The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-02-22


Thh y N appeal taken from judsm fos the plain
tins rendered verdict 81 Circuit, before NJ. Justice
MITCHELL tn an action for dsmAgv, recruiting from the
non funment Of executory contract by wnOh The de
endant ED 70 purchase nom the PLAINTIFF ALB snaxee
Of sSca IN entitled "tSe Ass'csSn Tor aes
10, 1855, for sl6. 2a4 b. Judgment August o. iSsb
for sle 07b rs. For the plaintiffs v commended thas
pr on = S.1sr himself and onsr. H. ...ooi
ates, plaintiffs, commenced in hh own name On
behalf Of hsen and all the other stooknoasers, N 30
lion against the association some Of s 0fioors ano
others set Asde certain alleged debts Of he company
Co. and Obtained aa nju.otion therein. HAznam, W
Win him in the enterprise but whose names have MOI
been Ill dhcosed, conceived the design Of becoming
sdenl and rescuing the association from ~ eoarrass
neAts For this purpose wAs necessary 70 get rid Of
the pjunctbon ana no opened negotiation a0ooSd.r gy
on April Z, 1854, with Mum, through Mr.. WAKES. Ne
souaiion pursued between Nupn and Barnum. Apr
3, 1854 Ans. 81 nnai meeting on April Is, 1864 the
having been agreed upon and reduced 10 writing
he agreement IVES signed BY The pAraes Hunn and
Dulon their counsel side and HArnum, friend
and Alao Mr.. Van Sohack his counsel, were present -
me rsoss the suit The di.oco
nuance, and that plsnts owned 313 shares Of stock II
Then provides: Fret that plaintiffs waive al complaint
months, shall purcoasc from PLAINTIFF - many shares st
they should elect not exceeding a2s q s7l per share
me time he, Baznum should elect 70 Semsna me same
commenced by any person, the priv ehoud oe reduced
70 500 Fer share Such o SUIT was commenced The yer
ing the present acsop he stock was SOLD n the Bod
Brokers by consent and $9e4 "a realised theresrou
~ jay 1861, HArnum proesey esg.1
just the months about 70 expire, he did VIVA
he ud 70 mbas the plaintiffs IN making tender
residence 81 Brsgepor Connecticut and was Presideo,
Of bank these put the only business 10 which be esV
personal attention wss museum IN New York. Oa TIT
oh October, 1864, Dillon O'Gorman, the plaintiffs ct
,orpeys sent to the museum letter addres rcd 10 Bar
mum, Offering 10 meet him q any time he might nse,
o. q. SSs S1os al 70 S me s0S mo On S
ner that they would meet him ct The museum On The
l3th 1t neon, prepared TO detvnr the STOCK. On the
prepared 70 deliver; bu, could no, Ind him. T~c
days afterwards he was found 1t the Museum, and
Us S he .S So s. on
into the Agreement without nst binding his
and 20 was determined 70 do nothing beyond what tue
law would compel several grounds OF defence were -
YIst-rhat there was DO tender Of The stock su ieu
70 pu, the defendant In deaut And, 10 this connection
claimed that b. some usage Of brokers, or Others
completed transfer upon the books OF the corporation
into me vendees name necessary to the perieoaon Of
tender Evidence Of this usage wa rejected; and tn,
dsiendsnts objections TO the tender we're overrulei
Seoondly-Tnere 10 nothing In the answer about the
stock ,oboing act r. 8, p. 7lo sec 0. And the de
fendAD express stipulation In the csse admitted tn.
PLAINTIFF Ownership Of the stock ct the time the writes
agreement was executed. YET something ives said q
Tnrdiy me answer alleges tbs WREN the sgreemeu-
was actually made the Fsnlhs frsdnIen;y represenieo
that they owned The atocx Whereas fact they did moi
own so many and thai AterwArts be,ore the writing
signed, they purchased large number Of shares.
b. the evidence 10 fully appeared that nom the com
mence nen' Of The negotiation the pantfs had the con
iro and disposition Of 223 shares bu. until the 18Th April
when the agreement seued some OF stood In the
Of Diners The Jadge charged that II the parl
70 the gcaon had the right 70 sell and dispose OF 2
hares In the srsregate be represent stous shown 81"
ave beer made not 10 ne or fraudulent; aua 10
IN pot Of law not mater al 10 what name he stoS.
stood.
The motion 70 Get aaide the Judgment Of the speca,
term, aua for new trial. h ssili under consideration.
The following curious correspondence appears In the
ArsRIoAs nrsrus, April :. 1884,
Mr. II WatLs-since my cony ersAtion with you, rn'
sq sssYs ss dc not Sss s9.s Or sSos
Mum win stop the Injunction suit viii do a. oolow.
hS nm or any
hat WI esp, ise Presidency q ne ory'i Peace
espers and ANNOUNCE nat he sooep bsea subscribe
O p winco<e iurdAy nigh, and open the ~
May with re In.aguraaon BY the people 70 sn aams.on
%. s9S ne es &c il reg S.y 3.
bitten excursion. &c &C. In the you NAV buy
what You please not exceeding 100 shsres and
arf VII &c pay Ss
S hs . no m 81
CrJupcaon) s .eryed on me or he ASSOCIATION
@ Ss S.ySa r n Is "a p: ssS9
& % q sss eS os nc sS re- -
dvosnd dec AIRED less than Is per cent and per
20 Ind osci G ~ x.- and
9 DO wssi say II. y. joneaon .eIoa.y hui.
hep me God DON'T believe any val ever be
him remove ild9 ,emeni offered HIM eIceO
haste surroundtd by ~ persons in ~aansebu' mean AL
ay Truly ycufs p r. BAkNus.
Psrssp NUM- Tor IA his absence his partner, wAlesl
sse yss !. o s WIN
the expense OF clean copy You will have The goodness
''pf eysS eo1sdssisy ny os!.i ssaus COPY
to pss S me ss p.s ,o mat a s
deer e and 'ssresG,s s hA1 s yGc for
has copy, bot doa's want TO AJAX him. Tray your.
BAasrH,. AuaIois Ers.vS,}
nry Yonr Nsy. 10. lss. )
.Ipseso compelled in .ccerdaacs Win The advice q n,
sor,e 70 com claim founded the agreement
sls ssd wsr- much more Interested IN your hsn
, fee my sg e 60 nc g .neSs s sy 10
.nissd drawing he a1s-er q yo.r SIT, And Nsy p1s s
Ssgsrb..ss am always oppcsed % the desy and expense.
ofedous husatcu whore can be decenty avoided have
aSsy
,os sSs % s Soa s s% spe ,sS s sss
aov ca collect what Of my Claim against the Cry
S ..d ssss e ne 70 pa.
within hree most mouths The moment that dom
n en- i S;!asP. si.ss S.ssss; sSsss:.
sair. Is for he ssoun principal and nssres Which DE
nr between would ente ysu he notes be gwen II
. No. for gsysS: as e
uemn OF course pos 70 be used IN an trial or sa vssl
po. a hal ). . town . a., osiesl md
r~~rn hon o'o'eeTq n' ss ,saS on Monday sHsNnH
orsc~ d. russ, nel. a.
leaes. mean, % add ,R.s .iiS me which 90.
sy. .s sys sOns ss so, 3: S or oa ,'; , .ss
h~n sere my nctes or any Of ihem are cue VII then %