New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-28

Of John Thompson 80 20 his husDess and extent
the American Exchange Bank and ether snJ q his
moTsy {. true and deronea vsy seI ~ ,ocn."n
forced and sudden as in bic v s,s,,d and ,ns.
true causes thereof are therein ss1' ed
s.-..-,..o.,, CHARLES MEGARY.
0''''' dfy . Of Aes1. 10 Of poed
Mr. Evarts, op behalf Of the plaintiff, then read he
tlio~irg afh'.a vi,s:
AFFIDAVIT OF The PRESIDENT OF THE METROPOLITAN
Cay and CoEaty Of Ne,e- York s:--John Earl VIII
p.ntG., that morning Of Tuesdsy ne sh day
O. AS'a. john s Il.
fths garpo.c Of o.t.s,ns sfo. him he ,o%
iSs; eysn.s tom the Mticpoan Bons % aPen the
Americas Esehaage B~na The ps2n-nt Of which ck had
sss ~. ssel ws Ill light and Ne ssS fSo@po- replied
him .os \. a :; so s
said that would no' dor,n asfee HIM 70 sive up ,s
I w Ss .a ID aSaSn ef is Z. A d.
tibet :s % 9s aiSsl s hut %
hOmsoa puc interview did not in any msnoer pretend
That rd parted with 'r disposed Of IL FIJI
sworn ' 'A saysf, Agsq d Is' sss %s Of Deeds
BESRY L. 3AQUEs'S SECOND AFFIDAVIT.
CITY and CoaHty Of Nec. YorE, 's-henry I.
psa:,ss IN hi. esn tat his intsrview with dend.at
Tso.sop on hs mGIng 2f The @ .ay o. Aae sas :e
wssTrsnsvJ sc,i TOOK place about Eve ain
nss sisd a Ttoupsoa to b to, money id
SssS.ss asss 10 d ,t SAG
With said y6omp.or MI Re.a Of van vtft Read DTs,.
% take sss and eve in it. SAGE the dst for which
.d the Sna 'Ps s sepoaes
ssed bin % DO che same b the plaintiffs std re, arn me @
nsern,d said tompsop idn. and tePonent would up
A Af s res .: e sd fnS TO- K. S & sGo
aat i.s es' t,en ,aeon = ne also said he had Advised
siSs Up b., dssens1s pSa;;S pic III. Upon
give IL :" said Thompson did not deny tina. the
money which deronent pointed the money tae.on,
termed deponent thai he failed at eleven O'Clock the, morning
Sworn to before me this nth day Of August 1857.
JoHS FeoT Commssones Ct Deeds
RoBERT BAYLIs's AFFIDAVIT.
ctr and County Of NeN- York, ss.-Robert Bays
being .:ie ha, he the Of the For
that The deisndss John Thompson mas been IN the
past Of MI daily the G1ssns nO ssn Of
IN the 81 its business that tie morning OF Tuesday,
II . slp Bas to Thopn iG@pcn b. Of certain
county Banks redeemed by him to the aggregate amount OF
Sja ns' inS VIII, TSop'o1 f the
Exchange Bank that said Thompson having funds to
credit T. .sd BsDh .Geien t. pay said chez dsponen
than ny o'clock and found said Thompson there's that he de
%So the
bills saying that he would do nothing that day but that the
Sworn before EDwis T. Corey, Coun'r of Deeds.
BENZ. BUCKLEY's AFFIDAVIT.
Benz. Buckley, being duly sworn, saith that he is a
year. Pa,t that than year. past Opponent
has bee. for s%o. eay Of each bushes: day in the habit of
nsni, which drafts invariably paid by the check of sd
any dfsit which he 90 presented that toe last mouth.
Henry Dawson eel in said Bank has OCCASIONALLY alter
endsnt that saddas averaged about twelve in number sh
Sworn before john FoOT, Commissioner of Deeds.
AFFIDAVIT OF II. w. DAWSON
Henry W. Dawson, being sworn saith that he is a
ss,s the Ms,Gpg'a = Bank 'h. he months
T r. sn1 for Psy%en %y yT PAID by R
clerks of said Thompson except in two instances when
pa. s e s.s was Tor small @Ho9V bH n va.
JoHy FOor, Commissioner of Deeds
AFFIDAVIT CASHIER THE BANK OF THE
REPUBLIC.
CITY and Coanty Of Nec- York-Robert H. Low
Republic at Which Bank the defendant kept an scoount that at
81 O'clock the morning of the 25h inst deponent called
said Bank and tad Thorn pson deprent
that deponent attempted to dsuade him from suspendor t.
which BE s''ented as dePonent undeEstSSd LOWRY
Sworn hi' 9th day CT August s57 before :, n.a
At the conclusion of the reading of the above aii'
devts, Mr. More briefly contended that upon Them
there just reason to hold his client under |
arrest.
Judge Duer-On what bank was the check drawn |
which Mr.. Thompson gave the plaintiffs
Mr. MOre-Tbe American Exchange Bank.
The Judge asked if it appeared that Mr.. Thomp' |
sons account was overdrawn the 9th inst the day
preceding bis suspension of payments
Mr.. Evarts said that that question not raised |
Mr.. More cOntended that the present action could |
not be brought where the defendant had the power
10 deliver the possession of property There Is no dis
agreement as 10 the fact that the packages OF money,
when they came into the possession of the defendant,
were opened and the money distributed before any |
proceedings were instituted get back the property
IL impossible for Mr.. Thompson to tell what |
money being paid out. The only testimony show
ing the intention of Mr.. Thompson fail tina of
Mr.. Lowry. The defendant himself estiies that at
the time the check presented at the Metropolitan
Bank be had idea of suspendiDg payment, or of
deiraudng the plaintiff The first question was
whether the plaintiff could bring a suit Tor the dey-
cry Of property in like this. An action could
be instituted against Mr.. Thompson for the conversion
of property but the present form of action eTatc.
Mr.. Thompson was forced TO suspend payment at IL
O'Clock ON Wednesday by the banks refusing his
checks in consequence of the alarm created by the
suspension of the Ohio Trust Company.
Judge DueT-SuppOse that 1T the time Mr.. Thomp-
failed, he knew that he was not possessed of
the funds to meet the check would the action lie
With iutnt 10 deprive the plaintiff thereof, are the
words OF the statute
Mr.. Evarts said that by the defendant own showing
it appeared that he did not have the properly when he
was sued.
The Judge asked if Mr.. Thompson procured the |
money and immediately sold it, would it not be de- |
priYirg the plaintiff OF the benefit of that property
Mr.. More thought that the &C. must be done with |
fraudulent intent. Mr. Thompson could have wrong
object IN obtaining the money from the Metropoltan
Bank IL was not in Mr.. Thompsohs power 20 return
the identical property at the time the suit
menced and therefore this proceeding could not lc
Judge Duer-Do any of the afidays state that one |
OF the clerks Of the plaintiffs said he could identity the
money
MIR. More replied that one of them swore that he
offered TO identify the bills but he did not that
he could identify them. When Mr.. Thompson al |
lowed his clerks distribute the money he did not do
pf nffn fha IA from