The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-07-30
MEMENTo OF BLACK FRIDAY.


On the 25th or September, 156s-slnce popularity
known in financial circles as "Black Frlday''-
Samuel j. Harrison claims TO have arranged with
Jay Gould, James Fisk, Jr., and others to pur-
chase gold on their account to the extent OF
81 100000, and that he did 80, but that in conse-
quence Of the parties named not fulfilling their
part OF the contract he sustained damages 10 the
amount OF s567, 600. suit was brought in the SUI
preme Court for the latter sum by Robert II.
Thompson, assignee, and demurrer was inter-
posed, which was argued before Judge DonoAue
at Special Term. decision was gwen In the case
yesterday sustaining the demurrer aud directing
Judgment for the defendants, but with leave to
The plaintiff 20 amend on payment OF costs me
principal grounds are That the averment Is not
enough; that the mere refusal TO lake me gold
could not Damage plslntln, and thst IL does not
appear the assignor has not been paid THe fol-
lowing 1s the opinion III fuil -
The complaint IN this case Is for damages for
nOn-perlormance or eoid contract. The defend
ants demur. TRe most important ground OF
demurrer is that no sufficient allegation OF
damage Is set out IN the complaint TO give the
defendants notice OF wnat they are 70 try. AS
suming shat the complaint Is correct IN all other
particulars and allegations it amounts TO this:--
The plaintiff SAYS ''You tine deiendant on GER
tain day bought certain gold oil me whicn have
been and am now ready to deliver aud you viii
not pay for It. and ! am damaged TO the amount
OF so much by that REFUSAL without, matter OF
fact. showing how that or any dama2e a. ises. 1t
seems TO me, on the authority Of Gould vs.. Alien,
/ Weed. 49,, ana Rider W. Pont - Bail 447 the
averment Is not enough. Had this acu u been Tor
OF the contract, tenuer ana refusal would
have sustained an action for that price but
the action II not for that prise and IL for dam
ages In the defendants falling 20 keep their con-
tract; and 10 does not appear either oy express
can legally draw that the plsintin mas sas
tanned damage. Mere conclusive assertion Ol dam
ages Is not enough. In IegaId to the ayerment
supposed 70 set out the refusal OF defendants, on
wnicn the action - founded, ! think the COM
plant equally de ecttye. The mere refusal 70 taKe
the gold could not damage tue plalnun or HARM
son II was only a refusal 70 pay On II mat could
work mat result, and mat refusal Is alleged to Oe
refusal 20 pay tue paintln. IL does MT appear
that the assignor, Harrison mas not been paid
How HARRISON could be damaged by refusal 10
pay plainuf does not appear. For these reasons
IL seems TO me the demurrer T. well taken ana
there must be Judgment for defendants with the
usual leave 10 plaintiff 10 amend On payment OF
costs.
THE ERIE RAILWAY LITIGATION
the particulars Of the suit by the Jefferson car
Company vs.. The Erie Railway Company TO COM
pei payment by the latter OF $4,000 a month for
the use OF the PLANTING cars, nave already been
published. Mr.. Jegett, subsequent to bis an
pointment as receiver Of the Erie Company, sue.
mItted petition to Judge Donohue, in Supreme
Court, for permission to settle the suit. After a
careful examination Of the law and the facts or
the case Judge Donohue yesterday rendered his
decision, directing an order permitting a settle
ment OF the suit in compliance with the pet ion
on certain specified conditions. In the Grst place,
tic Erie Company Is TO pay 70 the Car Company
S30O 900 In twelve monthly lnstalments the COS ts
OF the suit and TO surrender all Tue stock oil the
car Company now In lts possession. BY the TAR
Their stipulation In the order the receiver Is
ALLOW ed TO cancel the contract between the Erie
Company ana the National stock YARD company
ON condition that the Erie Company purchase all
Inc outstanding stock OF the Stock Yard Com
many now IN the hands Of one Robinson, az tue
rate OF 900 worth Of the FIRST mortgage bonds
OF the Stock Company for 1928 shares and also
buying ,S22 shares OF the stock COmpanY held Dy
gage bonds OF that com Mans Contract ALSO 10