The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-20
SUPREME COURT-chAMBEaS.

Before Judge Brady.
Jay Gould vs. George Ii. Gordon, alias Gordon Cor
don.-This suit, which is an action to recover
$273OoO In railroad stocks and certificates alleged
to have been obtained from the plaintiT through
fraudulent representations the facts Of which were
published in yesterdays HERALD, came up again in
this Court yesterday. The defendant, who is repre-
sented being known under the additional alias OF
the Earl OF Aberdeen, was In the hallway chatting
unconcernedly with friends while the proceed
ings in the case were being conducted in
array of legal talent employed on both sides put in
an appearance, embracing David Dudley Field, ex-
Judge aeGton henry hnG pea anG MT noSt Gr
Strahan for the defendant 1t came up on motion
behalf OF plaintiff to vacate an order OF the
Court staying an examination Of the defendant
under a previous order until motion could be
heard on next Wednesday to vacate such original
order.
Mr.. Field, in making the motion, claimed that
they were entitled, under the practice to the ex-
animation Of the defendant in order to obtain the
facts necessary for them to form their complaint.
He stated that two suits had been commenced
against the defendant order of arrest having been
obtained in one, and in the other the summons above
having been served. The order now stayed was
obtained In order to supply plaintiff with the in
formation necessary to prove his complaint In the
Mr.. Strahan opposed the motion on behalf OF the
defendant. The aflldavts OF plaintiff IN the second
suit he claimed showed upon their face that the
basis of the complaint was the alleged obtaining
from plaintiff Of stocks and property under fraudu-
representations were made they must necessarily
be within the knowledge Of the plaintiff and, con-
sttung as they did all tnat was to
could be necessary to plaintiff to enable him to
frame his complaint. This fact appearing
broadly the face Of PLAINTIFFS afldavit, 1t was,
he urged, clearly proper that the stay should be
continued until next Wednesday, when formal
motion comes up to set aside the original order
directing the examination to be made. The op-
posing counsel was clearly trying to deceive the
| Court
| Mr. Field denied that he was attempting to de-
ceive the Court and, passing this inputatiOn by as
unworthy Of notice, stated that the defendant,
wealth, got from Mr. Gould half a million dollars
worth Of stocks and securities to be applied to
te snacldc purposes, and that he did not use
disposition hne p aoSs, T me
stocks and securities in his trunk. The present suit
was an action for damages. On the allegation
that the property obtained from the plaintiff
claimed, under this examination would have a right
to know what disposition had been made OF the
property-whether he still held 1t in his possession or
had transferred 1t to other parties, and If trans
ferred, to whom the transfer had been made. He
referred to the decision in the case or Havemeyer
VS.. Ingersoll as precedent proving their view OF
the case on the joint of general examination. He
asked the examination at once; their rights were
good end and only tended to embarrass the parties.
Judge Brady said 1t was clear to him that plaintiff
nation asked The plaintiffs afiidavit showed
the grounds OF his action the obtaining of property
on alleged false and fraudulent representations If
the plaintiff parted with his property such repre-
sentations they must necessarily be within his
knowledge, and therefore he could need no further
information In order to prove his complaint. After
a careful examination ofall the papers in the he
deemed it his duty to deny this motion and con-
tnue the stay until motion to vacate the original
order can be made on next Wednesday.
Vacated Assessments.
About twenty motions the calendar
yesterday for writs Of mandamus against the
Comptroller for failure to comply with the orders of
the Courts in the matter OF vacang certain
ments. The retutn by the Comptroller was that
the assessments had been vacated as directed