, 1865-11-18
Liabilities Of Portncrs-A Much MI1c&1
,-=s, Up Case.

= lEF0tu I0e l0I0}EQR tlnI.3 1nuful1-t
In the Court OF Common Pleas of Clinton
last, the case Of Kelley vs.. Breckinridgn was
on trial, occupying more than one week of
the term, md which Is Of considerable i'm
portancc to the parties. not only because Of
the amount Of money inyoiYedi but because
Of the very Interesting question It presents in
regard to the rights and liabilities Of partners.
Ahont the 1st Of January last we noticed
ridge, q prominent stock dealer in Clinton
county, ID the following manner: Mr.. Breck-
inridge, on behalf of his firm, WAS returning
home from New York, In December last, over
the lafayette j. Indianapolis road, having in
Ills possession the amount above stated. which
be had that day received at the counter Of
Sharp & Fletcher's bank, at Indianapolis, and
way, because Of its immense bulk, he placed
1t IN his yalfse.
AZ the train On which he was travelling was
leaving Thorntown, and was rapidly gaining
speed, Nj. Breckinridge stepped to the plat
io1m Of the car aud was lelsure1y looking
the side of friend. At this moment be was
observed by q brother in the crowd, who in-
stantly beckoned to him vehemently to jump
of, but he did not obey Els brother beck
oned still more earnestly, when Nj. B., being
Immediately seized with an apprehension thai
come Of his family Was dangerously III, and
bis attention being thereby entirely pa1alyzed,
had not touched The. ground, nor his hands
given up their hold on the railing Of the chr,
before he thought Of his money. He held on
and endeavorel to regnin the cars, but the
danger Of being crushed BY platform Just
ahead, compelled him to re!lnquish his hold,
vain, he was left behind: he Immediately
telegraphed to officers Of the Lafayette Il In
dianapolls road at this city, informing them
of his loss, md the locality Of the yalise IN
the train. It was recovered aud q tclegrnm
sent TO Mr.: B. at Thornsown that all was
with Mr.. Edward A. Wright, conductor Of
the night express, who happened to be then
stopping of at Tho1ntoWn. to take the money
out to Clatk.s Hill on his nexk southward
bound t1ain, and Immediately left for Frank
fort, where important business required
bis presence the next day. On coming in
that night, Mr. Wright unfortunately
aud great responsibility Of taking charge
LETT i in t6e depot, where, It remained
until morning, sitting on the hoor, near the
safe The yalise was opened In the presence
Of witness, while In this city, md the money
Mr.. Kerper, Assistant Superintendent of tie
road, sent the valise ont to Clark's Hiil, on
the accommodation trutn, whcre It remained
In cara of Mr. L. ". Loycless, until the inter-
noon, when it was given to Mr. Brecktnr1dge,
who, upon Immediately opening It, found TINT
the money had been abstracted. Tho ques-
t1ons presented in the case n1c:
l. Should Breckenridge bear the entire loas
Of the money? Or, on the hypothesis that
the external agency operating upon him 30
as for moment to deprive bin Of the pres
ence Of mind, WIS such as ordinary prudence
could not have guarded against, ought the
loss to fall equally npon himself and part
nersss 49,.
2. If e1cusable In jumping from the train
did he act with ordinary aud reasonable dill
gence, in making an arrangement with Mr..
Wright to return the money to Clarkfs ELL,
instead of coming for 1t himself by the quick
est possible conveyances
After closely contestedtrial, lasting some
seyen days, the Jury were unable to agree,
md were discharged, having stood n1ne for
defendant and three for plaintiff. Among the
counsel employed we1e Cot. Wm. Wilson, for
the plain,ih, and R F. Davidson {of David
son & De Hart), fpr the defendant
Mr.. Brckfnriage has become party In four
law suits, involving In the aggregate over
s50,0W. Mr.. Loveless brings suit for a10, ,000
damages for trespass, because Of the search
Of his premises at Clark 3 Hill Be also
brings another snit against BrsckinFidse for
SANDER and malicious prosecution; damages
10000. The third suit Is IN action by Breck-
inridge against the L. & I. R. r., for the loss
Of The money. The fourth suit Is brought
by Kelly (Breckins1dse's partncr} against
Dreckinrldge for one-half the money lost.
alleging, as above stated, want Of due dill
rrnrp