The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-09-05

In said pretended voucher were never purchased ID
said MAcdonalo and were IN fact tho three hun ire
paen OF nonr which were received by tho said def,r
| cant on tue division petween him and Che said w. s
Cnryser heretofore set torh and that the sd pretend
ed youcfer Is false in every respect
tended disbursement account next heyeinbeore referre
10 the defendant charged to these plaintiffs four thousand
hundred and eight barrels Of four stated 10 have
purchased OF the said j. Macdonald and IN substsnte
on ofssd charge forwarded to these plaintiffs with said
account pretended voucher OF which the following il
a copy
CT SAN FsAscsco, Aug. ., 1858.
steam.hn M 4; GGaRasoS. GaInns. Agent Nicaragua }
For 2os barrels superne -four purchased at s22
Received payment. c. J. MACDOHA AID.
belief that the said two hundred and cssh barrels OF
hour were never purchased by the defendant for
OF these plaintiffs but were part of the aour held by
Chryser, as herenbeiore stated, and that said
last mentioned pretended voucher is also false,
his said disbursement account mt creasted ,I' to To
these plaintiffs the proceeds OF one hunred and
,oar Darres Of nour alleged to have been damaged
ana SOFA at auction announcing TO the OF farr hun
area ana one dcllars and eighty four cents sAol s4
s Wncn m one nunaFsd and ts opr barrels these pan
toned.
belief that the defendant has time to time drr ng
The period OF his said agency for these plaintiffs fraudu
epNy ouu rrCstyeu N01A persons to whom
las gwen hs pan onsge IN purchasing Of them supplies
for tie steamships fhese plaintiffs aud EMPLOYING them
70 40 apor ior said steamships large of money
Tor giving them such patronage but the
amount Of moneys so received by the said defendant
these plaintiffs are unable to state And these plaintiffs
ailege, upon Information and belief that the result of
auch improper and fraudulent conduct on the
part Of the said defendant to cause tue
these plans The articles sold and labor peror med
by them much larger prices than they otherwise would
bave charged whereby the plaintiffs have been defraud
ed OF thousands of dOifars
And these plaintiffs further aiege on inorm milton and
belief that in the course Of the business of the deendan
as agent Tor these plaints discounts and Attachments
have IN many Instances been made upon bills rendered
70 hm az ssent oy persons with whom he has dealt
such agent bot that the defendant has given credit
10 these plaintiffs for the abaed and charg
ed TO the plaintiffs the full amount OF sucn bills.
belief tnat the said defendant has from time to time du
ring the period of his said agency procured pretended
vouchers purporns to be receiptcd bills for hams aeg
ed to have been purchased, which hams never were
purchased as stated in said bills, aud has
forwarded snch pretended vouchers these Plaintiffs as
genure vouchers far goods actually purchased has
charged hts rendered to the plaintiffs the
amounts stated in said pretended vouchers TO nave been
ad ter sucn hsns and has retained out Of the moneys Of
these Plaintiffs the sums so fiaudulery charged said
accounts.
Ara these plaintiffs further allege that the defendant
has, III his said accounts, charged u these plaintiffs up
wares Of tha sum OF six thousand two hundred forty
dollars (st 24o as having been PAID by him FOR OF
soreroom IN the City OF San Francisco That being
cated upon by these plaintiffs explain his charges for
said rent he informed these plaintiffs that the premises
WaA charged were USED tue
Of slowing merchandise belonging TO these plaintiffs for
the use OF their steamships But inquiry these plair
hs have ascertaned and they therefore alleged that
premises or which snd rent was charged no. used
as storeroom for the purpose Of storing goods for the
plaintiffs but occupied by the defendant and persons
IN bis employ for their own personal use.
That the defendant has retained of the moneys of
these plaintiffs, which his as their AGENT as
Aforesaid the sums charged fer rent thus de-
rauded these Plaintiffs out Of upwards Of six thousand
two hundred and forty dollars (s8,2s0).
