The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-01-13
UopreaAs Court.
TnE SUITS A0ANsr O. vANDnRpILr YoR psxAou -
COHTRACP i. =.

E9Aeen oAer piatntiGs In eighteen other aud, $500
the sdme-Ths following opinion Of Judge Mtchsil on,
In the main points with that Of the supsr ue
Judges, published In yesterdays HERALD JUDI. n.
however thinks that rights should DO left ope. "a
the paintins:--
brought against him by ninety different plantil.
ana each for Of action precisely alike that a.
same printed forms OF complaint used in each case
The complaint contains SIX counts each alleging con-
tract 70 carry the plaintiff, either from New Yorf 10 Sau
FRANCISCO or from san Juan dcl Sur to San Francisco
hna showing breach OF contract In delaying
senesrs NJ ssn Juan del Sur and the way and furnish
ing them inadequate food and ani one
or more OF the counts also alleges that the
knowing that he could convey these passengers ar
recty rom San Juan faey cptetented that no could
The defendant substantially admi,a that be as a.
owner Of tho vessels running from Ne, Yort A. Crrv
town and forming part 81 the limo called syanderbIits
was agent Tor the whole line, AMI Il may b. nfor,.d s.n
tickets to passengers for San Francsoo al the o,l =.
Of this line which the defendant allowed 10 be- called
Nante rbilts line for California and Nicaragua - bat
he dcnes that he owner 81 the 4. IL iews b,
which passengers we're 10 BE- carried FROM san Juan de
Sur to San Francisco liz lhows that Aien AZ agen, ar
that line engaged the = 10 sail iron, Nes Y,ri
In March, 1872 10 20 q Han Jusn del sur take pss
scnger from theuse 10 san Faocsco but that she xss
delayed IN going rosnd Cape Horn and Ia conaeq nee
THE passengers detained ht San dol Sur ana
ohlgen 20 bet ale Themselves 10 sailing yesei of whloh
Mead Co agents 20 take them 10 san francisco
and alleges that Mead Co. received payment for the
passage on board their vcase the tickets issued by Aru
for tho !. 3 Lewis. II. also alleges that three Of
the plann dead that three OF the complaints 40
not furnish the full chriatsn nRmes Of the plantilE,
but only the initials ~ such names and that tho plain
tins attorney being called upon for his authority to
commence these suite, de nod 20 exhibit any except
the passenger tickets for tho n g. Lewis issued X
Alien. Mead Co. reside at Juan del sur and one
Of she firm being casually here made adayt that they
authorised these suits and that they did by virtue az
ayerhtl aud written power OF attorney from the
plaintiffs which written power burnt The right OF
he Court TO compel attorney ~ the exaitt
ms authority 70 Ruc, arises from the control which
exercises all is proceFs aud m and vrr
rs officers to prevent abuse II arios from no statute
but omanatcs from tine breast thp Court ana from "a
desire to cause justice TO be done and a. I,
from tho Court SO II IL 10 b. exercised only on such
terms and conditions and Ia such aa tho Court
shail perceive viii contribute 10 justice between the
parties The defendant cannot insist its exercise AZ
an absolute right, without submitting % such
the Court may impose Ie cannot nsat that tho sctioa
be diAnnged hrcanrc the power Ii not produced nor
,hAa !, % as,ea i1s'er unless y be produced but
Court, and submit accordingly 10 such terms ~ ths
Court may choose to impose Al, condition.
Of it's exorchc OF such discretion There Ii reasoa
to believe that the plaintiffs attorney has ne
knowledge Of the plaintiffs this action that he has
them, and has had any authority froun
them TO sue except such a given 10 Mead 4 Co.
