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

Fernando Wood
The plaintiffs set out n sha' Complaint that SON
time IN or about the month 81 - Pter'oer IN the yss
ls;s Edward +. Msrvine, thes vi the thy of New
York. having been previously to, ana beng at tha
time on terms Of intimacy with, asA rePosIhg grea
corfdepce in the defendant Wood was e.dled upon b,
the said defendant at the residence Of The aud EdwarC
= Msrype and the defendant I-oposeo to the sold
Edward f. Mavine to unite with him ir Dnt al
venture in the purchase Of goods and merchandise
N,w.York. and shipping the articles ~ purshared to
San Francisco. in California. That for the puFpAe OF
;rducrc the .ad Edward f. Marvine to ent.~ IN the
said rropcsed joint adventure the said defendant
,bs, time represeuted that he had received a prvat,
l.,,e, from f. q. Larkin, United States Agent re-
siding q, Monterey in California, recommending hln
the said def,ndant to make shipment Of merchaN-
disc o San Frnncisco, and mentioning large amount
f ,-;c of merchandise which il would be advisable
e. ~. laid defendant 20 purchase and ship 10 that
not And the said defendant at the said interview
,roduc,d 10 the said Edward +. Marvine paper pur
ro,t;nc to be a letter from the said I. o. Larkn ann
f., u signed in hi proper handwriting and to be dated
ard written in California, in or about the month Of
July. 1873 which paper ncited that the said I. o.
Iork;p was greatly indebted to the defendant for "a
Won which said LaIkn had Heretofore received from
lin. rrd that .aid Lakn had never been able to re-
,r the favors "a received until the time of writing
,l,e same and that he would reciprocae the same i
the defendant would purchase II New-lork, and load
upor one Of his vessels and ship TO San Francisco the
articles Of merchandise of which list accompanied
ssd letter to the amount of ten thousand dollars and
that the defendant would realize profit therefrom of
at Il at one hundred thousand dollars. That the said
Edward Z. Marvine, believing the paper so produced
a. and r,presencd by the defendant to be, genuine
letter frm the said r o. Lakn, to be such letter and
confding in the truth of said representations, was in
duced TO accede to the proposal made by the de-
feriant and to enter into negotiations with the defend
ant thereupon for making purchases of such goods,
and for a shipment thereof to San Francisco on the
ion and equal account Of the said defendant and the
said Edward T.. Marvine.
The plaintfs further arege that the defendant
Wood in the of these negotiations, propoe to
Maryine to put into the adventure the bark John W.
Cater at the cost price to hun, Marvne to pay Wood
half ofthat cost price to become half owner and
that we. know ing the ignorance OF Narvne of the
value of shp- and vessels and the age, condition and
vuue Of the said bark John w Cater and also well
knowing the confidence which Macvne WAS then re-
boring ID his truth integrity and good faith, he, Wood
falsely and ffauduentiy represented to Marvlne that
II bark John w Carter was the n worth the sum OF
$l4,Ctc, and that he Wood, had then recently paid
lie sum Of $2 coo for the said bark at the same time
exhibiting to the said Mbrvine paper purporting To
be the original bill of sale Of SAID bark TO said Wood
ia wi ich the sum set down at cl2,VOo ana that
The egc Of the vessel was stated al eIther nne OF
eleven years and that believing these representations
of W ood the said Marvine was induced to become
purchaser of half the bark Jean W. Carter at the
price of 81 GEO. and to enter nlto written agreement
with Wood, copy of whish IL ANNEXED 10 me com com
plant. According 10 thas agreement Wood and Mar
vine were respectively to make purchases OF cargo
to the extent OF one half each. Wood undertook
to AIT ships husband, TO conduct her h'ing out,
make all the necessary paIcnses of stores supplies
and oUiftS receive such moneys as NJ ght he paid IN
ad snce for passage, and render correct account 10
Matyine Of al receipts ead disbursements, any bal
a, e that might the credit OF the vessel to
b.. equally divided betreen them, any dehot 10 be
,sade coed 10y n rvine 10 the extent OF oas hall.
