The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-10-29
Heavy Damages Aagainst mn Express
Company.
SUPERIOR COURT.
Before Hon. Judge slosson and Jur.

Before Hon. Judge Slosson and Jury.
Der 27.--John Harding rs. Dantorth NJ Barney
President Of Wells, Fargo &c C5.-This was "a action
to recover $500 and interest thereon, the amount
of draft bought by the plaintiff Of Wells, Fargo & Co.,
at San Francisco the lStn day Of March, 1885, payable
at Boston, which draft lost by the plaintiff during the
riot at Panama. in April 1868. The plaintiff ON his return
demanded the amount Of the draft at the office Of Wells
Fargo Co., in Boston, and offered to indemnify them
against the lost draft The agent Boston refused pay
the amount alleging that his advices Of drafts from Cali
fora contained statement Of reference TO- any such
draft The plaintiff then placed his in the hands Of
Messrs shepey Dana lawyers, Of Portland and
respondence ensued between them and Wells, Fargo 4
Co. mt New. York and in Boston, in which tho
latter affirmed that neither their books nor ad-
vices IN Boston or New York contained any mention Of
such drafts nor was there any entry in any
OF the books papers Of the company at San Francisco
Of any such draft the receipt OF any money from the
planth, or any person OF similar name. An action
was hereupOn commenced In this city, testimony
OF the clerks In California was taken under commission
appeared by the testimony taken under the commss0n
that at the time Of the alleged sale of the draft there
were eight clerks employed in the Office Of the banking
aud exchange department Of the company in San Fran
cisco. The testimony however, OF but OF these
clerks taken by the defcndants to wit the testimony
Of two both Of whom claimed to have acted during he
period aforesaid superintendent Of the banking and
exchange department, one who claimed to have acted
teller and the other cashier OF the department The
testimony VI the exchange clerk, the assistant
change clerk, the general bookkeepcr, and the
individual bookkceper, was not taken. Upon the
trial the plaintiff testified to the purchase Of
he draft and the loss Of it, and the demand Of
the money at Boston, giving on his examination
very lengthy and minute statement Of all the facts and
circumstances connected with the same he
bOrated by tho deposition of witness who with
him ut tho time he bought the draft also by the
mony OF witness who saw 1t on board Of the
from San Francisco To Panama. also the hotel
ma The dispositions were read the part Of the de-
at Boston and New York was taken. The defendants
also produced their books paid drafts advces margins
Of draft books and other papers and documents,
purpose OF showing that such draft was In ct sold
money received They also exhibited daguerreotypes
OF their Office in San Francisco, maps Of San Francisco
and other evidence for the purpose Of showing that tho
plaintiff had not correctly described either the building
locality at which he clamed to have bought the dra
To rebut this testimony the plaintiff read a de.
position of witness who testified that he called at the
office OF Wells Fargo Co in San Francisco, after the
loss Of the draft and inquired con ernng the same and
that person in the Office whom he did not know examin
ed the books and informed him that the books showed
that the draft had been bought the day aforesaid and
that funds had been sent to New York to meet the
same. The trial lasted 1--we days. much of which time
occupied in examining the books and accounts of the
defendants as TO the manner in which they were kept,
their general accuracy well the defendants
system of doing business and keeping accounts. The
books showed that large number Of drafts had been
cancelled and that erasures and alterations had been
made in the ledger and journal in the foongs and other
WISE The testimony as to what became of the cancelled
drafts was conflicting In summing up for the defend
ants Mr. Fullerton conteuded that the books and
accounts established that such draft
sold, and that the testimony Of the plaintiff
could not safely be relied upon. For the plaintiff
Mr. l. 7. Williams commended that from the defendants
own showing the cOmpany's books and accounts were
loosely and mperfecty kept and that taken together
with the testimony elected for the purpose Of explaining
Them they raised presumption against the
made by the plaintiff
The Judge charged the jury in substance that it was
question OF fact exclusively for them and intmated
opinion upon the merits
The jury retired with directions to seal their verdict
On the opening of the this morning they rendered
their verdict for the plaintiff for the whole
claimed, with interest thereon amounting to something
$4,000.