What tho extent of that authority IL left quite u-
certain Mead Co. do not state even il .ub.,anse al
though u ~ burnt they state and should state,
eordpg TO their best recollection and their
Of obtaining information, in what precise words II
written. Then the Court can judge whether 10
authority to sue merely Tor tho consideration nonsy
paid for the from Fan Juan del sar % San yrss
plaintiffs caused by the delay To which thsy
eetcd and for the inadequate food and
and probably could be aasignedths nrst sdmittsa
Of being assigned The possession Of the ticket. by Mead
Co leads To the presumption that they received the
tickets las the Defendant a.gcl) In payment OF pas
furnished by them In their brig 20 the pAssngsrs
and verbal authority TO recover from whoever ass
the amount paid for such tickets Thus far Mead Co.
show primo aoe authority 10 In that limited way.
and II they chose TO fine their actions such claim
there i no reason for staying their proceedings The
defendant shows defence 10 thu action alleges
facts from which II IL to be inferred that he held hun
self to passengers furnishing % them tehsts
would W hol tia
from New York W San Francisco, and that representa-
tAtion he should make good and II Mead Co 10 ave
his honor, have furnished passengers whom he
tracted 10 for.nrd but By accident could not forward
be sheud without delay fully reimburse them. al least
all that he received the tickets the part tho
voyage which they completed IN his place. Yet e has
allowed than three years 70 elapse aud la. yet
lis benefit aud for the sustaining Of hls honor a.
merchant lie therefore should submit 10 such
power OF the Court stay the painn proecsiinxs fro
being abused The power originates from . dears v
prevent abuse on ono side, and must DO erercsed .h
lie seems to consider II defence that the H. H. Lewis
left 10 shortly before those passengers loft New Yorh,
by H. This would show that he know e0uld 70 By
H. and that he contracted 10 DO what he knew lac could
mot debut the passenger. eanno, b, presumed ksov
any such matters There fraud mputabIs 70 Mead
CO. or their attorney bu, their adav "a do not shov
with certainty whether the instrument executed 70
them was an assignment OF Law power Of attorney por
what the extent 81 III. power and until that shovp
they should not be allowed % tina Of thsss
rlsintihs IL II IL more power 20 the ticket,
they have right retain all tho counts con,AIssa IL
hese eomHsnis-thsy should chow how the fact 4 -
their for the pAssepgers Who arc dad fsr
The power would cease a, is death o. The soass.ss
but under our Gods The sui, You'll n.e...si1 ). :
the nas OF the assignee and BE- oon6n~ 10 nstsvs
as could pass BY assignment for these the vssy
word, o' the instunsnt containing this poser should b
stated 40 nearly a. praetIesbs. Tbs oosrt vosh 30
atsmpl In this in,sroeutory proceeding prevent t
hesds from suing 10 their own name Tor any u
action, nor from suing In the Of this piantos r
anything which the plaintiff havs Authorised then v
sue for-bnt II has the rght 10 compel them "
show ah.ir .n'honty for using third party. name.
which has 10 compel attorney Of this court u
". Tho attorney IL ealisl for his authority asd re-.
fers 10 ths hsads az his immediate eonstisasnthst 10
showing no authority from the plaintiffs, untl tks
hsads show how far they are authcrrsi By the pls,a-
tihs TO act u y should appear that this inssrument
given 70 the h,ads va. an asisnmsat, 90 that
the action should b in their names the Court
might Impose az condition 81 any stay THAI
the defendant should spaiais mot 10 rails. that OBJ
be deemed usi might also require ths dsfssisst 70
sdmit the facts a. 70 BIZ connection With ths line snl
require him 10 erpedte tbs trial Of thu csuss and
put In an Answsr promptly and eonssnt W the sslag u
commissions and examine witnesses without prelu1ios
70 the present motion and 20 tho order 70 STAY ts tai.
and also consent not 70 object A. tho trial 70 vadsnss
between The compialnt a. ALLEGED sai As II mar ~
proved One nees1sity Tor tbs counts the
complaint Il the uncertainty whether the proof win
10 San Francisco directly through ali the ai.,anss from
New York 70 Fan trnncssc0 and yet ths dns~aos 49,
pot sse, The rgh q the tar,ea ADD ,hoaA no, there
The dsfsndAn, IA ready 10 30 What Jss the whss mat
ter may now, Tsrhaps BE- silu1,sa There oihsr
matters u.ov.a for As % .hIs !, q unnecessary "a
subDii,si 20 the counsel that the piaisnHs attorney
may suggest sueh conditions be sy dssm psssssary
a1d the dsfenisnts attorney may submit snsni nsn
thereto The stay IL 20 b. The further order Of the
Court, 20 a. 70 ~ under ibs control Of the Court
Court Of General Sessions.
Mt.