, 1866-12-22
1sEi. 1s65 1861.
For The week a,iIaE79 s 5,449.si5 : ;,035,s,a
l.eyione1y le-
poned.... UH1as,In 17o,6ltg7Y III. ts, xss

Since Jan !. .ss05, 90 Sr7n063,5ls xl8a 01O
An interesting and important trial. in which en-
incnt counsel, including Re,e1ly Johusop. verc
engaged, has Just te1miua'cd ot Baltimore. The
circumstances Of tho eaae we1e these: In Octc-
ber, 1861, man named Bogle employed Thomas
r. Carson, btoxar Of high standing IN baltimore,
to buy gold coin 1oe ht1, TO te carried on d mt,-
GIN. In Novenber Carson b1ught $a,0OO at asa,
through biokess In New York, and Boyle depos.
tied gold coias With cazsor, 10 servo - margin,
10 which additions Of coin and railway bonds
were made after his death by Bogle's wife, In
April, 1sG5 Carson called for more margin, but
the widow did not comply, and Tic gold vas sold
at l3O- showing loss OF 100. Mrs.
Boyle wns advised that shc had been
badly used by Carson, and brought suit 10 recover
the value OF Tie na,glns. II nppearz On uial that
the purchase for BoRie had been effected by ca1-
tytlg to Carron'a credit, tn account with bis
SCENTS, the sur1 Of gold ordered to be purchased,
ana by Charging him with tho value thereof IN
paper money. Ali the dealings between these
parties (Which were very cxtcnzive) were carried
1nlo this general account, and In December, 1864.
ali the gold which bad leen putchkaed for account
Of Carson had been sold ont, ard he had become
''short" TO considerable sum. Alter listening to
argument On the legality Of this node Of transacl-
ting bus;ncss, Judge Nart1n Instructed the Jury to
the following eject:
/. That hy the general law Carson was bound
to :ave laid the purchase money for the gold pur-
chased tyr account of Boale, aud 10 have taken
thai gold into Ills OWL Possession; and that IN
lees lie could show thatoy spsciaI agreement be-
tween himse!f and Bcg!e tic money Vas to re-
mziu In the bands Of bis agents IN New Yoss,
subject to their lien for The moDeF expended ln
he pu1t hate 1hcreot, sGd for any balance when
might appear 10 he due on general account, the
e1ecnui1 Of 6ogle bad a right to rrpudiate the
pn1ch2ss and to cialm return OF tho mArgns. OF
of lelr yalres, at the respective times Of their
deposit
:. rha, by the general law and Independent orany
special uauare, bruker Of other factor Is bouud
to retain roseeation OF The thing purchased 1or
account Of bis principal In the case OF gold coin
which has In ihelt noslne to distinguish its value
flom other gold coin oi like denomination, tho
broker fn1has lis duty b keeping on baud, cleAr
Of all other contracts, an amount Of gold coin OF
m equivalent value 10 that which "a. purchased.
Hence If CAIson hal taken 1ut0 his actual posses-
sion the gold coin which he had osteu516!Y pus-
chased Ior boslo. and bad subsequently, appEo-
piiRied the tamc to bis own nse, ahc p!atuiii
woEld he entitled to tecorcr, onless Carson could
general and well known which authorized 1
bEolerto 10 Fell or otherwise use, or appropriate
gold coin which he had purctAsod for account Of
his customer.
The Jury, under thcse instructions, found 4 YER
dict for the p1aillif for The fu n vslue OF her do
mand.
The following are the comparative earnings Of
The N1ehirau Southern Raii1oad for the eecond
week in December:l