The New York herald., 1862-04-23
The HackIey Contract.
SUPREME COURr--sPECIAL TERM.
Before Hon, Judge Barnard,


APRIL 22-Leo,s Darts Andrea j. Haokisy and
ANDREW s. Hope. Thomas Hops and oshes.-This was
motion for injunction and receiver to restrain the
Messrs Hope Hackley from receiving any payments
from the Comptrollef until the plaintiff be paid his
fourth share of tho profits realized which the de-
PENDANTS refused to do. the ground. is alleged
that the plaintiff refuses to contribute to the payment
or $40 900 which is alleged paid to the Common
council for the passage Of the contract.
Mr. r. c. Clark, the part OF some Of the defendants,
read the affidavit Anthony Hope in which he states
that he had no reason 10 believe that Mr. Hacy entorod
into contract with the plaintiff until time in the
early OF the month Of February, 1862 that he
recognized adopted such contract was alleged to
have been made with the plaintiff that at The time
OF the making OF the contract Thomas Hope advanced
Hacklcy the sum Of SO 000 TO enable him to prosecute
tho work. md for the purpose oil securing them thc
Hopes) for such advances and snretes for Hackey
and to Benjamin Wood fourth part of the
profits arising from the contract after pay ing Thomas
Hope the Of $40 000 the affidavit further states
Iackley never assigned any portion OF the
the flores by any other agreement than that last men
toned and that they never became partners Of the pain
til in this contract that the work under the contract
commenced about the 2sth OF February, 1861 and
that payments have been made by the Comptroller but
that oil of tho payments have been made two
payments for the month Of May 1851 have paid
but the same have been withheld by the Comptroller,
and that the payments which became due 18th OF
February tho LIST and 18th Of March, and the
Of April, 1862 have not been paid by the Comptroller
that they did understand that IL their duty or
that Of Mr. Hackley TO pay plant 10 any of the
payments received from the Comptroller that there
no sum whaioyer due 10 Davis tho plaintiff and that
profits have been realized from the contract that
the time of making the advances they Ohio Hopes) had
knowledge that the plaintiff owned any share or por.
ton Of the contract; the defendants lIopes) further
state that they have assigned their interest TO Bsh
Yelverton and that the Comptroller is enioned
from paying the monthly payments for the work done
to be done under the contract Bsh Yeverton and
Hackoy will be unable to raise money to continue the
work. and they and their surety will become liable the
deponents (he iopes) for nonperformauce OF the
tract.
Mr.. Burrol read affidavit Of Thomas Hope Mr. Carvin
read affidavit OF Mr. Hacklsy, denying that Davis has
any interest in the contract. Mr.. H. H. Anderson ap-
peared for the Comptroller.
Mr.. Eiw janis said that he had some alidavits in
reply those read by the counsel for the defendants
which, he understood. Mr.. Brady objected. He, the
speaker stated that all the adavits had been kept stu
dOusly from him until they read court that
he entirely ignorant OF their nature They had
duced matters which clear upon all tho autho
should be explained by counter aldavits It alleged
was real party Interested in this case, and that Mr..
Davis the plaintiff had interest It, He r James)
had the davts OF these parties expressly denying
allegations. His Honor could not decide this matter
until all the facts were placed before the Court. The
affidavit OF Mr. Hackey had taken him by surprise. He
pleased to know that Mr.. Hackley so Gar con
vaescent AZ to bo able to mako adavit for he
understood that he indsposed; but he knew that
the serving Of iDjuncions had frequently that effect
The Court ntimaed that the hour Of adjournment had
arrived and the matter was postponed to this morning.
Counsel for plaintiff Messrs Edwin James and T. Dunphy;
for the several defendants Messrs James T. Brady
win, g. r. Clark, Burre Chapman, and H. H. Anderson
for the Comptroller.