The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-01-03
what Constitutes Gold Delivery.

MYSTERIOUS DISAPPEARANCE OF A BAG OF COIN.
COURT OF COMMON PLEAs-Before Judge DAILY.
Ludwig 0. Meyer and Christian Greve VS..
Luther c. CLARKE, John ID. Maxwell, AID David
Crawford. The plaintiffs in this case are dealers
in bullion, and bring the action against the we'll
known house of Clarke, Dodge Co., to recover
SlO,625, the value III greenbacks of bag OF gold,
containing $4,000 in gold coin, claimed to have
been delivered to them in the year 1864. Ac-
cording to the opening of counsel the facts of
the case are as follows:-
Prior to the 26th of September, 1864, the plain
tits agreed to sell the defendants $2500O in gold
at 2l23. On that day Messrs. Meyer d Grove
sent two OF their employees, George Cornelson
and William Z. Kiholz, tosdeliver the gold to the
purchasers. The coin was placed in five bags,
each containing $4,000, Cornelson taking three
OF the bags, and Kiholz two others. When they
left the office of their employers they placed the
bags on their shoulders and proceeded imme-
diately to the banking house where they were to
deposit the money. Arrived at the latter place,
they saw the clerk having charge of the business
of receiving gold deposits, aud placed the five
bags under his observation, as is alleged, upon
the counter and within his custody.
After performing this much of their duty Cor
nelson and Kiholz paid no more attention to the
bags, believing their part of the transaction to
be at an end and that the gold was thenceforth
out ftheir control and possession. Behind the
counter was a shelf, where gold was slowed
away, and when the agent of Clark, Dodge & Co.
turned to take the bags from the counter, he
discovered that four were only to be seen. The
Cornelson, You are bag short;n 10 which the
latter answered mo" But Mr. Wheeler insisted
that only four bags were on the counter. and re-
fused to pay for more than 500, 900 worth OF gold
coin. Cornelson refused to do this, and re.
turned with the four bags 10 explain the diff
Guilty to his employer.
Subsequently Meyer & Grove delivered the four
bags, with another containing five thousand
dollars. The latter WIS paid under protest by
advice of counsel. At the time of this transac-
ton it was customary to sell gold in the same
manner as bag of potatoes or any other com
modity-by actual physical delivery at the place
OF business OF the purchaser-and not, as at
present, by placing it in an institution of deposit
To guard against mistakes it was customary to
fasten around the neck OF the bags label CON
tanning the amount Of coin and the name OF the
seller. BY this means facile method of recla-
nation was afforded in case of any mistakes in
tie amount of gold placed in the bags.
The case is interesting, as sho wing what con.
stitutes delivery of gold; whether it Is suffi.
cient to place it on the counter of the buyer in
the presence of his agent or whether it is neces
sary to wait until 1t is safely slowed away and
| counted.
At the trial yesterday, Mr.. Grove one of the
partners OF the firm that sold the gold testified
| that MIR. Wheeler acknowledged that he saw five
bags on the counter at first, but that when ne
| went to put them away he found only four.
| Messrs. Platt and Gerard appeared for the
| plaintiffs, and Mr.. John u. Burrill for the de.
| iendant.-.Nelo York Herald.
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