The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-02-17
BROOKLYN COURTS.
SUP EMe c0uRI-sPEC.Al IEpm.

One Result of the city Treasury Rob-
beries-Suit Against the City by tho
Late Treasurer.
Before Judge Tappcn.
Cortland A. Sprague late City Treasurer of
Brooklyn, has brought suit against the c.ty, NJ.
T. Rodman. his defaulting deputy, and others. to
recover property assigned by himself just after the
discovery OF the thefs the Treasurers office last
summer. Mr.. Sprague Is under Indictment and
his trial has been Ostponed until next month, in
consequence OF his ulneSS by Judge Moore, OF the
Court vi Sessions.
Yesterday his counsel, Mr.. E. More applied Tor
postponement OF the present suit in consequence
oil tue plalntlns Illness aud on the urtuer ground
that the case had never been properly noticed for
trial.
The defendants were represented by Corporation
Counsel De Witt, who SAID that he would consent
to commission TO take Mr.. Sprague's testimony.
The question at issue was not one OF fact out of
law, and IL was necessary that the case snonia he
PROMPTLY tried and disposed OF. This ne Gould
prove by o brief statement. At the time OF the
discovery OF the delalcations in the City Treasury
Mr.. Sprague made al assignment Of sundry chat-
tets aud other personal property and two lots OF
about all his property. The condition on wnich he
made this assignment was that his bondsInen
sHua 1aa give his s0g sns city or the
then the securities which he had assigned should
be sold before the 1st OF January, 1874, and the
bondsmen only be held for the difference between
the prices realized at the sale and the amount
due. The papers were drawn, the assignment
made, and the b0ndsmen made their note with the
above agreement. IL was now nearly the lst of
March. and the securities were not sold, but in
stead this action was started by Sprague to set
aside and repudiate his own agreement. pre-
liminary injunction had been granted against the
city to prevent 1t from selling the securities, so
that not only was the city stayed IRON realizing
on either tue securities or the note but the bOndS
men were held for the whole amount without
being able TO get the deduction agreed upon in the
note. As matter OF justice to the bondsmen, to
the city, and to Mr.. Sprague himself it was OF tle
highest Importance to have the case brought to
trial at once. He would, Therefore, agree TO the
most liberia! kind OF u commission, anu would 20
up to Mr.. Sprague's residence with 1t nlmselL
Mr.. More said that the assignment made by
Sprague was to cover an alleged deficiency in the
esty OF Mr.. Sprague's deputy who was connected
with the Brooklyn Trust Company. Alter exc.
cutting the assignment Mr. Sprague found that he
was not deiaulter for single cent; IL was all in
the Brooklyn Trust Company. All the bondsmcn
Therefore, mad been implcaded IN the action, but
not one had been notified to appear except
Mr. Muiiord. Mr. Sprague was confined to his bed
and 1t was necessary to have his actual presence
here to prepare for this trial.
The Court directed that an order be entered per-
mltting the examination Of Mr.. Sprague, at his
house, on i've days. notice, unless it should appear
by the AFFIDAVIT OF ply slclan that the CARRYING out
OF TINS order would endanger Mr.. Sprague's lie.
Mr.. More would not accept this oroer. Every
thing had been taken out OF his clients hands and
no deterioration In vaIue Was claimed. He in.
sisted upon the personal attendance OF Mr.
cree but Mr.. De Witt would not consent.
The Court said that Mr.. DE Witt could either
take an order for commission or an order for the
dismissal of the complaint.
Mr.. More declined 10 take Mr.. SpraQue's testi.
mony by commission.