New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1869-12-16
THE COURTS.
SUPERIOR CoURT-TRrAL TERN.


Before Mr. Justice MOnelI-U Sury on the chat
lei r,Srtgaoss Iifrsd J. CanHeyer agt. Thomas Hdm
ton-On the 18th Of May 1861, Joseph Doves
from the defendant ana gave rnsup Sc Of his
drug store No Bleecker,st pay able In one ,h
mortgage was for 81 800 and clearly sdrscSed At this time
shortly before, Bowes was indebted 10 tnr Pi t
sa for his rent and gave o MN he Sefcndant The Court
thereupOn held, that though u was IN uouDe ns
pai9n was IN poSOnt SU b~ing nsurous gave no
rights as against any person having me rgt W
question: and 1t would give JuuSo' i1 cpTapai Term
Before Mr Justice honeH-Ihe R.ss S2e i aw"s
charges Col Bliss with having by fraudulent representa-
tons led him INTO the purchase Of 1000 shares OF tne Wy
hold tho stool until loss Of s3sOOO had accrued IT,
The first testimony read by paintin was Tue
own deposition to the effect that he became intimate
with col Hawkins az the Sanitary Fair OF March, 1894
they both being members Of the Committee on Arms ana
Trophies. and being thrown together for hours ~ UNI
Ar fhis time ne was the counsel for the Wyoming Coal
Company; that Mr. Hawkins was then speculatinR ~
stocks and they got talking about them ne nau mn
seen the weekly statements OF the COal COMPANY,
It's ledger, and some Other BOOKS; anu s sno
subject having been introduced, ne gave MT
Hawkins such Information as he had lie denies ulg
ing attempting to induce Coz. Hawkhs 10 , ouy
the stock he himself had bought some Oh ehIs S!9on
one lot that he bought COO shares when Col Haw-
kins wmte ont the order he was standing close Dy NM
and seeing he for 1000 shares, expressed
the maknfude of the transaction; he had told Col law
ns that an arrangement was In contemplation Tor inc
purchase OF an additional c3lhety, TO DC pd re 70
vertibe bonds, which Jerome Riggs Co. WeIe 10
take the stock and told HIM ms own purchases "vt d
depcndsnt on the completion OF that arrangement ana
did tellhim that that arrangement had been comIesu
he tOldhm the company calculated that they cOuln mus
double their business with smaller pec9n'dEu, ",
pense, and they went over some figures ana
togethd counting the price of COAL &oi the shares 10
bOughthe expected To sell II they rose OF 10 h0u
il thcvdd not rise, long as he could Col HAWKINS
story vas somewhat different His testimony was tnao
Col Bliss approached nm, when tney net -" ,bat
COMMITTEE saying that nc lBllssl thOugntn tn" ~
the men who had been IN he ed
said h, had thug, aud gradually gave more aiG
more PARTICULARS tl ~ length ne S,a 5 ~ 10 * Dcr
was Ae Wyoming ROAD, that pIollt VI lo' ~ ~
cent was sure that the stock was 10 DC taken ho Vi
by jerome Riggs Co. On these representation, H
Hawkins agreed to purchase ne SAY down 20 Trte
order for 800 shares when Mr. Bliss who was standing
called his attention To the fact That 10 was ~ stocA
when he altereiit to an order for 1000 shares. -
on cross examination he stated that he had III e pr
yious Winter bought and sold stocks To the amount Oh
nhOn chiefly Rock Island ana Mississippi ana niss ,
Railroad stock and bonds, but small amounts Oh ounri
docks besdei those specuatOns lac had ade money
this the only Coal Company STOCK ne hau pouh''
ma the last OF lis specula0ns; he had never made
darge 20 Mr. Bss personally of fraud nor had ne hauo
personal demand lor redress rom 1 , V t I'm an
nencng the SUIT he was not positive tat tne ntsJ III.
vas as he had stated Some subsequent correspondence
vas read The case is not yet finished PIT, hutchIngs
! AID MI. Bangs for painth; MI Cram ana hr' C"u"ai-
Eetore liz. justice Fihrdn.-Eorged I,,dorsements-
! -ccnrdng 10 the view taken by the Court, Mr..
Snrnny Inc auctioneer induced to give check on
ted the owner Mary T.. Bull The checks drawn by mr.
ournay were undoubtedly genuine, and me the
| culinary channel The only question was as to
| Ge Endorsement OF the check, and on TINS ms
eppearcd that the person receiving the check was the
,erson who Endorsed It, On behalf OF the bank IL Was
daimed that the person indorsng tho cheek was tnS
,rsOn who received IL for Endorsement, tho faut ana
oss rested with the plaintiff On the part OF inc defend
boud have known 1t and rejected it. The Court held
mar Though the question close the recent decisions
u the Court controlled Al any rate the case II decided
for nauti wrongly would come back 10 the Trial Term
| with decision OF the General Term controlling tne
uou and therefore Judgment for the plahtH SUI
! icct TO the opinion Of the General Term.