The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-18
INTERESTING TO BROKERS.


The General Term OF the Court OF Common Pleas has
just decided on the appeal OF William c. Wemore and
Others from the judgment obtained against them in
March, 1916, by Alien L. MordccaL The Court sus-
tains the Judgment. II that Mr. Mordecai who
is prominent real broker IN Pine street, ar.
ranged exchange OF city property between tho
Messrs Wctmore and Mr. Il. II. Cudhpp who are both
well known lawyers the valuation OF the properties
ed De about 500 900. Mr. Cudpp pad his
COMMISSION; the others declined to pay the ground
that Mr. MOrdcca did not act rs Their broker ON the
trial of The cause before Judge Robinson the only wit
Tor the plaintiff himself aud hs Office boy
the Witnesses or the defence we're the three defend
ants, an attorney IN their Office VINO said nc hoard tho
conversation at the time the contract executed
and remembered one OF The defendants saying to the
broker, You must not expect any commits
SION from u.s." ard Mr. Cudlipr Alter an
hours absence the jury found verdict
Tor the full amount oil Mr.. Mordecai's claim Tho de-
iendants moved Tor ncw tria on the ground that tho
verdict Was against the weight OF the evidence The
motion denied, and on appeal 10 the General Term,
nitcr Two arguments. the appeal was dismissed aad
tho judgment affirm There was q Hat contradc-
tion OF the plaintiff by the defendants, and the pre-
Ionderancc OF testimony appeared 10 be with tho lat
Ter but as Cnief Justice Day ned IL was Il question
Tor the Jury to decide as 10 winch side be be-
heved aud the opinion OF The twelve Jurors, based
upon hearing the evidence and seeing the witnesses is
not to be guided by merely reading the report OF the
TRIAL MIR Adolph L. Sanger represented the
iui broker; Messrs Vandcrpocl Green & Cunning
the Messrs. Wetnorc
THE BELGIAN POST OBIT CASE.
The alleged Belgian iorger, Jean Baptste Hcnri Van
dervelpen, and his wilc Julia Damas, who have been
held in Ludlow Street jail, charge OF forging
post oblt for 200, 000f, Tor the last two months,
awaiting the action OF the q certificate of
extraditon issued by United States Commissioner
Kenneth g. White, we're yesterday set at liberty from
their long confinement. United states Marshal Payne,
OF this district yesterday received communication
from the Attorney General at Washington elect
that the Secretary oil state informs HIM that the Pres
dent bnd reviewed Commissioner Wnuc's proceedings
Oh the application OF the Belgian government tor the
extraditon OF Nandcrycircn and his wtte and holds
that the parties accused not liable TO extradion
Tor the offence charged against them under Tue
provisions OF the treaty rs II has been applied IN their
rase The ground taken before Judge JOHNSTON in the
United states Circuit Court, on appeal by cx-Judge
BLipman behalf OF the accused that the treaty
is not retroactive regards the crime Of forgery,
which they were charged and on winch u was sought
10 have them cxtradicd, and that tho offence charged
csmmitted, according TO al. the evidence Ia the
case before the enactment OF The treaty, which
ony made retroactive as to charges o arson and
murder. Tho Executive sustlins Tins ground, and
hence the order the Attorney General to the Mar
shat directing that the prisoners DC discharged. Van
dervepcn aud vito received the news with every
demonstration OF pleasure, and on going forth re-
eeiyed Inc congratulations oil all The inmates OF the
Ludlow carayansnry.