New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-04-19
IRCUIT COURT-APRrL ls-Before Judge MITCHELL
CRYSTAL PALACE STOCK.
Orin D. NUM- AID Kelly Townsend Co. ast Phinsas T.
bAnum

CIRCUIT COURT-APRiL l8-Before Judge MITCHELL.
CRYSTAL PALACE STOCK.
orrin D. NUM- AID Kelly Townsend Co. ast Phinsa'r
Plaintiffs were stockholders in Crystal Palace As
socistion OF which Mr Bsmum appointed in the .sy
tered behalf Of himself sod other de asios
,oI IN and 9TH 70 wndSs up roe
to wibdrs- the end sso 20 ssu, Kelly ro~nsend
Nrnn The suit eneree into an sseemeu whereby he assgd
In ssd suit beng wihdawn Gc " purchase
Assoc son the said MUM ano T. CO. might have,
rot exceeding z3 shares at s7l y share
months psioias rendered to Nj said .eocs bat
he rfUId u purchase ard them therefor the si
sbsre, and suit Ia brought to recover sco the alleged
In def IL h sd that il was ood At the time Of
nskips The agreement that tho liability Of Mr B.roun only
owned ia reality by Mr. Munn, and that
hs, .nce tbs, be did not forty odd
shares time. 10 so dened the stock tbs md
Of the six hs duly rendered 10 NJ bneum On tns
oth b.ud il 10 .sd the agreement intended apply
all the shares by the whole OF psutrssnd 1t fur
tbei n,ted that tencer vss dul, made Ia reply was
urged that OF claimed for thaa
held BY the whole OF the pate. the ssrseeat
but that portion held aud raIscred .serwafd oy
hessrs piion GorIns1. suo.neJs tor Mr. Mann Ia tn
sri MIR sloan and that the at transferred tn plaintiff
On the Isr of M hunn "" saia that M sloao held
IL stipulated IL the asreenent that 10 the event OF
before the termination SAID t months that put 90 per
cent instead Of III should be paid by Mr. b. Aootner anti o
Beers. in Seps ncerh. six months beios up IN Octobese
that the would be but So The sock solo for only ~ o.
share % hen said months up A
coLo Of the enent also tsst me INJUNCTION OBJ
tanned by them should be moved ny plaintiff and ~ Is con-
tended foI defense that It never vi" "a tact removed
conepced for defense that be original suit was owing
,es,ly to The rsIuusnt-it, Of psoua. council Il was
u,o all, led plaintiff st the tim. OF the sseementOct
s-ae,a o-ned s23 shares o. said stock. which
not the fact sud therefore, -eement void II
also claimed efense that plaintiff did lot vsidy tender
the stock eroers the scrip aith the power Of trans
should have been Transferred before demand
vi o. sde f.r the money
On part Of plaintiffs contendsd that the njanc
ton suit entered ito By M Beers IN Seps~oer vas ooee
Mr. flr.f Ma
ssrs to II per cent
The Judge bis change remarked; A. 10 the tender the
JuIv must consider Of law that 1t sufficient
A. the point that the agreement IN VIC alton o. tue
,bbpg the part Of the pfn,fs IN their not h,y
In the time suHcient toe pat OF plaintiffs
whether the esa tale the stocks, whether IL
vss held them by smother person ss In this cse BY MI
Sloan therefore he rsct ~as not void II on toe otn
Oet the signed and delivered the verbal
b.ps 9Th Oct Mr. Mann and his assoei.es
TIE ether p,niis who jointly inter- sted 10 the oin
suit the hole Of then the sad 20 shAreA A 70
the OF fraud plaintiffs represented 9th Oct
to bABum that owned u shnss OF the stoex but At
tie same owned only i shares aod that Mr. Bar
induced t. enter into the con la consequence OF
said fauduleDt taoos ana therefore void tue
J5ry ~il consider whether tbs pantif. Jointly Z" Hiesdy
stated vn.d 23 shares on sth ana 10TH Oct tney da the
poiI will isil otbervis- have effect -,
A. TO the alteration Of psof ths, the s1t Of NJ Bears Ia
September vu procured BY concert between nm ana MI
BsIuu they think and painit entitled 10 re-
1t viii be for III per cent otnerwise hr bsnun
hsS part is entered they will mn Tor IS GER cent
There cite points which the counsel Tor dsiel
ants ak charge upon boz which declines TX
Ire Jurv s.r .hr. absencs verdict iD favor
Of plaintiffs for SIS 3i s. being for said rs shares % pei
cent
I'VE have been frnAhei with the following paragraph
stsrs the result in more explicit form:
The remaDn question 10 the TO whether the de-
sspt should have credit Of IS she submitted q
fLdsD MIN :reot ther.or and found under toe
rulipg OF The Judge verdict for SIS, xs4 So.