The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-09
Superior Court.
Before Hon. Judge Sloss0a.

ooioS0 nO1 jugs oioosVus
SUIT FOR THE VALUE OF sHAREs NOT DELIvx3sD
DSc. s-AarOm ,. Black The Ldfaroe FIRE Inswswol
Ctmpany -The plaintiff In this assignee d
James Black, Who the month Of April 1853 subscrbea
70 the Laarge Insurance Company for thirty i've shares
q the capital stock Of that institution $50 psr share
and Afterwards In the latter part Of tho month"; he
subscribed for twenty nve additional shares also ri $50
share making In al sixty shares for whoh the assgnor
paid 10 the defendants So 900 on the S0sh Of April for
which he, the sssgnor, received certificate Of shock
On the 18th July following the defendants delivered to the
assgno7 thirty i've shares twenty Of which in biz
name, and fifteen in the OF Clyde Back, leaving
twenty five shares still in tho possession Of he defend
ants and which he has not since received and no de
James Black the asss nor paid Them the sum Of 0o0
ana .ns Al any time ne made payment 70 We CON-
they have twenty nve shares In the possession belong
parties 70 this suit subscribed for stock of tne den
dants' company about the time OF the organization OF the
for twenty Ave more; paid for the STOCK by giving wo
checks 70 the commssionsrs OF the company-one sor
$3.50 and the other tor the checks were paid GSd
charged 70 my CUNT In the East River Bank; have
received certificates Of stoek-l6 shares Clyde Is
Black, and 20 shares for my self.
Cross examiDed-l gave the checks to the three
mssioIers-Jas Westervet Jas. Brown and W. Van
Wa&enen they were present In the office OF the Laarge
Insnrai oe Company when gave these checks ono OF
the cheeks dated the 27lh and olner the
3o'h April (paper produeedO THIS Is the receipt got
from TIE company; have received only ,nirty Ave
shares from the company and have not authorized any
person 10 receive stock for me; OF the orig
nal stockholders Mr. cob westsrvelt first Pre-
sident OF the company and br. Michael Carroll the first
secretary; Mr.. Van Warden is president; do not
know when Mr. Carroll left the company; Mr.. Esls is
now secretary; think i ~ss n 1904 m.de the arst ap
shares anc produced TO the present officers my stock
remember appearing before committee OF the Lsiarge
Company then stated had given 81, $50 In cash and
for 81 $50; thought IL after the committee
had reported adversely to my claim this 10 Maren,
1896 made the discovery Of the mistake; probably
made that when the note round hand
II was renewed and was paid when became due dis
covered that paid cash before this suit
(Satemept OF to Comptroller produced
In which he swears that no had paid part In cash ana
part by noe-ssne a. made before the com.
mittee OF the Latarge Company. Witness said
that that affidavit signed by him. my brother
and sister TO take fifteen shares and TO take
quesed to increase my stock told Mr. Newhouse had
not the cash but he told didn't make any difference,
that lcould give my note ano Mr. Brown VINO was d.
OF the East River Bank would have discounted
tor me; in order that might obtain the funds gave my
note, ard Mr. Newhcuss filed up TO the order Of Mr..
Jas Brown; 1t was discounted for me- and tue money
passed 10 credit at the time Of tne discount had
about 81 $40 In the bank and the discounted,
which Increased to TO 81 80 more had besides that
Clyde Blacks check for $3.50, which was deposited
10 my credit; In March, 1885, remember producing
for 81 $50 before TIE OF thar Company do not
remember being asked Tor the check, did not stale
that was accustomed to destroy them when returned 10
me- ola then state that could produce my check
VIM B. Balou, Cashier OF the Fast River Bank deposed
that the Sd Of May 1852 check Of Blacks for
$3.50 deposited credit OF the Commissioners of the
Laiaree insurance Company. and on too 9tn OF May
there q check OF Mr.. Black for 81 $50 the
credit the checks charged to Mr. Blacks account;
there note OF Mr. Blacks dis, ouned the Sn OF
May fer 81 $50; there funds 10 tho check.
harceilus Eeis, Secretary Of the Lafsrgo Insurance
Company deposed:-Mr Black came TO some time in
the ia Of 1854 and ed for sixty shares OF the capital
stock; surprised and told him that there had
some stock Issued; there was $50 and 250 Mr..
Back produced q certificate and subsequently
admitted that be bad received 81 eco OF stock ana Clyde
Black $3.50 of stock bet he Claimed that clyde Black
bad bought $3.50 OF stock from the company; found
there entry in the books OF the purchaser 10
him strange be had let the matter lie long he
tsi3 ne had given Mr. brown bis for 81, 25e aud
there had been transactions bet them which caused
the matter to lie; told him transaction between Mr.
Brown and him must he settled between themselves;
aAkeo him Tor hr checks; be said they destroyed
sstpy OF Eesss Nsscu fryer B. ooks and the claim
was dsalloved; had several conversations with Mr.
Black In relation &c the natter ne said he hal given
note 10 the Com and then he said he had gven
II 10 M Brown; he TOLD me. after the commencement OF
This suit that he has paid the money for the stock ne
said Mr. Brown osoout ted hs and that he got the
money large amount OF stcck-over SIC, oao-so Jas.
H. Brown Mr. Black bad been director Of the company
from the uoul June 1855 the scrip BOOK
Shows twenty issued 10 Mr. Jas Black and twenty
10 Clyde BACK; AR. Black scid part OF hs stock
transferred tsen'y Of his share 20 Little x Co.
After soms further testmony, the Coart charged thai
gu, sion tor the Jury, as 70 the crefibiy Of the
- tmopy Mr. Black, Whether he bad ContrAiicted
here what be had stated on former occasions.
The Jury found . verdict Tor The plaintiff for full
mount claimed, together with interest, making In al
al, 5o3 81.