New-York daily tribune., 1856-09-27

the Sd day OF January fOnOWIng seltIeu pet"e'h
them, the account for purchases made by each pur-
fuant to said original agreement narked schedule Az
for tie cargo Of said bark John W. Cater.
That upon such final settlement the account set forth
in the complaint, and dated January 8, my, was
stated and signed by the parties, and such settlement
was had by the defendant paying to the said harvne
the balance Of nine hundred and nlnety-four dollars
and five cents 1894 O5) in the in said account
specified, such payment being necessary to equahze
the said disbursements account Of such cargo and
thereby each contributed equal half part of the
cost thereof, according to the accounts upon which
such settltm was based
Tint in the account so rendered by the defendant 10
said Marvine. for purchases made by the defendant
for account Of cargo Of said bark John W. Cater az
aforesaid, were the following errors and overchaiges:
Hall Palmer over : WintringLam over - ~.
$lCO Oo charge *21 C
i%itns clair, o''y 80 90 H. O. Wood over.
'SIa SVtreEsise E lu 10 @ lso 90 Oliver Van Every,
''Ts %D'e Co., s Is JoSn fSaby over
William f. Lawrence ChaTge............... IL "
oveIChaee..,... 2J6 WI
An overcharge Of interest as follows:
Interest &c Of purchases made by defendant fo
Of sad baIk acusy made upon cedi, OF ix months hat
in the account charged made for cash. 1oJ 81
credit Of six months but in the account charged made
upon credit Of four months. 20
Sizth That each and all Of said errors and
charges have been discovered by said Marvine since
the settlement If said Dir busemet and cargo accounts
and that the payment by him to the defendant Of an
| equal half part Of all the items above enumerated,
except the ovcrcharge Of interest last mentioned and
TO that, the payment of the whole thereof was
made upon the accounts of the and rendered by
the defendant to said Marvne as aforesaid, and upon
the faith and credit Of said Mar,ine that said accounts
70 rendered were correct.
SerenM: That said errors and overcharges, exclu
sve of said overcharge of interest. in the aggregate
amount TO two thousand two hundred and thirty-on
dollars and forty.nine cents (s2,23l 49, half
thereof being one thousand one hundred and fifteen
dollars and seventy-five cents (Sl llj 75) and the
interest upon said half, from the respective times
Of the payment thereof by said Marvine TO the de-
fendant as hereiubefore stated TO the date Of this
port amounts to five hundod and sixty-one dollars
and seventy-seven cents (sjGl ~.
That such overcharge of interest amounts in the
whole to two hundred and ffty-uine doars and eleven
cents l$2J9 III aud the interest thereon from the time
Of the payment thereof by said Marvine to the de-
endant, before stated wiz: the third day OF Janu-
ary one thousand eight hundred and fory-nine), TO
the date Of this report amounts to one hundred and
four dollars and seven cents (SlO4 O1l
Firth: That the difference between the one half of
to the defendant and the sum which said Marvine
paid defendant therefor upon the representation that
she cost twelve thousand dollars (sl2 O00) four
thousand dollars $4,000
That deducting thcrefrom the sums paid by the de-
fendat as above stated for perfectng the title to and
removing liens upon said leasehod premises, No. B
Murray street leaves the sum of three thousand seven
hundred and seventy three dollars and twenty-nne
cents ls3,773 29l.
Interest upon said sum OF three thousand seven hum
dred ard seventy-three dollars and twenty-nine cents
l$3773 90 from the twenty sixth day of January
thousend eight hundred and forty nine the day the
said bIarvine transferred said eaSehold premises to
the defendant the date of this report amounts to
thousand eight hunded and sixty-two dollars aud
eleven cents (sl S62 H..
Ninh: On or about the seventh day of November,
thousand egL. hundred and tory-nine, and prior
to the commencement of this action, the said Marvne
duly assigned and transferred TO the plaintiffs herein
all claims and demands which the said Marvine had
against the defendant arising oct Of said adventure,
the purchase of said bark John W. Cater, or the ds
bu,sement cargo account of tie same said agree
ment, Of which copy is annexed to the complaint
herein, and marked schedule A.
We do further Report, as cCoclusion Of Law upon
the facts found:
Frst: That the plantiiis entitled to of
and from the defendant the difference between the
half Of the acal cost p,ice paid by the defendant FOR
said bark JohE W. Cater, and the which the said
Nafynt paid the defendant for said onehalf less the
paid by The defendant for eIfectn the title
to- and removing the Eens upor said leas.hold
prtmises, namely the suIa Of thre. thousand seven
hundred and seyenty-;hroe dollars and y-niue
cehts, ls5,7'3 .9), with thousand eight hundred
GHd sixty dola.s and eleven cents Sl $50 IL he
ing the inessst thereon from the twea tysixth day VI
JaIi1aiy, one thouss1d eight hundred aud forty-iue
above stated N the hole amounting 70 FIVE thousand
elk hundred AID thi1y-flve G-nars sES forty cents.
lsj,635 40.
Sse0na Tha. the plaintiffs are entitled 10 recover
Of and from The Gefendsnt the ore hall OF said errors
and overcAargcs above enumerate&, amounting 20 one
thousand hunsr,l and fifteen 4snars and seventy
IL ur cents 81 ll5 40 with fyc hundred and .xty1pe
dollars and seventy oats lsjei ~ being the
roiet thereon TO the date thereof from the tunes
said Marine paid the to tie def, sian, a. above
stated, in the whole amounting 10 one thousand six
hundred and seyen;y-seyeR dollars and ifv.one cents
($l ca 5l).
7Kird: That the plaintiffs sac eA!el TO recover Of |
ard fIom the defendant for said 0yerchage OF Interest
above specified the sum of two Hundred and niue
dollars and eleven cents $2O9 H. with hundred
and four dollars aud seven cents Sl0i or being the
interest thereon TO the date hereof from the time said
Mar,inc paid the same 10 the defendant % above
stated; in the whole amouning TO three hundred and
hutecn dollars and eighteen cents 1913 ls).
Finally: That the plaintiffs are entitled 10 judgment
'1reD agapst the defendant for the cum Of scyan |