New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-30

ability appear before long.
Please publish il, and oblge, yours respectfully,
JOHN GRAHAM.
HISTORY OF TIE CASE OF GRAHAM rs. MEYER
sTUCKEN,
For The recovery 500 900 worth OF property wherein
Kingdom o. Han and seyef keeps ont Of the Jnr'dic
ton Of our tribu' ais, 70 wit:
In November, 100, | made voyage in The steam.
shin Ocean Bird from Ntw.YoTk to New Orleans and
back ct piping al Havana on the outward and home
ward passages. During my stay at Havana, made
preliminary arrangements for the sale OF tue Ocean
Bird al $3.50 Geo. and also for the steamer 81. Law
reLce at 500 eco which sales were to be perfected on
my return 10 Hevaua. On my arrival IN NeF-foik
Immediately iheIeaf er was embarrassed aud pressed
bv mechanic who held liens Oh the aboven imed ships,
to relieve which / applied for q loan TO- the following
nsred gentlemen: Messrs. GIinnel, Nnturd & Co.,
VIM. II. Aspinwall, Mortimer Livingston, Samuel L.
Mitchell Duncan, Sherman Co., Delaunay, lselin
Clarke and ID. q A. Kingsand, and was in the act of
closing with the last named gentleman for IT. 90 the
security of one of The ships above named, when un
fortunately fell into the trap laid for me by Meyer a.
Stucken the particulars Of how are set forth IN my blu
of complaint now ON file against them in the United
States Clrcuit Court, who, on the 5tb OF December,
1865 agreed TO loan me 300 600 for four months, on
the steamships Ocean Bird St. Lawrence and United
States worth over 500 000, for the exclusive purpose
of paving of mechanics liens against two OF them TO
wit: Ocean Bird and st Lawrence the United States
being nee and at that time trading between Havana
and Mexico for which loan agreed to pay bonus OF
s25 co., The loan was to remain in their hands and
be held subject to my drafts in favor OF the mechanics
who held liens on the property Immediately aier the
terms of the oan were agreed upon az ABOVE stated
they banCed me three biz of sale drawn IN full aud
resdy for execution ecitDg so 900 for tue Ocean Bd
s35 COO Tor the ST. Lawrence, and Sl0 OOO f1r the
United States making IN all slOO,OOO These bills o.
sae at first refused to execute and nssied inst the
loan should be secured by mortgages and not by bills
of sale They thereupon stated 10 me- In SUBSTANCE.
tina, said bills Of sale amounted - nOth0g more than
mortgage; that it was the everyday practice OF merc
i. - NJ Nor 70 oap
sbps by b- OF sae and that the custom - for the
borrower TO give bill of SALE and to receive back
from the lender contract to reconvey on payment OF
the loan aud that such contract rectitg the condi
lion upop which the loan made, should be given
| TO me Persuaded by these statements, executed
| the bills eff sale.
ON the following day adv061ed the st. Lawrence
for Havana via Nassau; for freight or passage Apply
| 10 John Graham, NJ. 5l6 Broadway employed and
sent on board of the Ocean Bird and ST. Lawrence
ointrs eng inc repailers painters and other mecharcs
TO make alterations aud repairs which deemed neces
ssry upon both ships, and prepare the ST. Lawrence
for sea- After which, applied for the promised con
tract o. reconveyance but they then latter getting
possession of the bills Of sale refused to execute tne
contract direct with me, alleging as the reason ina
would be too hazardous for Il con TO do 80, IN conse
| querce of the Law upon usury and proposed that
should Lame some friend in whom had confidence,
and that they would execute the contract OF reconvey
ace 10 auch friend. Believing them to be honest and
h, norakle men, and having no DEERE to take adv
AGE of them the ground of usury, or ON any oter
| gfound asst nted thereto, and named VIM H. Aspn,
wall as such friend On the following DAY, l called
again for the promised contract They then raised OBJ
iectinns TO Aspinwa and proposed thai tue contract
10 recVDvty should run to Cornelius Polon Instead oil
said Aspinwa 10 which also assened WITH this dis
tinct understanding, and relying upon Their veracy
| and integrity | ltit them From that time unul
sailed for Nassau busily engaged IN finishing the
repsirs MA n the Ocean Bird aud ST lawrence, and
in fitting cut the latter chip for sea, and 10 paving The
mechanics who beld liens upon both SHIPS which did
by drafts in their favor upon the loan IN tue hshds OF
Meyer Il Stricken to the amount OF 81, l2O 80 m
udiDg draft of $1,000 to W. r. Beeoe, esl., that
b.ipr portion of the $25 600 which agreed 70 pay
the loai) and in addition 10 said Isl l2O - pad
bills amounting to over sl5 900 to mechanics who held
liens sgainst The Ocean Bird and 81. Lawrence from
funds no, part of the said sum agreed to be loaned
| | then sailed for Havana via Nassau, airer having
paid and qu lated every bill incurred for labo: and
Tor wages upon the Ocean Bird and 81 Lawrence from
| the 9Th day OF December the day the loan "as 90
tanned until the evening Of the 2lst OF the same month
except small bill for shipchandlery bill Tor coal
| and one CT two other snail items, which sums were
paid by Meyer n Stuceen az part Of the SUN agFesd
| t. be lCspod ne and charged 10 me accordingly.
left the Ocean Bird IN charge OF my servants and my
agents during my absence
| arv, a Nassau in the s.. Lawrence on the 9th
| day OF December, after very boisterous passage
durirg which the ship sustained much damage, when
was rtpaed by me at large expense on my arrival g.
| Nassau After hsrsacng the pusoess that called me
Z, Nassau al paying every bill incurred by or for
| the ship OF that port, ssed for aud arrived a. Ha
ysna on the ID II January, 1870, and cOnslgpe1 the
vessel 10 nv agents j. L. Barnham Co.. merchants
oftbst civ and with them commenced negoiaJns for
the sale Of said SHIP which would have been perfected
ifMtyer q Stueken had not set on foot for the pur-
nose of embarrassing until are the period for which
he losn was made divers rumors and reports sc 70
the title of said ship thereby frustrating a my ell )rs
20 dsnose of her notwithstanding all their evertjns
TO cripple me, sold the Ocean Bid to j. NJ, G an
eIonce and sssoca es, merchants OF Havana iCr ioe
| sum of s25O.CQO and contracted under Pens.'y Q!
s5O,OCO 10 deliver her to them in the port OF New
YcIk without any uDnect sssry delay lhtrenpon De
temned TO return with the steamer s.. Lasreuce -
New.Yoik; but Noyer StucAen, through their ssen's
at Havana and by neaps Of the bill OF sale pre'ene
me from doing go then protested asans' them and
ftdiDg tha. was prevented frool rein'nng - New,
York with Tire y. Lawrence, paid of t'o'thIrds o.
Der crew. in oI6er 70 reduce her expenses, sni toen
took passage for Newly York board Of the CalsNoA
with j. 81. GaDgrtnss and his Spanish captain and
fic,rs for the purpose Of delivering 10 iaem posses
sion of the Ocean Bird, per cOnrac, aforesaid
leaving The S. Lswreoce in charge II my servants sod
my ssen's, j; { Bu nhsm CO uotl my re'lra y
| Havana la the Ocean Bird. l ar'Sei a. The port OF
New.Yo on The 18th ofMsr'h. and f'rnd my serv