The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-03-27
THE RING FRAUDS.

Ingersolrs Demurrer to the Complaint
In the Six Million Suit Sustained-The
Suit To he Prosecuted by tho County
and Not tho State-Decisi0n OF Judge
Harden.
After several weeks Of elaboration Judge liar
den, who at the Special Term OF the Supreme
Court heard the argument upon the demurrer in
terposed by Ingersoll the complaint in the we'll
known six million suit brought against him, has at
length given his decision. This decision, which was
given yesterday, and which sustalns the demurrer,
is very lengthy document, but is so made up of dry
discussions Of legal technicaities to be devoid
Of interest to the general reader. Stripped Of this
du!ness of technical detail, which, from the nature
OF the case, is inseparable from such docu-
ment, the conclusions OF law are capable OF being
the bonds on which
THE sQUANDERED MONEY
was raised got into the hands OF bona nae holders
they became binding, as debt against the coun-
~, and that when the proceeds Of these bonds
reached the hands OF the Chamberlain or were de-
posted to his credit as treasurer OF the county,
that being in the hands of the Chamber.
lain, they were, under the act properly applica-
OF New that rdsl the &C. Of Of sss
the Comptroller in paying out this money, dis
charged virtually duty on behalf OF the county;
alleged the Comptroller conspired to pay out, and
did pay out, six millions Of this money on
FRAUDULENT CLAIMS
to recover which this suit Is brought; that these
facts there Is good cause OF action on behalf Of
the county: that under the code every action
must be prosecuted in the name Of the real party
In interest; that such party In this case is the
county OF New YORK; and that the present plain
tins the people o. the he state IN any Just
In interest. He holds, further, that the complaint
does not, in express terms, aege in the paintilfs
snfa. tlo On fIn
taken and Converted by the defendant Nor, Ss
holds further, do the facts constituting plaintiffs
alleged cause OF action make case showing the
plaintiffs to have legal right thereto or that the
plaintiffs are the real party in interest; that, on
the contrary, the facts constituting the cause OF
action against the defendants establish very salts
York is
THE REAL PARTY IN INTEREST;
tnat no taxpayers can maintain this suit; that
holding, as he dses that the county has the right to
maintain the action, 1t Ia manifest the Plaintifrs
thar s aG ~ they
and that the right 70 make thus amendment on
Having tie runss
Harden next reviews the decisions previously
rendered in these cases, and shows that they are
not in all respects applicable to the present case.
Pointing ont the respects in which the same are
not applicable, his conclusions are that no doubt
is entertained as to the liability Of the defendant
Ingersoll as well as the other defendants, to re-
spend for
THE GENERAL FUND,
murrer to the plaintiffs complaint must be sus-
tanned, because the complaint does not state
.facts SUFFICIENT to constitute cause Of action" in
favor OF the plaintiffs the people Of the State the
demurrer OF the defendant IngersOll is therefore.
sustained, with leave to the paintifs to amend in
seen from this decision that unless the same is
overruled at the General Term the suits brought
80 be sna the e Re
the sole prosecutor.