The New York herald., 1869-03-18
SUPREME coURT--cacuIr.
Action Of Commission nferchants 10 Recover
Advances.
Before Judge Gilbert.

Advances.
Before Judge Gilbert.
Daniel H. Baldsotn ana others us Rostcea S. Bur-
roug'.s aud Otlsers.-This case was partially tried
the 18th Of January asr, but IN consequence of the
sickness OF juror Iwent over for the term and was
again taken up yesterday. The paintins in the
action partners Us commission merchants in the city
OF New York, under the firm name OF ID. II. Baldwin
Co., claim to have entered into an arrangement with
the defendants, by which tho former were EN-
p0yed as the agents of the latter to ship 1000 bales
Of cotton to plaintiiis correspondents, Whitworth
Brothers, Manchester and Liverpool, for q com.
mission OF one and half per cent upon the net
proceeds and to insure the against marine
risks Under this arrangement from the 9th OF April,
1866, to the 2olh OF May 1865 there was advanced,
by the plaintiffs to the defendants, upon the cotton,
in anticipation or Its shipment and sale, the
sum Of S2s,000; and there was also paid by the
plaintiffs SAG 70 as premiums for marine insurance;
and the defendants on their part 1t was claimed,
promised tne plantH to refund such amount OF the
sums SO advanced, with interest, as might remain
ceeds Of the cotton. Under this contract 255 bales
cotton placed In the hands OF the plaintiff,
which were sent to Whitworth Brothers, ana, after
crediting the net proceeds thereof there re-
manned duo the plaintiffs from the defendants,
on account OF their advances and payments.
with interest thereon and on account OF their CON-
missions. balance amounting TO Sl7,240 2l. The
whole OF this sum was claimed by the pantiffs aG
due them with interest," thereon from April /, 1857,
with the exception Of 81, 5fs SO, paid the Both OF
May, 1867, by Henry Mcclellan, one Of the defend
ants The suit was brought to recover this sum OF
90, poldnIc VI tliS uluOuiih dufAlCcu Ny
the plaintiff.
The defence set up was that the defendants were
ignorant OF the existence Of any such 1rm as d. II.
Baldwin Co.; that In the month OF November
or December, 1885, they made several JOINT pur-
chases Of damaged cotton, amounting to 400 900
pounds, In which they were jointly interested, for
the purpose or drying and ntting for market, but
not 0thcrwise that there was no partnership for the
purchase and shipment abroad Of any cotton what
ever: that two OF the defendants were partners
under the firm name Of f. b. Blanchard a Co., for
the purpose Of drying and lifting for market burnt
and damaged cotton; that the other defendants put
cotton to the value OF $4,000 In the hands
OF Blanchard 4 Co., and that this firm de-
Ivered q large amount of this cotton to the
plaintiffs without the knowledge OF tho real own
ers or their consent being given; that this transfer
was made on the condition that the plaintiffs should
dispose Of II only with the consent Of the firm Of
Blanchard Co.. that the plaintifs In violation OF
this agreement without the knowledge of any Of the
defendanfs sold tie cotton at great sacrifice and
for less than 0ne-third the value TO the damage Of
the defendants OF $4,000. These damages defend
ants claimed q set-on and counter claim against
any claim the defendants may establish, and asked
for Judgment to the amount Of their counter claim
with costs. SgHt
The evidence the part OF the plaintiff was put In
the case was opened ior the defence and the court
adjourned.
For plaintiffs Evarts, southmayd and Choate for
the defendants, A. u. Capwel aud Joshua Van Cott.