New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-01-29

sSs The Comrni'sorer cehGes that Cross testified ,s TIC
seal affixed by the authority 81 the eonpsnV. ,
hi. wond be prms f.cie evidence % hs exe;onOn bu
snbi,ct t. contTsdlciion ~ oi'er 'rstt0nN'
The evidc- o., alter the decree Of the Ntr-fHs
Government takug the cnsrte "a February, ioN -
were Two elections Of decos or teet. one Cd tn'
elected President the lat o. jane 1851 From a ~
he Commenced act; sad sppes.s TO have been T =
strangers he Presideut But there WAS 10 I'D, t,,oSny
thor.y being gwen 70 execute the paer anu o,n Tho
ciu.ivsy shows that h~ hsd no specific he
Comgsny TO execute any s..isnmsi, tbs Pre.ideni.
Tho aifriIs 81 the sssl Of the Co1p'n,, ..u.d vas
wss ihe real execution Of the paper Al " w"
There eod b" ny authority given because there was 10
,eos Of dc hoard 69 .1a' pes, .d the teey
49, :, b bsn .olS by the SAeIia 90 attached WIN NO
ps' sni bought IL ON never be considered to be proper
ony insif1meIt by tbr Corporation aud the
s f nhoi,y the part Of ne ohceIs osono DO cu'sn
ws". oi ,xrcuou made before be Coumissoner
stat. Inst no sncb proof va, inn,hed snu ne'
No is,uee 10 cont except the Comm''oneT' Ger
'sg TIT. assignment invalid and executed without
,,icfi:v II theIr coAcrs no title on tie receiver II he
a moi Obtain such e ~ viiae Of bic appointment 90 re-
seiyer in the sstiOns before reie.Isd t.. 49,
plaintiff for which he asks judgment directing IN account
in. ag-in.t the defendant.
Inc Plaintiff as receiver claims 10 sgsnst defoDd
snt for moneys received hi Jou tie Pac bc Mai Steam
sap Company subsidy agreed To he paid by that Gem
pHy FIR aging up the steamers belonging 10 Tao Aeh''
IA Inc Of The contract sgreemen there u but
D, Mr. nde Dit on the orc tdo nd
M Asrinws the oti- They q; tbs time were pre'i-
dents OF the two companies. . =, :.
Mr. As-inwa says no proposed TO pay either TO Mr. Vtu
derbit has company certain ,nn per IMP for -sch UP
har the boa:s he Pacific kial Ss-ns'p Company run
m boat opposition which greed h. by the defendant
TIE sniouut to paid VAS HIOVF per triP " .
Tas 1, the Substance of the agreement as stated by DIT
CbauDooy. WHO was present 49,
Mr. sndeb tho terms u the contract to be In sub
except that the Pacific Mail Steamship
Company to pay $4,000 per month condition that
they should have oPp stion, making The payment per
month rs tsad Of tp Inc point o adherence 9e'"c-n
pan a. wae aud the deeldsntf 10 a. to the party
who we 20 receive tina payneat.
without specially Iccaptniang We to'n' S III reference
10 this pat OF the tlLk The whole u tho evidence
taken together the iu;ent OF Tie pertie' masking hc
agree that that the subsidy should 90 to the
heaet O! the Tr Company. The testimony Of NJ A.piu-
shows bis ers,'ud ng of the asrsemspt
this 10 hr.ned by Nj CAuocey whj p1csent aud
who says the payment be for Withdrawing the shps Of
Some Of the receipts given for the Ers. payments signed by
M Allen. prior iho lith Of Jgpe purpoed TO be Tor
M ney due the Ace, asofy lf.nslt Company
TIE receipt tivcn the llh o. June. sigued by the
defendant. money Que tho Aecerory Transit Co.
The Tact that Veels d tne COMPANY laid up ser
the seemeLt and tho dec Ions given TO Iemp.ioD !hc
agent to that effect the account rendered by
Nsndef o to the Comp containing cr'ds for the money
received fom The Plcinc Mail s.au,h. Company pnot 10
june 1885, aud charges such n ion' Oh such creds
Tho TACT tnai AuowUgy allowed the COMPANY
! the brneL, Of these raymeLu Whr urst madci
And tine eIertions made the d, edaut TO obtain reot-
aon Of TIE privileges TO IT, compsDy which hsd been TAKEN
b the Government OF Ncssgss AMI In which lie hoped
All these f,et. lead me the conclusion that when this
agreement hrt made between the parties was To-
tended benefit Cf The Accessory IrsDst Company and
ths, saeh underian ans car-d oat by Alien the
a5nt Of tho defendant IA the receipts gwen and account,
rendered 10y the defendant himself down to toe period
when agreement terminated 10 June OF Jaiy. by an
! opposd II bling run by Morgan d Garrison.
