The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-06-19
Liability of Brokers in Cases Of Purchasing
Stolen Bonds.

ALBANY, June H. 1859.
The business OF the court little further ex.
pedited than yesterday by the short arguments Of
the counsel, and the morning sessionfan end was
made to three cases. Two OF them, Elizabeth F.
Suwen and another, executors, Vs. Meigs, and An.
derson Parks as interesting the brokers OF New
York. may be OF some interest to your readers. The
first involving the question Of the measure or dam
ages to which q broker is liable, who, having cone
tracted to deliver certain stock upon certain day.
fails to deliver the stock as contracted whether is
shall be the highest market value Of the stock up to
the time Of bringing suit, whether 1t shall be the
highest market value up to q certain time,
that time to be limited by the COURT
The second, involving the question whether .
broker who receives stolen bonds and advances 9
certain sum upon them snail be held as protected
In the same manner as the law protects a bona yLdd
holder. Judge A. J. Parker. in his argument, In
sisted that IL was bad enough that man should be
Invested OF the laDors OF lifetime by the accident
oil u burglary, when his property was In the hande
OF bo1aa tde holder; that 1t was dong great in Y
Jury TO the honest members of the community n u
should be understood that THIEF might rob our
safes, deposit his ga ms with broker, receive az
advance and the broker be protected In his ADVANCE
Kobbing mas become a science In this country
Extend the projection OF the court to this degrees
ana there would he science better worth study. 7
A scene OF unusual dramatic interest occurred in
tins chamber before the Court OF Appeals IN 1868.
IL was during the argument upon the legal tender
question brought up on appeal from the lower court
III the case Of Roosevelt vs.. =. IL was during
high party times and the anxiety or the friends OF
the administration that the Legal Tender act DC sss
tanned ed them 10 employ some OF the ableSS
lawyers Of the state. On the side OF the appellant
was MI. q. A. Curtis, OF New YORK, then late from
Boston, and author Of the well known work on the
constitution ana lawyer OF conceded ability. Duff
ing the discussion several OF the gentlemen rcpres
sentlng the government took occasion TO speak OF
the well known opinion Of Daniel webster upon TINS
question ana rested with peculiar confidence upon
the dcta OF that great man as being OF Importance
enough 10 throw % controlling weight In the decf:
son Of the Case. After their arguments had closed
Air. Curtis rose ana SAID that he would only
detain the court for moment. He had
listened with great pleasure to the eulogiee
OF Mr. Webster ana would say that no was
honored by the friendship OF that great man
for many years; that he was one OF those who DUR
ing tue fast DAYS OF Mr. Webster had the great honor
OF standing around his deathbed and hearing those
WORDS OF wisdom that were almost prophetic, as IT
caught from the prescence OF another world by the
mightiest intellect Of this lie had often passed
hours IN conversation with Mr., Webster upon this
legal tender question, aud must confess that the
arguments OF that gentleman were never entirety
satisfactory TO HIM. IL was as II one, telling the
written story OF the Revolution, should be inter-
rupted by participation IN the struggle, u read
THIS" answered by, al saw this" ,
Among the gentlemen who appeared before the
court this morning Mr.. william Allen Butler,
the well known author Of Nothing to Wear and
acknowledged to be one OF the most cultivated gen,
uemen ut the bar OF the state. Hia style OF argu-
ment illustrates the falsy OF the old slur against
the power OF men VINO indulge In rides upon the
steed sinking to perfection In the more common
place pursuits OF lie.