The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-31

we're made under the circumstances hereinafter 70.
ieired to- and sud account ~ just and accurate aud
contains correct statement as well of the sums fur
nished by the de endant said plaintiffs as and
margins as Of the respective oates whom the same
Fifth. further find the following facts in respect
to the sac Of the sha os OF stock SO excepted in tue
"Fourth" finding above :--On the 18th cav OF April,
1894 said shares had declined IN lher market value,
and SAID plaintiffs had not IN their hands any mar
gDS ngainst depreciation and loss thereon agreed
by sald defendant TO be furnish d 70 them, and
theTeupon said painiiffs said day, both by letter
ana telegram, demanded OF SAID defendant an addi-
tional sum OF monev to keep his said margin good,
hlch, the 9th day or Avr, 1884, SAID deIendant
by letter, promised to furnish TO sa plaintiffs in two
or three days, but which he wholly neglected aud
the market value Of said stocks had fur her de-
c.ned; and, and on that day the defendant. in the
Of tho additional margin then required, a check
for (S45OOD four thousand five hundred dollars
ON the Bank of NewburR which realized to
the plaintiffs (S44SS TO- fortY-four hundred and
eighiy -eight dollars and seVenty-fiye GEMS, and
where he said he was going the came day, TO
remit 20 the plaintiffs further and satsaotory sum
to make this margin good. The de endant wholly
failed TO make his margn good or to remit any fur
ther sum lie was notified by TELEGRAM on the 10th
daY OF April 1854, that the market was very weak,
but he replied thereto and the plaintiffs heard
nothing from h'm did he communicate with
them agaln until the 2d day OF April, 1884 On the
10Th day of Aprl 1864 there was panic IN the stock
market, whicn lasted for several days. ana until
after the 10Th OF that month, and stocks each day
declined greatly further in their market value. Ihe
sve, and LETT the plaintiffs without instructions,
MARGIN, or communication. The defendants mar.
gins on said 18th day OF Aprl 1884, were entirely
exhausted and on that day 1t would have required
remittance OF over twenty thousa nd $40 000) dollars
from the defendant to the plaintiffs to have made hIs
margin Food the loans whloh the plaintiffs had
Effected upon the SAID stocks wherewith to cary
the same, had been called in, and payment de.
mnnded. Under these circumstances the plaintiffs,
upon the 18th day OF April, 1854, sold five hun
dred shares of the stock of the Pmlade phia and
Reading Raj road Co npany On the lSrn OF saId
n a rod hQ N I'm N nf
the Pittsburg, Fort Waane and Chicago Railroad
Company and the SAID Jour hundred shares OF the
Milwaukee ana Prairie du Chen Railroad Company,
and on the 18th of April, 1864, they SOL the remain
inc four hundred shares the stock of the Pitts
burg, Fort Wayne. and CHICAGO Railroad. All of
said sales were made by tue plaintiffs for the defend
ant and on mis- account, without turther notice or
demand than heTeinbeiore speclted. such sales
made IN the regular, usual, and customary way and
the prices realized the highest market prices of
the day. And the statement OF the date of such
sales and tho prices realized therefor contained and
specified in saId account just and accurate and the
alntlffs have Deen compelled to pay, and have paid
lor and ON account of the deIendani the difference
between the prices uPid for said shares and toe price
which they realized, winch amounted over and aOove
all such marplns to the sum of 1928 5l342) twenty
three thousand five hundred and thirteen dollars and
forty cents
Sixth That all of the sales so mado without special
instructions from the defendant were so made BY sa
plalnutis IN good faith.
Seventh. That immediately after the sale of said
shares of stock tue plaInuns notified the defendant
Of t same, and of The prices which SAID shares had
realized, and the defendant acquesced in the
As conclus OILS of law find tBat such sales herein
teiore mentioned were aud are binding upon the
defendant, and that TIE p aintfs are entitled to
Judgment AGAINST the defendant for the sum of
$24 69507 twenty-tOur thousand SIX hundred and
niDety.hV dollars and seven cents (being the
amount aimed in the complaint herein, with IN
terest and which is less than the amount due the
plaintiffs the face OF the account beside. the costs
OF this action and for whch sum 1924 6950O twenty
four thousand six hundred and ninety -fve do lars
and seven cents besides costs setc judgment should be
entered IN favor OF said plaintiffs ganst said defen-
dant. Respectfully submitted,
(Signedl JOHN HAsKIN, Referee
Dated New York, January 81 1866