And these plaintiffs further aege thaa the accounts
hv tbQ ALI untpf in,
rec,s other than herenbeiore specifically stated alse
AID randuent and that the defendant has retained
agent as aforesaid largo sums OF money In addition
those herein specifically mentioned aud he particulars
ana amounts Of which these plaintiffs are now unable
And these paintas Iurther aege that during the pc
ROO o his agency ior them as aforesaid the defendant
Las refope ou OF the moneys which TO his
as their agent the hundred and eighty thou
s s se.o .ss a0s and IS e
that by reason OF the frand and misconduct OF
the defendant in the conduct Of said agency herein
before set forth, he is not entitled In lag 10 any
missions such agent and these plaintiffs
titled TO Of him the sums retained by him for
comruissit ns.
Ard these plaintiffs further allege that during the Pc
rod OF his said agency for these plaintiffs the defendant
aried agent OF the steamship Sierra Nevada "a steam
ship not belonging 10 these plaintiffs, but which Was run
IN their sad ne between San Francisco and san Juan del
sur and that he received and retained of the
gs OF the said SEAMS dip Sierra Nevada for his commits
tgcni or such steamship about the Of sxiy
thousano dollars (St0,0t0) for which commissions these
Plaintiffs claim thai The defendant Is bound TO accoant 10
them.
And these plaintiffs alege that the defendant has no,
rad to them the moieys herein before alleged to
have been irauduknty retained BY him, or any par,
thereof.
Ard the plaintiffs claim and submit, 10 this Honorable
Copr ha, by reason of the manifold frauds and false
hoees herein charged upon the defendant In tue
Grct OF the said agency and In the rendition OF his
accounts, they are eLuced 10 accounting by the de-
fendant, or the direction OF this court for all the
monies which have during the period OF hts agency for
the plaintiffs to his hands their agent That they
emitted to OF the defendant the moneys raudu
nty retained by him hcrcnbcoge particularly stated
for alleged Disbursements and for commssiont together
with interest and such further sums a. may upon tho &C
counting herein prayed for be ound 10 be owing from tho
cet ndant 10 these plaintiffs.
These plaintiffs therefore demand judgment against the
def ndant the of ve hundred thousand dollars
(s5c0 c00 the herein specifically alleged 10 have
been iraudeny retained by the defendant out Of the
moneys received by HIM their agent and for the com
missions retained by him and also that true account
may be taken under the direction OF this court OF all the
monies received by the said defendant a. agent Of these
plsr,iNs, and Of the Opposition mado by him OF
tuch moneys, and OF all suns due from him TO these
plaintiffs IA respect OF bis transactions as their agent az
aforesaid; and that the defendant may be adiudged TO
pay these plaintiffs such further may such
accounting be found due from the defendant 10 these
plaintiffs, IN addition TO the sums herein before specifically
claimed, and the costs OF this action
CTAs. A. RAPALLO, Attorney for plaintiff
g. NlSnrRRiT, President,
lated, Nkw loRK. Aug. s 1856.
CSy and County IF hsw Fork, a.--James ~ Cross OF
said city, being duly sworn doth depose and say that he
s orccior Of the Accessory Transit Company tho plain
rs IN this action and has examined the accounts and
vouchers rendered by the defendant agent Of the said
company from The st Of April 1853 TO the present time
That be has personal knowledge OF many OF the material
iscts alleged IN said complaint and from such his cxam
ratcn Of said vouchers and accounts and bis personal
know ledge of the matters referred to in the aid COM
pan he says that he Is acquainted with the acs OF this
case.
And this dcponcn further says that the foregoing com
paint true 10 his knowledge, except A. 70 those
matters stated information and belief aud that AZ 70
those matters he believes u 70 be true ana is,ther
saith not JAMES NJ. CROSS
sworn this ID day Of September, 1850, before me, "
&. Evbf1r, Commissioner Of Deeds.
SVrFRloK CoURr.-7he AcocssUy 7ronsu Company 1gt.
ca Eeius r. Garrison City and County g Nec lork, S.
--Charles /. Seabury Of New Bedford, Mass, being
duly sworn doth depose and say, that he was at dine-
times during The years 1853 and 1854 commander
OF the eamshps Pacihc Cortes and Brother Jonathan
Ct the stean' hips Of the plaintiffs plying between
trarcisco and san Juan del sur OF winch steamships
the defendant agent that deponen was, during said
perod frequently requested by the defendant 10 sign
vouchers for supplies furnished the ssa steamships but
the prices OF which supplies this deponcnnt had no
knowledge that depoBeni frequently objected 10 signing
sad vouchers but the defendant would reply thai was