have deemed reee,ay sdvsIt to the cOntrSdlc
t.on. te.im my thi. bsnch Of the for the
tbst such are Vty esi Tor
by the lapse time Which has taken place since those
orAiious. AeT the sxp s,on of ak years couvenation
such this, can hardly be erpeeei to De eptaed as
place. IL fact all tbo wiuosos do no. pretend to give
the language bot only tie subssYce Under sneh eli
cGsiaDces without inpens to sny witness the least in'cn
ton 20 misstLe via, to5k pace, iLns much more re
aud should be placed Ia tue documentary tes
which 10 Liable 10 DO 1crcd by failure Of memory
OF OF witneses Down To the peiiod ten
wnen e met e9.1Isc' o. % i'ea oy we 'a
line, ad when the fsee Mail steamship Company ieiHe1
10 Of the opinion hsie contract Wa i-ae eI me
Company therefor aud there are any money. ensinns
pad the OF The Iecep' OF i'm June. lte Tie pisansh
la seh accounts TIE items reeeIpted eT 9Th July
1856 ana on eih Jolly 1876 be Included 10 they were
70 be " the cfossl OF the Pacific hs S'-sshp
Company pay account Of the oppSsit1a Of Morgan
An obe eon /. taken s claim the ground thas tho
eo.ac IaDisl snd could noi b. snoiees-'hI TENS
IT, bus sbo-d cave TIE IsIss ~ tie "a" found Ls'
That hi. iu.s would sppiy n The seton brors, by III.
plaintiff Or Esnsss a Tss 90. w.as ne. &C. eposs .e
de inquenI party the had
becn paid lev would enable Inc party p.Jins
back but would esvst "a they placed bsm'oTes
a. csIryig out tho sstrsn-u wa: TO al uou u mere
honoy among themselves Win when tLs s~
Lot does sucn rule syply TO principal and h, agent
who IA. received d'uy for h' principal GU each A. sse
Is money Las been paid hs pyine.p, ~
patty who could no; have been corr eDea T. maze 'ueh "a,
l.It bu, having paid voiani'nJ, u eeooE.. the
property the principal In SCENT. hands for when be
houd seoouut ne las no rgh 10 eiu'e pay meoi 70 h'
pHDcps Jtcsuse La PuLcipa LED Rot es@ cam ioi INC
money On u O. sEIo-msnt
80 iar .. there between the Tsn. Company
the defendant tie cDuisct vas legal lie was TO receive
moneys fOr them and pay over TO tie Company ,,,-
m agenI h.a no sn TO dnPue ,he ns =. h' Inela 20
moleys received BY nan to thr Piine'p. use Noi h." s
iest action for the amount - received on tAc
ugiLa bsiea Thu "s,, lea 70 trnsLt sS. E,lol
h. lndP. 3;and in fsrnoftgt hu'sei H. a'd l. -e4yd
o; Tie CT 81 MoSeS '''"s IuTt nv "
hands 10 delivered psistb This efea1eA al inosb
from winch afsump m law sii'es And on tnal IA
acton the esss may b. ina"ssincd ahd Assh' Ihs
bTou.h is thai tho money lto hs LaHu'
peson who was not party 20 the oohtAci who ms 10
pr.eDse retain IT, AID 10 whom tic ia" could not give ny
! Iesci. lius ;Le cont &C. -
The money the pstih's uss was MINISTERIAL
whotBeI the nisBey p1d on Issai OF i ga contract
si. az Wi, sS' 5 g.; ''''''-'' ''''''
So where confidential relation Of principal AID sgep.
,ss IN rcssId 10 tIu. created Tor tie benefit Of tn pfnci
p. the agent jet ta tie uust IL void lJehkins
at Eidhdse, story Rep. p: ,aI
cause restn ia hs hsnda money received W HIN nom
ti-d person fof hs principal IN.
tho racine Ms! stoansp Company p'J meals "eio Iesu 4
y made iii about ILe ilsn Of JuDe oo snd Se Payments
Tor ,fips "a tie other aide were m.1e aiser~ard
Aton. that the r. ciic Mail CO.. pAny rrfOsod to pay
on account Of running Of opposon Line irom No"
YORK by Morgan OsTf!.on.
hi, date Ito act Of The Rvs Walker GOysiDmen,
I'm taxing away the mad gone DtO effect C"de II the
pfopIty u TIE Tapsu Company. which was ~ Central
cs had besa tsien possession OF o. SENS pD.t
M that GUysrt nent 1hs drfoud1Dt he'd male exeTtioUi
hout Washington ana IN Cen,rni Amones TO obtaa
t. the Cnpsny Of ii' lights an1 properly Iheo
iofts mad ITO, acs. TJc fCue lad passed RON the
N su,t Company into the control oil A0rgsu Canson On
or beflre tue nionib OF April, lSst. .
All tne steamships OF the Company not SEIZED by the
ys. Walker Govouueut mad been pledged 20 the do
PENDANT oher moneys duo hin aud the POS.
s,ion o ps BY resolution gwen 70 Lin On l%h
june 1856. ,-,,