The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-07
Brooklyn City Court.

BEFORE HON. 4. II. culver, Judge
DECISION OF THE COURT IN THE CASE OF PIE GEORGE
LAW AusKETs, CLAIMED FOR LOBBY SERVICES AT
WARRINGTON.
Judge Culver has rendered the following decision grant
ing a new trial in the George Law musket case
william Bi9sow, assignee Of David 4. Botee, US.
George Ldv.-Moton for new trial-At the May term
of this court the plaintiff, his complaint, ami on the
opening of his counsel suited and This complaint
dismissed
The complaint alleged that Law, the defendant, in
debted TO the government in the sum of $500 for
muskes and ammunition purchased. That owing To the
of the money market and to defendants affairs
became necessary for him obtain extension of pay
with government that that end he employed
David A. Bokee Esq of Brooklyn the plaintiffs assignor
TO negotiate with the government for such extension,
agreeing TO pay him liberal compensation for his scrvi
ces ana trouble erecting the object that Bokee entered
upon and successfully effected the desired extension that
in accomplishing the object devoted much time exertion
and labor; that the worth $4,000 and claimed
Judgment for that amount.
On the complaint it when the opened 70
the jury, it charged that Mr. Bokee devoted much time
cxertion and niluence TO the business, and that de
PENDANT agreed to pay him liberal compensation for his
time, "infiuence," &c.
In the opening by the counsel for tho PLAIN
tin he alluded 10 the high standing, 10 the nfiu-
entail position and the personal and political relation Bo
kee sustained towards the President and the members Of
government.
On the complaint then stood on the opening the
defendants counsel moved for dismissal of complaint
policy, and in its nature claim for lobby services
The Court entertaining similar view dismissed the
plant Plaintiff thereupon asked 10 amend his complaint,
striking out the word Influence" where occurs. The
amendment was granted.
The plaintiff moves set aside the nonsut and for
new trial.
John A. Lott for defendent, j. NJ Van Colt for plaintiff
CULVER, City Judge-The order made by tho
trial OF this cause dsmissng plaintiffs complaint
based the complaint originally framed, and in the
opening Of the plaintiff counsel the amount that the plain
tis claim part for the "inuence used by Bokee
with the heads OF departments and the full opening of the
counsel to the effect strongly impressed me in the
opinion that the contract being an entire one and void in
part must be held void in toto (2st Barber 361) An
agreement compensate for his Influence person
al POLITICAL with the government il is not pretend
ed could be enforced. The worth of
value Of ones "infuence" would be easy
matter TO determine in dollars and cents But
striking from the complaint all claim for the infu
ence exerted, the plaintiff left asking compensation for
his services time, trouble and labor devoted at the
request Of defendant this negotiation for his benefit
The motion for dismissal of the complaint assumed its
averments true and If all true, think Is going
far that under this complaint the plaintiff should
recover something. IL is proper to remark further
that since this nonsut ordered by the Court Of
Appeals a Kern. 2S9 has what shaken modified the
decisions made by the lower courts That Court has de
clared in the cited that party who has a claim
against the State may employ agent TO present
gent with proofs and arguments before the tribunal
authorized upon H. and that agreement To pay
such agent is valid and can be enforcedn gather from
mate that Courts have gone at least quite far enough in
rejecting these claims void and against public policy
Taking the therefore is now presented by the
amended complaint and in view OF the doctrine laid down
by the Court Appeals and without pre- Judging the case
as II may appear another and full trial, have
the conclusion that the pain should have trial
The order Diminishing the complaint Is therefore set aside
and trial granted with costs to abide the event