Accordingly after the departure of the vessel on o.
about the 2lst day of October IN the year ioio e h
Mlk John W. Cater having sailed oa the 18TH OF me
month"; Wood rendered to Marvne aH account oi uc
III, burepens nnde by him. under said agreement ior
tie fitting out of the vessel and the purchases oi sor9
and supplies made by him therefor, a copy of whlcn
account is annexed to the complaint. IL IS alleged
II at the ors ina rendered Is all In the hand
writue Of Wood, and the signature TO 1t oi WOOD :
name his own proper signaSei thht AZ me .i.'u ~ y.
rendering said account Wood represented that II was
correct and true aud in confirmation OF his represen'
taops produced and delivered t. MarvIne papers pur'
porting be the original bills, invoices ana vouchers
taken and received by b fer the disbursements 80
made which bills inv oices and vouchers, so pro
duced and delivered, eorfesponded with the charges
made therefor respectively, ia the account 50 rendered
ard fully sustained the sccount as rendered. ta. s"iu
Edward f. Maryne examined said account a. rehueteu
and the bills inyoees and vouchers, 40 produced u
support thereof and believing the representation mad
by Ike defendant that the said account was core ae
tue and that the papers so produced ana 0!
him ia SUPPORT thereof original and true paper
and documents not forged, altered, or simulated IN,
mid Marvin setted tie said account with the delend
an, on the 7th day of November 1873, and pald nm
one hef Of tie balance Of said account, amounting
| tie sun OF sl ,7?j 43.
Tie plaintiffs further allege that after the departuu
! OF the vessel Wood rendered an account 10 MFrVin
of alleged purchases made by him. tor the carT" 20 tn
amount OF & ,jlO, exhibiting at ea time what
roTreseLtod TO bc the original bills invoices. In
portion OF the cargo Purchased by Maivne amounte
10 Sl3je H. mak: ior tie cost of the entIre cargo
! tbLe Weeds representations as true, the sum
| $.5 g}S 1c-tuS giving the Joint interest OF eac
the sun Of $l2,969 80.
+ Whueupon tn- ... 80 Aaryine, believing the state
neIts anu lelIese nations made e. WOOD 70 pe True
| md the bills Invoices exhibited by bin - :
,nuinc accurate and unchanged, or about the 81
| iav Of Isnrary 1873 settled with Wood the accOun
render end stated by him, Of the purchases mad
oi said cargo oil joint account-which settlement wa
.'t forth IN memorandum, signed by the parties
! lullOws
TrRyANpO wOoD ToE MAnvrsE Dr.
To- 81, sreuoi " " PuT. has Of e:Eso @ hip
zach rsTts 10 sl2%S " SIG
! ~ npl a-' ttCrt Il 10 BE- sdccd......... i'' .
=, To,,l ,l................. s5,5s2 .
! X balance dnt Ncss.l. ................ $50
/ 81 - i-..r... ~, .h, v...-.. 10 10
/ On, N''' 20 b. Ped BY Linn............. SO "
| ir',r'-t above iroih r. b. y u OcCbr = ~
/ tr' Mo- fa b. Islc by him. 25D "
| iaier.. or a.ny. .r,r SarcL 10 Oct. 10 ~
! 1w..te month .hterss' above...... II - .os g,
| o.. r,1l.a-. ~. E., A-rray ,r,.t... ~ II Aoos u
! n n. a. teu $685. o
! p.f.,. - -, 49, a., "A ia. - 9el u
/ !. = ta4. @. =, ....-. ,,-ooD
/ t~.-~fdi FERNANDO WOOD.
/ EDWARD r. MARVISE
b.. IL relation t. thi- whole TRANSACTION the pam
! O. ale that the defendant Wood was guhty OF 'n'
! follow irg Frauds that i to say: -
frs,: That Wood had received no such let,ef .' Ho
thomas -. LaIk a. he pretended, but thht tle ~