The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-15
Marine Court.
Before Hen. Judge Maynard.

TIE LATE MANAGEMENT OF TIE nvNe HOUSE.
APRIL 14-Bouce Morgan u.s. Nayior-rhi was an
action for $3.50 50 for butter furnished for the Irving
House in January 1885, The defences that the
was not charged the plaintiffs booss to the def ndant
therefore the credit not given to him. and also that
he sold out leased the Irving House and furniture to
Galasr, the LIST dsy OF October 1856, since which
time he has had nothing to do with it,
MAYNARD J-The fore part of October last, the defend
ant called on tbs plaintiffs and said that he came
there 10 by butter for the Irving House. and selected
Galasr to charge the butter to- He said Galssr had
charge of the irving House, and wished them 70 send
it." Ths plaintiffs told him they did not know GAilssi,
and would not trust him. Nayior then said he would be
Ds e, +: that S. aS Ss q G
AMI Whatever the Irving House ordered no wanted
sent up, and he would Dc good fOr It as long Is
The butter charged PLAINTIFF books, Of
1t the Irving House and some OF IL to Mr. Gsllaer.
The rule OF law that the credit is given to the name
until rebutd by positive proof In this there
positive evidence Of two Witnesses that the credit
given TO the defendant Nayor that the bills wee made
out 70 Gsllaex by DEFENDANTS direction. One of the
witnesses Of the firm, who had sold ont his In
tleman unconnected with the concern II these WIT
mistaken why did not Nsyor take the sAnd
But who lie Gaaer s April 1865 up to the first day
It October last he was head man In the dining room Of
the Irving House: under Nsylor the defendant. He was
without means any kind, and without credit He was
the nephew Naylor He leased the place from Nsylor
the frst day Of October 1885, per week. though
the lease was rot executed till the 10th Of October
ylor The defendant got up the lease Gai,aer does not
know who drew it nor where it was made Naylor
brought it TO- him to sign and he signed it
and at the same time, bought Of Nayor 600 Of sup
plies AID things than in the Irving House. and worth
but little except for that concern ami With clause in
the lease, THAT said Naylor stall be ct liberty to termi
Fate this sgTe ment sn6 all the interest Of said Gaaer
therein, ct any time, upon giving TO said Gallasr
weeks notice in writing of his desire to do" Gal
aer signs this asse-sutec ing himself BE- dispossess
ed weeks notce-w.th 81 600 Of useless preSssty
or his band-wtbout any fault on his part wihou. any
compensation for damage, because Nayor desires he
should leave. is this honest transacti0nf Would
Mayor be k ely tc trust any man 81, 000 who had
means snd no c.edit? Would GaNaer bs likely TO obh
gate himself psy 000 supplies and things in that
hotel that would be cut Of it. II liable to be
turned out week without cause unless he could be
made good for his outlsy? Who carried this house
after this charge Of Gaser from hssd in the din
irg room" TO 'prcprietora Gahasr says that he don't
know the men he traded with, only from the bills
tnat we're sent in that he don't know who bought the
supplies tor the house; that he had money
that he bad no credit that all the money he received
himself he paid towards the bills they except
&1 (e that he paid to the defendant Nsyor and that
Mayor had dopea the outdoor business for the house.
he thinks, and took money out OF the whom he
blessed am clearly OF The ornion the credit for the
butter was given to Nayor-thst Nsylor hsd the avas
profits OF the house. and thst the action between
NsyIor Gallaer fraud upon the creditors Of the
h,.se Judgment Tor plaintiffs for the amount OF their
hill 8sE6 a.