The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-07-25
THE COURT.
Lumber that Was Furnishethe
Department of Docks.
END OF A LONG SIT.
Legal Complications from B&eep-
er's Forged Checks.

In the summer OF 1878 James Bgler l. tmade
contract for furnishing The Department Cooks all
the lumber that might be required durinaear tor
building piers in this city. Inc specifcas upon
which the contract was founded provided hsrtain
kinds and sizes OF lumber, to be delivered h time
to time during the year in such quantisas the
Dock Department might require. Undor thiantract
Mr.. Bigler furnished several million feet o.mber
and was paid prior TO August, 1874, over 1000
leaving balance in August, 1874 at the expibn OF
the year. OF 1921, 1877 Of this amount $685. 900 vps,d
between August and November ON account bymp-
troller Green, but he refused to pay any more she
ground that the contract had not been carried BY
Mr. Baler and that the lumber did not comic 10
the specifications. Mr.. Biger thereupon comn,ed
. suit against the city 10 recover tie unpaid b1co
OF SOC, 1877, with Interest from about Augusta
The suit was defended by the city, on tho grounoat
the contract had not been fully performed hr
Bger although II had been admitted that all then.
Dor charged Tor had been actually delivered anad
been used by the Dock Department In construag
piers and bulkheads. The answer OF tho city fusr
alleged that thero was fraud In the making ohe
contract, though NO actual fraud was ever pro-.
The was first tried before Judge d.
hue, in the supreme Court, and verdict dirsd
for tho plaintiff for the full amount claimed, h
interest and COSTS. Upon this judgment was enld
aud appeal therefrom was taken by detendanto
the General Term, which reversed the judgmsnt.d
ordered q new trial. second trial WINS had bee
Judge Lawrence, In 1876, when the jury found ar.
dict for the full amount claimed, with interestd
costs. Upon this verdict second judgmen: 9
entered by the plaintiff, from which the def
ants again appealed to the General Term, d
again the General Term on appeal rsveri
the judgment and ordered new r.
kSr.t N~4al AAfAc rtu1
WAS, upon motion Of Tho Corporation Coun,
amended, and new defence set up, to tho effect u
the provisions Of the corporation ordinances had !
been complied with IN making the contract and
preparing the specifications the case was tried (,
tho third time IN June 1877, before Judge Van Bru
aud tho com plant was dismissed ou tho ground Il
no valid contract had ever been MADE between I
city ana Mr.. Biger Upon this a judgment was .
tered by the defendants Tor costs and IN appeal "
taken by the plaintiff 70 the General Torn. This a
peal WAS argued in october last, but Tor reas
or other the judges sitting Ut General Torn cou
not come 10 determination in the matte
and no decision having been rendered, In APP
last, at the suggestion Of all parties
terssted in the sui. stipulation "
entered into between the attorneys FOR both partie
whereby II WAS agreed by the ptaintiH TO withdra
the appeal and TO leave the whole matter to JUDI
Van Brunt to determine what was the of Il
lumber actually delivered by Mr.; B,gler and INCLUDE
In the balance Of $l2l, l27 which renamed unpaid
tho expiration Of The year, during which the contra
was In force, or At the option OF tue Corpsrati.
Counsel. Judge Van Brunt was to ascertain Il
market value OF the lumber so delivered, asd for Il
amount found by him, alter deducting the S55, o,
PAID on account by Comptroller Green, plaintiff ",
to enter Judgment without costs or disbursement
and with interest ~ onoquarter OF seven per p'
annum. Judge Van Brunt yesterday 20,
hts decision In the case. Ho finds that Il
market value OF the lumber In SUIT was
tho time OF delivery, $1010 6S ~, or over $50 OF
less than the amount claimed by Mr.. Bigger. Ate
deducting from this she $4,000 which had bee
paid account thero ID Lott balance OF SAC 06s q
which, with quarter OF she interest added
ing TO stipulation, amounts 10 about $40, 200 Il
which amount the plaintiff Is now authorized TO ent,
judgment. Mr. Bigler's original claim, as alread
stated, was, with interest," about $s4, 500. and II WI
thos pe seen mat ny an'o nrrangemsnt the CITY D.
cation IL thus ended, and though Judge Van Brun
by his ruling At Circuit decided that there
q valid contract he now decides that eQuitabiy N
Biglsr entitled to be paid for tho lumOer actual
delivered by him TO tho Dock Department, ana wnie
used IN the construction OF tho various whasvs
and piers in the city.