breIers # htsa'in opening the of men to wrongs
which their "ronar vision would never have discover
ed ana iap.rfug to by goIe iusdents sort OF retro
specve coorpe IN ~ 10 &C orance With the wishes Of
the observer tran he actual features of the object
On review o the WI lie evidence, iIciIdng that de.
rived from b. iug themselves, an even without
The nd o "ign's e>tlu ony my conclusion IL rs mat
= OF fact. ~ rre fspdants did The RESIN mt
alleged IN the plupi.rs bill, and that such
ccnd ION attached 10 1t as is nov pretended
Tie dricDcAnt stewart next insists that suc1
acresnt n's unless Ia wrting-aui this written
are VOID ., ID. statue OF frauds aud cauu,t be
enorced By b. Coust 1t would be sufficient pc thsps
to SAY ci y !, ecton that is not ses up the
syef party Who would avail hn,sef Of the ute
O. frau l. 'sil co~n must specially insist it In
resdeg or D. e,med 70 have waived the benedt Of its
prfysens~ s.ors oyV Cooper 256 Paige 1T Instead
ff a. linn Inn 1ntar
agreement sas cOudl ionsl He joins issue, upon
IT, beng s,iiten not written bu. upon lie
fhes.hy virtually us that, VI mace set up by the
Plaintiffs b. 4 boauc Is wiling abide b. is con-e
qEetcas neh Omission le By impt.
Sa"p otgbi ho 10 Va or OF iecoocS eeierce, 10 De
aioetd 10 re " horswp espf cally in whers the
Ccur; = fu, satisfied With the evidence Had the
jscfon, nowe,,r nse4 dslrcuy aheb, aud relied in
III yacineS "outf BOT, conceive, We bcec of
b.H The statt, that eery contract FOR tn sale
z aooas -: III. price uf lts dot,s mose shall b.
ssle, urcs the nc note ur menioraoduu writing
or Yartd.l,eiy par payment. NV tie defendant
4 hs answer. sass 'hai when the cement 10 ques
shirueat ehich Ogdeu & Co we're about
I" mase. I" Tie cotton, therefore may pre-
sumo was hot an s3atd the vessel al til At
time, but delivered subsequently, aud when
n ospsin, IN tie Lsguage Of the act. accepted and
teoe!vsd III sops 10 I'D 80 under the :aaract amt
he thip2eis s.ie tno plaintiffs aud de eEdaos Jointly
fs q hvrrss con eqn, ntly, vas 70 the defend
snfs e. to The ,a'pis; and il ae cry. moreover
nc, e par" mere y which Is all the statute requires
but Ct the whole DsAhc of bales sold IL delivery
Itte after Il VAS mace AMI after the loss kD
bsti In contract OF partnership, neither writing
delivery, ..cest mped delivery, necessary. Iii not
'csnrsct ef sale, within the meaning Of the Aot,
Barb Oh. X $50. An undviaei interest, It Il trne
passes from tie one partner to the other, but being
delivery to, aud possession by both. In the
nature Of things Therefore the statute sppy-or
II do aply, its terms Ia every ipo fdcso fdl
allied, there being every case nccss ary delivery
or rather an acceptance Viii h IL tn of the
act b, the ifact itself And this result 1t
@ mt n of N
tn csse of general partnership individually sells to
.r r'p.,,, sno accepts for IA hrm OF Bss the
kver5 cootrsSs II partnership formed plies
power OF atorD-, r agency from the hrm - each
Now, snageDcy Tor the sale of real estate
fully iw not ~i,ely, be created without writing No
o. the cspssin Of the ship hs consgnees abroad to
oLo sieeat 20 mere parole authority, 1t IL true,
Should b. early made out and in this instance ,hok
\ hSt BEEN Not doubt rests on my mind that Ogden
20 were authorizeu TO chip and, the invoice
pressed It did st'p ,bese two hundred and eighty five
bales OF cotton for sale account OF snndrrs that
those supdres Ogden Co, and the defendauts IL
equal undivced ,h~ies and that being entitled, had
there been any, TO participate equally in the profit the
defendants s,s In equity bound contribute co ally
maze up the lees Of toe venture. For greater
ness res,ate my conclusions In the form Of ais
Wright cio in fact and without any false fraudulent
TO become ntly Interested ~ partners
parpe'.ho aheuRh the subject Of the adventure may
be $50 IN value legally binding whether reduced to
are validating the bargain Il
the eoyer shal accept and receive part sh goods
e. That the seiler IN such case, being himseI also
joint buyer has acceptance, which u necessary Incl
cent of be contract 10 the acceptance Of both
1hit at all esenk, the contract In this having
beer made sbDe the astsle stin in MDler's hAuds
BIS devrr ~ the ctton 70 the captain board the
Sterling and tie acceptance BY the latter behalf Of this
shippers was IN legal effect the act of all the partae
cy their .wfupy authorized agents. AID tsntanount in
by the prncps.-thns a. : nsc.sss.1 esnseoaeuss Add
BY tie very trims Of the statute, supersedng t1e
quifenent OF " note or memorandum ia writing sub
ecntco BY the partiesv and rendering che contract
binding upon them without that usually Indispensable
and Assays Advisable, formaiity. plaintids have
released the cefrndsnt Wright decree can ne made
sgsiust him But that release, since the act Of Apri
lbss csnSot Impair the plsintifs remsdfes-as asan
the other joint cebtornor the right the latter after
paying the claim " cali the Discharged partner for his
Ho4a II. LA.