The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-11
TIE COURTS.
Refusal to Dismiss Complaint in the
Black Friday Suit.
RIGHTS OF MORTGAGE ASSIGNEES.
How Aldermen Formerly
Made Money.
MYSTERIOUS VOTES EXPLAINED.

The trial OF tho suit OF Do Witt G. Taylor against Jay
Gould and Others popularity known the Black Friday
suit was resumed yesterday before Judge Barrett Of
the Supreme Court There tho usual large crowd,
but the proceedings interesting a. at some
Of tho previous sessions Of the Court
immediately upon the opening Of thclCourt Judge
Barrett rendered decision upon tho motion made on
Friday last to dismiss tho complaint As 10 the nrst
objection a. 10 the Of the authority given by
Fisk to speycrs buy gold. Spcyers testified that no
thought Fisk was trying shit the responsibility on 10
bis shoulders and Judge Barrett holds that the
hon was not direct and decisive. as It ought
10 be where tho rights Of third parties are
involved, and that tho point must 20 TO
the jury. Regarding tho second objection.
to whether there any contract, there having
been memorandum signed or existing between tho
parties prior to communication and no mutually Of
obligation, Judge Barrett held that 1t was not ncces-
sary to have mutually OF obligation IL was sum-
cient contract at common law VI the memorandum was
executed at any time prior to communication and In
decd the memorandum OF contract was merely evil
dcnce OF contract and not the contract ITSELF The OBJ
lection was therefore untenabo Tho question 10 be
considered whether Speyers had exceeded his au
tnority as agent He held this point that he would
admit all the evidence which the plaintiff could offer to
show whether this were true or not; that thus lar
act according 70 he usual CUSTOM Of shs Gold Ex
change In buying the gold Judge Barrett thought that
tho circumstances determined the agency ne refused
to dismiss tho complaint
Dc Witt G. Taylor again occupied tho chair, and was
asked about this memorandum
Mr. Beach objected, and cited authority to show that
IL admissible unless evidence was gwen 10
show that Mr.. Speycrs signed the memorandum him.
SELF
Mr. shcarman commended that plaintiff could not dele
gate his clerk authority TO sign tho manuscript
Judge Barrett-Thcrc was nothing TO think about in
the matter, except that man of honor he was
bound to sign the document, which was legal evidence
OF the verbal contract he had made. (Laughter.)
Mr. Taylor allowed to testify, undcr exception
by defence, the contents OF tho memorandum OF
purchase delivered to him by Speycrs ''young man"
Henry between thrce and half.past three p. NJ. on
Black Friday and which document 10 lost II ran sub
Btantialy Thought $500 900 gold from d. W. NJ G.
Taylor 100 regular and then followed "For James
Fisk, Jr certainly. and witness believes, also, land
associates" and signed "Abert Speyers."
Horsham 7. H. Brouers testified that he now resides
In Georgia. but In 1859 In the Office OF Heath 4
Co., Broad street, and his desk In the inner o1cc
Just inside that was the still private Office; on
the morning Of Black Friday he saw Mr.. Allen, gold
broker. IN the private Office where Fisk and Gould
during tho forenoon; as Allen came out no
asked Charley Quincy whether 1t all right; the
door OF the private ONCE open Quincy was 60
ing In as Allen coming OUT Fisk was inside, but
witness could not See him at the time.
Several witnesses Called but none answering
to hts name the Court adjourned until the usual hour
h{e