New-York daily tribune., 1856-05-02
Id " LNTELLIGEN!C.E.
supERIoR couRT-srrcrAL rr,s-AprH iMs

pleaded with Com, nas and r Po,IIon
Ms'.' " f. and B. Cuiti,s Attorn.ys sndF cusoy and
O'COr Of council for pia Bth Mr.. Tnsddeus L.pe
Atu.y, and O. Dean snd Jas Brady Of counsel for do
BoswoR1u Justice-Oa verified complaint served
suoken oaly the plaintiff for injunction
rs Meyer and Stuoken from selling conveying morsssng
IL ner dioAng 81 The steamers Ocean bird
nn'e, aud one third of the United ss'e-. Ths
sc and Of his motion ia 'hst Meyer aud Stuck agreed :,
loan the l!Gnuh rs Co the security Of bill Of sale
(sh.oue IN form and terml Of the rs n.ned steamers
and of third Of the ohe aud having payn Of
+l2j(C ec1ed Meyer Stuken to be rnsds in f,ur
Months Tha Meyer and Stucken Poioa
s The representative Of ana o. and for the benef.
Of ihs pand to sell 70 c. Polon within fo1r months ior
- @5 co In other words So5oowas oared tue repay.
Of the in eur months with premium Of % COO
wsssecured and such w the actual contract and nen Oft
Tie theory Of Meyer AID stuesen tia, Oaa made.
were cold by the psnf and purchase by them god faith
tou' publication Ia fact intent at ocn and that sub
Meyer ard SucseD agreed to sell 70 c. Poon for s1 Ooo
that his sprbcs oa 20 purchase exclusively his
On the see Of ht Ises e1eou.ed by the parties their
behalf the stands thus b Of sale Of the Ocean Bird
eCuted By H. POou for the expressed consider OF @ 0
Of ST. Law for The recsd consideration Of $500
executed by the psn and Of one tbifd of United
plaintiffs oil dated the 5t Of September 1882 s'd 81 executed
10 Never and siucben delivered 10 them, with cove
OF tb. lsnf aud of Poulon that all the es Oh the
three steamers do 10, exceed $1,000 ,. -. ,.. g.,
the psiut snd Lane, who had been actog The adviser
cyspspt dated Dec o. 1876 agreed with PoDon and
sgrtepg sced as sgens Of meyer stueken) that Meyer
with e. Poion sell him these within said four
moths ss9s tor III 20 T ht .s the aSdGs hs o' say 's
teHSed BY said Meyer stuoken the custody sale
Ion might take the ST. Lawrence Cuba bis r.s aud
pense se her and MeyeI sucken woud vey her 70
cd nd a her thai Meyer tuc, deduct from
said selling Ince Of any less than 800 900 which
they should have pe for the consideration money or other
wise have become liable tor
executed c. PCOn agreement terms such as Nssnh
q Lane toversn,ed they sbOaid execute
Ft,a po,ci sse OF the fTe stests prices amounting
ne sesregs,e e eeone al es'egnneh' ~ one uay
il four months on being paid i25,Coo
that there loan Of SoseOC interest Of 10000 for
four month"; Of the money, that these Agreements
psn parcel Of the Transactions and devices to Soreea the
C. POLLEN did not agree that he would purchase Graham did
There was advance OF sos 900 without the per-
' or es5ss s I s H. e5se e.n 70 f .
worb woad ell at forced safe for at least hres
5 and that plaintiff bad contracted sell the Ocean
bro for 200 Mr. ssnquius who TO and was ready
to psy on completing the sale, $4,000 10 cash
anything like it, and that Meyer sucken purchased ne
sttamers for th'ir full value ,,.,.
plaintiff Int aver. ths they toSuey REUSED to loan hi any
from hem to rese to him but AYERS that they
any such 1t alleges that several oas to purchase
n AT this made Oh bic account fr hsow interest
matter wholly dscobnec ed from their purchase from
Tue answers that Meyer Sucken besides the slo5
co., paid aud become liable to on scouu,
.us that upon the steamers when they bought and
which Graham failed 10 cancel or extingush. - 49,
alleseo that the defendants irresponsible aud 1t
that the plaintiff hos received In money Of Meyer
SuckeD ale5O, which, together with the fu' her sum OF
pay fully about hs the value Of the Ocean Bird and st.
