New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-07
FERNANDO WOOD IN COURT,
CHARGED WITH +rrs -
Fraud, Forgery and Palsfcation Of Accounts.
$1,000 Damages Awarded Against HIN.
NETWORK SUPERIOR CouRr
CHARGED WITH

III
NETWORK SUPERIOR COURT.
Henry Sheldon George E. By xbie Wa H. Sheldon sad LIZ
Chesinutwood assispees Of Edwnd L. hspne, sssinst
Fernando Wood.
The plaintiffs set out in this complaint that some
time in about the month Of September, In the year
| Is4s, Edward Z. Msfvine then of the City Of Now
York. having been previously TO, and being at that
time on terms of intimacy with, and rsposng great
confidence in the defendant Wood was called upon BY
the sad defendant at the residence ofthe said Edward
+. Marvine and the defendant proposed to the said
| Edward Z. Marvine TO uni him in joint sd-
venture in the purchase OF go aerchsndiss at
New-York, and shipping the article. purchased TO
San Francisco in California That for the purpose Of
inducing the said Edward Z. Mavne to enter in the
said proposed joint adventure, the said defendant at
that time represented that he had received private
letter from T.. o. Larkip, United States Agent re-
siding at Monterey, in California, recommending him,
the said defendant to make shipment Of merchan-
disc to San Francisco, and mentioning large amount
of articles Of merchandise which would be advisable
for the said defendant to purchase and ship to that
port. And the said defendant at the said interview
produced to the said EdwardE Marvine paper, pur-
porting to be letter from the said T. o. Larkin, and
to be signed in his proper handwriting, and TO be dated
and written in California, in or about the month OF
July 1913, which paper recited that the said 7. 0.
Lerkin was greatly indebted to the defendant for fa
vors which sad Laikin had heretofore received from
him. and that said Laikin had never been able to re-
turn the favors received until the time Of writing
the same and that he would recprocate the same if
the defendant would purchase 10 NewYork, aud load
upon one of bis vessels and ship to San Francisco, the
articles of merchandise, Of which list accompanied
said letter the amount of $4,000 and that the de-
feudant would realize profit tberefrem OF at least
sIOO, OOO That the said Edward 4. Msyins, believ-
ing the paper produced as, ana REPRESENTED by tbe
defendant TO be, genuine letter from the said L. u.
Larkn be such letter, and copfdng in the truth Of
said re representations was induced to accede to the
proposal made by the defendant and to enter INTO
negotiations with the defendant thereupon for making
purchases Of such goods and for shipment thereof
to San Francisco the joint and equal account OF
the said defendant and the said Edward +. Marvne.
The plaintiffs further alege that the defendant
ood IN the of these negotiations, proposed TO
Marvne to put into the adventure the bark John w:
Cater at the cost price 10 him. Msrvine to pay Wood
one half Of that cost price, ana to become nan owner;
and that, well knowing the entire ignorance OF marvine
of the value OF ships and vessels ana the age condi
ton and value of the said bark John w. Cater, and
also well knowing the confidence which Marvlne was
then repospg in his truth integrity and good faith e
Wood falsely and rauduently represented to marvme
that the bark John w. Cater then worth the sum
Of $40 and that he, Wood had then recently paid
the sum of sI2 900 for the said bark at the same time
exhibiting to the said Marvine paper purporting TO
be the original bill of ssle Of said bark TO SAID ood
in which the sum was set down at Sl20OO, and that
the age of the vessel ives stated at either nine or
eleven years. and that believing these Representations
of Wood the said Marvine was induced to become
nun chaser of half the bark John w. Cater at the
price of x6 co., ard to enter into written agreement
with Wood a copy Of which is annexed 70 the COM
plant. According to this agreement Wood ana MAI
vine were respectively to make purchases OF cargo 10
the extent of one halt each. Wood undertook to oct
as ships husband, To conduct her fitting out, make all
the necessary purchases of stores supplies and OUT
fits receive such moneys as might be paia In aaVance
for passage and render correct account 10 Marvme
of all receipts ard disbursements, any balance that
might remain to the credit of the vessel to be equally
divided between them, or any deficit to be made good
by Marvine to the extent Of one half.
Accordingly after the departure Of the vessel ON or
about the 2Ist day Of October in the year lSiS the
bark John w. Cater having sailed on the l9th 81 the
month Wood rendered to Maryine an account OF the
disbursements made by him, under sas agreement,
for the fitting out OF the vessel and the purchases OF
stores and supplies made by him therefor, copy Of
which account Is annex to the complaint: II Is al
legged that the original account rendered Is oil IN ths
handwriting Of Wood and the signature to-it OF
Woods is his own proper signature; that at the
time OF rendering said account Wood represented that
it was correct and true; and in confirmation Oh MS
representations produced and delivered to Msrvine
papers purportng to be the original bills invoices aud
vouchers taken and received by him for the dburse-
ments so made which bills, invoices and vouchers, 20
produced and delivered correspsnded with the charges
made therefor respectively in the account 80 rendered.
and fully sustained the accounts az rendered; that
said Edward T.. Marvine examined said account ~
rendered and the bills invoices aud vouchers pro-
duced support thereof and believing the representa-
ton made by the defendant that the said account was
Correct and true and that the papers 90 produced and
exhibited by hin in suppt 1T thereof were original sad
true papers and Documents, not forged eltered, or
simulated, the said Marvne settled the said account
with the defendants the 9Th day Of November
Is4S and paid him one.haf Of the balance Of said ac-
count amounting to the sum of 81, 19 43. A
The plaintiffs further alege that after the departure
of the vessel, Wood rendered account to Marvins
of alleged purchases made by him, for the tothe
amount Of g. $40 exhibiting at the same time what he
represented to be the original bills or invoices. The
portion of the cargo purchased by Marvine amounted
To 1893 H. making for the cost OF the entire cargo
taking Woods representations as true, the sum Of
S25 1888 79thus giving as the joint interest OF each
the sum Of 81, 500 80,
Whereupcn The said Marvine, believing the state
ments and approximations made by Wood to be true
and the bills or invoices 80 exhibited by him TO be
genuine accurate and unchanged, on or about the "a
day Of January, 1848 settled with Wood the account
30 rendered and stated by him, OF the MADE
of said cargo joint accOunt-which settlement was
set forth in memorandum, signed BY the parties, -
ollOws:. n
To amount Of purchase OF cargo ship
ped per J. w. Gator more than him.
each party contribute $lIS69 u eo49 ~
Six mouths interest to be added....... io4 "
By balance due OIL VESSEL. 81 W0
One YEAR interest on the sboye........ 10 70 gHtr
Ore Note to Be paid BY h him so oc;cis, S
One Note to be paid By MIN ,,.,.t ~ ~
J,,sye,y On above from March 3to October ~
Twelve months interest on ABOVE ''''''' - zoo 10