The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-01-07
AN OLD GOLD TRANSACTION.

Wonderful Turning or the Legal
Tablcs-PlaintfRs Who Sue for SIC, 900
Mulctcd Themselves I'm $4,000 Dam
ages-Big Thing In the Way of Extra
Allow ance.
During those days of the war when gold bounded
up to height that made dizzy the vcricst veteran
operators OF Wall street Livermore, Clews Co.
were commissioned by Richard cambridge, then a
well-known operator in gold and stocks to do
little gold business for him. A Misunderstanding
arose in some way between the parties. This mis-
understanding as Is often the case, eliminated In
q lawsuit This was just ten years ago. The
suit was commenced In 1853 BY Lvermore,
Clcws 4 Co. to recover the sum of $4,000 balance
OF an account started from Richard cambridge.
Mr. cambridge defended the action on the ground
that his stocks were sold without authority, and
that there were serious errors in his accounts,
which when correcsed would SHOW '. Lsrmore,
ferred to John P. Crosby to hear and determine.
Many hearings were had, but early in the case 1t
tins that there was little to be gained In prose
cutting the case. At this time BainRrldge COM
Co ior damages for Illegally selling his stocks, and
UPON THE JURY CALENDAR FOR TWO YEARS
IL was reached, and cambridge was pressing 1t to
trial when the other side made an application to
have 1t consolidated with the first named case and
have both tried together. This was done. and the
two hundred sttings. II was very tedious and
wore out the patience OF two or three sets OF
counsel. The end was at last reached in June,
1871 and the summing up OF counsel commenced.
Mr.. Everett p. Wheeler, Tor Livermore, Cews
Co., took two days Tor his speech.
Mr.. Robert Sewel followed for Mr.. Balm.
bridge, and consumed all of one day without
having concluded. An adjournment was had, but
before the adjourned day Mr.. b inbridge was
| thrown from wagon and killed. motion was
made to revive the case on the part Of the
executors, which was hOtly contested BY the PLAIN
| tins on the ground that q defendants executors
| had no right to revive against the wishes or the
plaintiff. Judge Ingraham granted the motion u
revive, and the Court at General Fefm aiIlTmed tne
| Appeals, where the order or revival was hnaliy
| afiirmed year had been consumed In THIS
| INTRODUCTORY SIDE FIGHT,
| and IL was June, 1872 when Mr. Sewell concluded
| his summing UP for the defendants Mr.. Il. ~.
Robinson followed in another long speech for the
| plantiirs, and Mr.. Sewe was heard In reply for
| the defendants The case WAS then submitted TO
the referee just before vacation and on the 9Th De-
cembcr last he made his report IN favor OF tc de-
PENDANTS for $120O00-a very remarkable endlnR
to an action FIRST brought to recover Sl600o oy the
persons who are themselves cast In damages Tor
the larger sum- The case came up yesterday before
Judge Barrett, at Supreme Court, Chambers, ON
motion for extra allowance in addition TO costs,
under section 900 OF the code. The lawyers went
on the history OF the case. IL was shown that
the referee reported In favor OF allowing Tor gold
at the highest point 1t reached, which report was
affirmed by the Court OF Appeals. In opposition TO
the motion IL c0ntended that, under all the cir
cumstances OF the case, the counsel on the other
side ought not to ask for any extra allowances,
the tables having been turned about so completely
achieved on their side. For the motion It was
urged that this belonged to the class OF 'dincult'
and extraordinary cases, and counsel insisted
that he should avail himself OF the technical sword
of the law and exact the letter OF the bond Judge
Barrett did not take this extreme view OF the case
and granted three per cent allowance.