Lswferce es estimated by Graham; -
Of the Court and IN s fruits he establishes hs case
Sb1,bDE IT, sS. be Determined TIA, tAe was
sale the pspsn executed Import woad be great wrong
MyeI Stacker and cessay gieatnjny TO be eDJon-
cd nom uIslIg
Under such Injunction should rot he ganted
Sbe that the truth If the traDsacton the plaintiff
be- AID that such remedy necessary to secure to him full
There of the deserving special notice:
Ii appesTs that the sgreement executed ~ G.
Poon the ST. Lawrence taken to Cuba. aud the
Ilsiltf went in eomms of her
pan axe sale Of her there frustrated BY CERTAIN
sen Ss Of ss s TO to whom they
ot power Of attorney to represent their teIest IN Ts:pss
eerd as the eoDpaiasut states from Basns
that dss d5 a1e S Tofd' oo
iey from Mesis Meier stncien OF Newyors authorizing
account OF ioaa made ny
Ls urou the So anships Oc an Biri United States tnow
Bexco ana st Lawrence AID receipt for the sa7 for &C.
count of said Meyer Siucken"
Tie answer tenios aud belief that the plain
tin oeyea Bussue letter sntaung tue matter above
that he did such letter founded on rep
made by the plaintiff to said oussing The sn.we
sueh authority does The ccwpsiat ahtm that It. did
the American Coul and doe not deny that Graham saw ana
read it, suew rs whole contents .ue,
1.-The power attorney eoutaired clause OF ths
.eme meaning the extract cOpd from the letter tom 1as
tie plaintiff. should regard as ssGihe ,nt sct "
crge that Il did, shat The letter
Bussng and the extract copied from IT were written IN
alleged COZ tents with hs part Of the are
not entitled to very much consideration
The Cihe foaule on the srsument seemed TO me utterly IN
cor nc ', IA the that toIe boue fde sale BY Gaha
enda ,cha'e oflke ehsscerby Mer stuesen tha.is. I
l2 eco Poin pay any le. than the $4,000
Which they should have pad for the eonsd raO money
This seemed 10 me treating the plaintiff ald C. POlon a,
W. nice icS Poi!on wss to pay seyer Stucken add if
So that thy were, n the contemplation OF we parties me
person as TO al srts OF the aHsaetoh IN w'H '0D'1
Careful examination of the papers satisfies s that
A the con paut the matter 5000 q he $4,000 was
10 be @ Of s Is. s 60 BE- p in
suish the eIs that were upon the yeses IL was an g.d
Never stLCken executed to sell to C Pollo
but cubs que the execution by Nssmh Lane Of their
it is sy frstle from the papers that POlon rot onl,
trev the TACT that the pacn was TO have ae o wv pa
TO ay liens and that he had confidence that the Pan
e would 80 sfs 5 This covenant may have been dssd aud
veu ss security Poion, that the whole Of the o5 900
m The hens furnished be feeling entirely co96deet
hstf 10 that result woud be produced If liens for any
irrtou OF them by Meyer s:ucken on an a4teemen WIN
tie OF the claims 10 taSe 'he ID lieu OF
Meyer suekeh, lot oUly expecting TO pay zoe ,oI o
but being eeed to pay 70 ito GO ,ns metz 19ae ,b % es
T,ottry live such coyeusD which in effect would sioject
hen t m elt, or ,ss Of sue part Of the 1867 cO they
= ud no paid within the four months in cash or BY tes
assumption liabilities eStinguhirg Liens upon tas vessels
mimi the Injunction should b. granted becalsr
J. OI he paPors Meyer StucAsn purchasers
Ct We steamers.
> Th-y aver that Truth fact. they seual and
bona tulchase the full AID far price OF tue
There s 10 shown Of person either 10
saySIoed Of IT, to purchase ard
toT he steamers
However much GOabt eist 10 the fair actual cash
slue Il tie suere II suca evidence o
sdequtCS Os of all the Othsr fic
~ tlF n Al
.ctiou the The ,s losu OF th
secuT Y 81 tie vessels
s. ma ess whch ssy the least unsafset'ry e',ab