The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-25
SUPREME cuuiI-clsculI-2aaI 2.
Pra;;uce Merchants in IoHrt-The Resu't Of a
Tran.a cfion in Corn--Aiseged Fruud-Heavy
Damages Claimed.

Pra;;uce Merchants in CoMrt-The Result ef a
Transaction in Corn--Ai,eged Frnud-Heavy
Damages Claimed.
Before Judge Gilbert.
Jesse HoW ana Others 49, Gorl.ana r. Boiey, Gil
bert Montague ana OUteaa.-The plaintiffs, who are
produce and corn merchants, doing business in New
York under the firm name Of Jesse Hoyt 4 Co., bring
suit to recover ssol4 the value OF 1000 bushels OF
corn, aud $4,000 damages for the detention Of
the same by the defendants. In this case
there are three sets Of defendants-Baker and
Montague warehousemen at Atlantic Dock; Akin
& Pierce, VINO were formerly produce and commits
sion merchants in New York, and Cannon & Nor
rlson, IN the same business. Tue plaintiffs allege
that ON tnc 3ist OF October, 1868, the defendant,
Aikin called at the store OF the palniifs and en-
tered into negotiations with them for the purchase
OF a cargo Of corn, and fnaly agreed verbally to
above mentioned corn, which was then on
board the canal boat Toronto, in the East
exhibited to him In The sample box OF the plaintiffs,
and to pay 81 IA per bushe II he could procure the
boat 10 be discharged that day; If he could not, he
was TO pay the delnurrage. Ii was further agreed
that the cargo should be delivered ut the warehouse
o, Baker i Montague, and after being elevated into
the warehouse, according 10 the usual course OF
business, the corn 70 be compared with the
sample, and the quantity ascertaned by weighing
was done Che weighmasler's return OF the number
OF bushels and the warehouseIen's receipt for
The corn was TO be sent 70 the plantGs, winch
were then to he cndorsei to Akin Pierce on
payment OF the plantrs bill to be rendered for the
corn or on satisfactory assurance Of payment to
the plaiutii and thus the corn was 60 be delivered
TO tae defendants Akin Il Pierce. In pursuance
OF this arrangement an order was given by the
plaintiffs the same afternoon to the agent OF the
boat Toronto 10 deliver her cargo TO Baker Il Non
tague. The corn was taken there, weighed by tie
welghmaster una founfl 10 be 1857 bushels.
As soon as the corn safely IN tie
warehouse, and before Jesse Hoyt 4 co.
received any notice of the acceptance or
the corn by AKIN u Pierce, Or obtained the weigh
masters return or warehouseman's receipts. Akin
& Pearce substituted their corn fer that OF Jesse
Uoyt 81 co. in tie sample box and by other false
presentations, and on the I'll day OF November OBJ
tanned from Baker * Montague q negotiable
warehouse receipt IN their name rs the owners, and
transferred the same TO the defendants Cammann
Il Morrison. The defendants, Akin Il Pierce, al
this time were nsovcnt. and pain.ils believe that
this pfeeOncerted scheme to get possession OF
their corn and deirauS the plaintiffs OF its value
The plantUs, as soon rs they learned OF these
transactions, demanded the corn and the ware
house receipt OF all the defendants but falling TO
receive them, they brought this suit.
On the part OF the defence Akin i Pierce deny
the allegations that the sale of the corn was Tor
cash, and that the warehouse receipt and weigh
masters return were to be sent 10 the plaintiffs
They claim that the corn was To be paid for In seven
days according to custom: that they took the sai-
pie box OF the plaintiffs TO Baker 4 Montague with
out removing the pianifls' card and that on the
81 OF November, according to the usual course 0.
business, no notice or intimaton having been
given to the defendants that me re-
ceipt was not to be SO delivered. Baker "