The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-17
MR. PECK or E.fsT HlDDdM
What Witnessc. say they Were Told by the
Int nmNId y. ElN Ahant vi. snIxcncx.

What Wltncssc. Say They Were Told by the
Lite David y. Ely About hts soivcncy.
Tho suit of Mcssrs. John whittemorc n
Bro. TO recover the value Of two mules sold to
Roswell G. Peck Of Fast IIaddam Conn on tho
representation Of the late Mr.. David J. Ely Il
this city that Peck was solvent was continued
Yesterday brfore Judge DAILY Tho amount
claimed WAS $3.50. Tho verdict brought in by
the Jury was: " We find for tho complainant
$3.50 and interest" This form u verdict was
objected to by counsel for the Ely estate. but
the objection WAS not sustained by tho Court
A stay OF thirty days was granted.
The giSt Of tho allegations upon which tho
compliments in this ease as well as those in
several other pending suits. rely for the cstab-
lishmcnt Of their lain Of wilfut misrcprcscnta-
ton 10y David J. Ely. was clearly set forth in tho
testimony OF Mr.. II. II. Thompson on Tuesday
lie said:
A party came to nc wishing 10 negotiate q
loan upon som, tonds aud gave as the refer
cnce for the >a'ut OF the bonds, ih"ir security
aud ING sov"nN Of the purity making the mort
"sS % n raS wa3 TaT H@,nrI M 'nS
ny "a MERCHANT u high standing. and was in
clincd TO- believe him. ! went to his OH 20. found
him at his desk. aud said to him: Mr. Ely
there has been IN Application mad to mo for
loan ol thirty-ive cents on the dollar ON some
bonds, secured hy mortgage of some real estate.
You are referred 10 AZ trustee. ana have called
tu know the value OF the bOulls and OF the prop
"itE' anu the s9Nrn'y "i MT Roswell {; frck,
nnu "'So II W. ,'t'l7 ar t.huihr' re Ipvkrd
Yes. thnts all right asked him about the
N"u' ~ sudt ih'y are worth par II your
II 1t is worth morr than that. they would
10. worth l,s.. because the interest ~ only
sven per 'ehI regard thvm us worth par.
m"uo an on 4, III CONJUNCTION win another
ldtRi " snort tluo Hll,'' ol clEhty coats ON
tho dollar for the whole issue. and WAS
Indignantly refused. The property consists If
1ctwren ii,o and sX hundred acres Of very
.Nul'r '"N"' "hl WI lhe owner values NJ
~, l''t u IT, tu' Whlrh l. i'IhS, moro cuns'i.
| S.NN'. hn lo y "u thr sal" slne' estimate NJ
! so' I'G h,r'. duh pos" u forced L. sac,
u W'uNi nrlhE NOR" IMAM til,l ann UNI. IIeh,
| -NM' 'h"' N9uli m"h' t-,I,". ,9r th' ANA
! SW'! - "hd lu "'iltiNn tn .tnr i"hi. thrrr ~
| What regard u.s. INC most Naiunulr water priNi-
! itEn hiNMurfc iu TIE stat. anu nave ht'n
| twii thul 10 was sulmtlnt 4" any M NV ihsahd
s'pil'- uh thui saw hlii Hnialh. VplJ buihllti
~ large u l'Nk Nc sA't 1'Nl'l i''l, ana llN =
| or p stories hiEhl very strongly nnih. ana AL
! most now men l"tfo are u HNr,"hs mouse
| luiruNeWrn'r alone, am tNid. cost over w -
! W@ expended 10y very caelul nnd J4dici'us
| nan. th' lorWtr owner ~ thr lioperS. regard
W. Wn".r ivy, i.n any iihpr1Nnme 10
| i've ~ ti's" bonds issued, TWENTY-FIVE ~ which
! nave been rctirci ana am going 10 cancel
! nriu r"NihE "uiy s0l"'V against lh' lr"pot,
| ~ 10 Tie standing and rrsurtHhlNiy 81 Mr.
hud many transactions with hln, ana nave al
| MAYS found him STRAIGHTFORWARD and reliable.
! When made this oncr of eighty cents on the
| dollar Tor the bonds. WIS asked why made
| 81 n an offer. and answered that ! did not proc
| lus" To- ~ into any outside transaction without
| n prospect Of making something cut OF H.
| Mr. Lily. and never received "A cent back. prin-
/ cipal or interest. The amount or "a" loan.