The New York herald., 1874-12-24
MEMENTO OF BLACK FRIDAY.


The gath OF September. 1869, memoriaized IN
Wall street annals "Biack friaay" ieit ia its
track lengthy list OF lawsuits. Among these was
that brought by Albert Speyers, broker. against
Jay Gould and James Fisk, Jr., to recover his one
eighth pe- cent commissions, amounting to
$l1s75 for purchases on their Joint account OF
&tl 600 900 In gold. Failing to obtain tue amount
from Mr. Gould or Mr.. Fisk in the latters lifetime
he revived the suit after Mr.. Fisk's death by
bringing an action against Mrs. Lucy ID. Fisk, the
vie and cxccutrix of the deceased Colonel. This
sui, was brought in the Supreme Court, when
demurrer MAS made on behalf OF Hrs. Fisk to the
complaint. The grounds OF the demurrer were,
first, a defect OF the par ties defendant; second,
that the omplant does not state lcts sufficient to
constitute course ol action, ana, third, that being
a partnership transaction the plaintIr must ex-
haust all remedies against the survivor or show
his insolvency before bringing the present suit.
This demurrer WAS argued at length before Judge
Van Worst, holding supreme Courf, special Term.
A decision was given yesterday sustaining the
points OF the demurrer Judge Van Worst sets
following clear and snccinct opinion:-
Tnis action Is brought against Lucy d. Fisk as
exccutriX or the last Will ard testament OF James
Fisk, Jr., deceased, to recover tue sum OF $14,S75
for services alleged TO have been performed by
the plaintiff gold broker, In and about the pnr-
chase OF 81. 300, 600 gold coin for James Fisk Jr.
his life time, and one day Gould, at their reqaest
ana Tor their benefit Ind on their account The legal
effect OF sach averment Is 10 constitute JOINT
liability on the part VI Fisk and Gould. This lol-
lows from the statement tnat the services were
rendered at their request ard on their account.
Tue, it IS aterward stated IN the complaint that
Fisk ana Gould jointly and several'y promised and
agreed 10 pay for the services. But JOINT debt Is
The obligation OF each contractor ana eacn Is la
bic 10 pay the same In Rice VS. Shute e Burr.
liable to pay the whole debt" But, notwitnstand-
ing such promise TO pay, II FISK we're living it
him alone for these services as long Is
the joint contractor was also In being
Ia suing his legal representative. There Is no
authority for such action. All actions brought in
hall OF partners or first contractors in the case OF
the death OF one or them must be brought by or
s Sr
not be sued In respect OF such contract (Curren
ys. Sponord. 40 How ?. H., 2oi.) Upon an aliega-
tion OF the insolvency or the survivor IL may be
tina. the representative OF tile deceased might be
joined as a deiendant. But II Is not necessary TO
decide tnat now. The complaint fails to show
cause OF action against this defendant, and iucg-
ment Is awarded the Ceiendant Gu the demurrer,
WITH costs.
THE SCURRILOUS POSTAL CARDS.
The trial OF Moses Chamberlain on an indictment
charging HIM with having sent scurrious postal
cards through the Post ONCE was resumed yester-
day morning in the United States Circuit Court,
No. 27 Chambers street, before Judge BENEDICT.
Evidence for the defence was entered upon. Seve-
sal witnesses, including DR.. Van Peit, Samuel
montgomery NJ. Il. BTCNu2Ce, JereInldn hiuIey,
John G.. Rankin aud EDWARD Il. Buckingham, testi-
fed that, IL their Judgment, the handwriting on
the postal cards was not the handwriting oi Mr..
ChalD erlaiE. The witpeSses spoke OF the general
reputation and character oil MIR. Chamberlain, and
said 1t was good IN the neghDorhood whe he
was known. 1t was testified that Dempsey, one
OF the witnesses Tor the prosecution, had gone
INTO the place where Mr. Montgomery, witness
ior he defence, vas employed, and made use OF
lang guage TO him threatening that he was g0in. to
SEND Chamberlain 10 The State Prison. The de-
fence having put II all their testimony Mr.. Fuller
ton sum med up the Oh the rart OF the defend
ant. Mr. Purdy replied on the part OF the govern.
ment, and had not concluded al four O'CLOCK, when
the Court adjourned until this morning at ten
O'CLOCK