New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-06-21
IMPORTANT LEGAL DECISIONS.
F,o- The S. Louis De@o.vat

Two cases, involving very important commercial
suetions, have jas, been decided IN our Coaf.s.
r.. FRS, wa, az attachment Ia the CouIt OF 20 nnon
Peas before judge RSS1r Sr00s ra Sy m1rs As
The pI,ce OF 934 barrels of -four alleged 70 nave
hesn sold and delivered by plaintiffs TO Defendants
October last and not paid for ON delivery, acSoruihs
70 s sSSsfasstt: .,,,
The defendant DENIED tsI Iei,eiy' ,h aaa anJ Lat
aSVtckets or only 1919 barrels Of this flour had been
Delivered 10 Them and that the delivery OF the 80
barrels was not complete untI the d'aytlcAets were
delivered. 80 .,
n annearod from the evidence that the flour sold
Ia he delivered on board certain canal boats. The
paniiis proceeded 10 deliver the houI, and when IL
was AL abuar the b0ais, but before Oil the tickets ad
been collected in handed over 10 Powell ~ Co au the
tickets they had received beiug for bl9 barrels, ana
bofed deter oans that il was all aboard the boats ana
on the morning sent Their clerk to collect Inc OH
One oi the des ndauts then called on one OF the PLAN
tis an0 informed him that they had been compelled 10
40 10 protest the day before ard that IN consequence
OF this misfortune they would be unable 10 pay Tor the
nour That they mad drawn upon IT, and were, there
fore unable to return 1t as plaintiffs requested them
to do.
Tie suit was brought under new clause in the
Attachment law, authorizing the sung ont OF that
witt whenever the "debtor has failed IA pay the price
or value of any article thing delivered, winch, by
a" contract, he was bound TO pay upon tue delivery.
The Court refused 10 instruct the Jury that the lie.
livery Of the dfay tickets 20 defendants was essential
"A
If the Auur was delivered on bvar1 the boats, anu
Powell q CO. notified Of the fact, and called upon Tor
payment OF the bill the plautifs bad surrendered ther
control the property and that such acts amounted
to a q, livery.
AO thai If plaintiffs had sold and delivered the flour
To defendants, and by agreement To be paid lor
ON delivery and was not paid for, the plaintiffs
Were entitled 10 the attachment
The cause occupied pant of three days, and was
argued by Geo. T. Strong. esq, for plaintiffs, ID. b.
PeSIce, esq, being associate counsel The defendants
wee ably represented by +. {. Sharp, esq aud ChaS
ID. Drake esq, both of whom argued the cause before
the Jury. Upon the case being submitted, the Jury
retired and IN short ne returned verdict Tor the
plaintiffs thus sustaining the attachment.
Tie other grew cut OF the proceedings IN tue
foreg,iug, and action 10 recover damages
amounting 10 between $1,000 and Sit0, brought IN
the Circuit Court, oy W. Ii. Newman n Co. OF New
NorA, against ileuing n Woodruff, for attaching a
portion II the -four sold Ia Powell Co, claiming that
tie aour had been bought for shipment 20 them and
that It had been shipped and bill OF ladiu taken Tor
1t m their pane and forwarded to them.
IL aPpeased in evidence that after making the pur-
chase OF Hening * Woodruff. Powell \ CO. hal writ
ten 70 Newman & Co, who their factors in New
fosk That They we're about shipping this lot Of hour
some l. 900 barrels, to them aud would draw sufi-
cieEy short upon TO cover former balance Of some
sou claimed by Newman against them for prior
acceN6uees. They also drew upon Newman 4 Co.
for sfe Which dr~;t was accepted before the attach
trent was levied
Afier the attachment a. executed nepins & Wood.
Tn6 on learning Of this acceptance under aivice OF
Their counsel released 900 barrels Of the 6.r su,ii
Gent iay 70 cover the 900 debt and the proceeds
applied IN payment Of that debt. Newman 4 Co
however claimed that they bad right 10 the remand
ar ofthe four 10 tkeir genesa balance of a
count az sinst Powell \ Co, AMI hence this suit.
IL was tried by the Court. Judge Lakeland MesSrs
r. c. Sharp and C. ID. Drake, eoaa-ei for Newman &
Co. plaintiffs; ard McsSrs. Geo. z. Strong and ID II
Pearce for Heuing s Woodruff, defendants.
The Court held that Newmsn * Co. lad no right to