The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-11-27

From the Bston Advertiser, November 70
JaepA D. Ea,ea rs. Henry Mia. and al -rns defend.
anti, McIus aowars in pay mont for certain goods sod
them BY ainirs agent, Capt. William D. Phelps, In Gall
orria the following certificate OF claim against the
Unned satcs government for the 1000, signed
by Colonel 9. Fremont and K. Wilson.
crIpap ANGELES. April Is. lsx7.
Howard the sum Of one thousand dollars for ammunition far
81 90 yons wrisos, Ordinance odicer csifornis bat
talon United States forces
manding California battalion.
This certificate presented 10 The United States
june isas ana payment vas refused Ssosue sns toms
Of ammunition In psy ment for which given BY the
government cers 20 the dsfend.n were not present
cd Nth IL The plaintiff in mcdlsiey tho DOZEN
oabts 70 urnh him with the items but they never
furnished. rho plaintiff sra'n applied 70 the United
States Treasury Department for pay mont In September,
1901 The swer then given him was that the same
bad been paid 10 Col Fremont for what appeared 10
be the same claim On the sam. day that the deendan
officers Meus, OF the defendants gave 70 J. K. vii
son, the government officer. the following bill and
der the receipt Of Mclus the receipt which follows IT.
UsnKp STATES ORDNANCE DEPARTMENT.
To mEiIus HOWARD. DR.
rvs hundred ID. lbs) Of Rife Powder q per ID
Received o. Cspt John K wilson. Ord omcsr California
Bs,asn " rcree. the sum q one thousssd dollars n
AserIrs, April II. ls47.
The ofoue thousand dollars for The
payment being therefore due 10 him
JOHN X. WILSON, Ord. olcer osl. Bait
BY using ~ . voucher this papev containing the re.
cepts Of uellus and Wilson, OIL Fremont obtained credit
with the United for 81 o0o This credit was Al
lowed him In settled with him septemher
ls4s before the plaintiff nrst applied for paymen, n
the certificate The balance was patty paid Col. Ere
before the plaintiff made his first application and
bad been wholly paid him before the plantif made hts
second The pAintf, Eaton claimed 10 In this
action 81 the defendants the 81 900 which the 10
ment had paid Col rrcmon, the foregoing receipt a
espe that tho form Of The receip, such to justify
the government In paying Col Fremont the 81 0oO that
the ainun's oevtincate thereby rendered worth
less asd hat ~ the dcfenf ants, by giving the reocip In
that FORM had enabhd Col Fremont 70 obi the money
RI the government and destroyed the plaintiffs claim
the defendants must be held liable. Sewa and Angel
for plaintiff; r. n Dana, Jr., for defendants
Hseiow, J. delivered the opinion OF the full Co1r
sustaining the action, the ground that though ~
sntn the rbk OF The United States confirming
Femonts acts yet the Defendants liable,
by svme he rceipfs In thai 70 they enabled COL Fr~
mont upon 70 obtain NE 81 COO from the govevnmeu
and thus, by their act rendered the certificate theg
ban sold 10 the plaintiff OF value The evidence did
show any fraud ~ the transaction but only careessness
on the part of the defendants and the defendants
careleesness occ0iored the plaintiffs loss, the plaintiff
entitled In this action 10 Verdict 70 be
asde and the 70 be sent 70 the jury ascern the
amount actually paid Tor the certificate.