The New York herald., 1878-11-15
THE COURTS.
Important Decision Of Judge LarremOre
Relative to Commissions.
A QUEER STOCK TRANSACTION.
Friendly Beer Men in an Alleged
Conspiracy.

Judge Larremore yesterday rendered an important
decision touching the law Of sending and receiving
foreign commissions for the examination of wit
ncsses in the matter Of the claim of Drexe.
Harjes & Co., of Paris against John Voght
l. Co., Of this city, who failed some time ago.
The claim grew out of several drafts made upon
Drcxel. Harjes Co.. aggregating some 45OO0f., Of
which they claimed that they have only been paid
14,991-35f. dividend in certain bankruptcy pro-
ceedings France respecting portion Of the estate
of voght & Co. Tho case came before Judge Larre-
more. in the Court of Common Pleas. on motion
10 suppress commission from this country to
France for the examination Of Mr.. Harjes on the
ground Of technical and substantial to it's
execution and return. Tho commission was issued
in pursuance Of an order dated the 21stpf Febru-
ary 1878. entered stipulation which provided
that it should be returned to Mr.. sias B. Brownel
the referee in the case, at his Office in the city Of
New York. As matter of feet the commission was
directed and returned to Nathaniel Jarvis, Jr
Clerk of the Common Pleas Of the city and county
of New York. Of Silas b. Brownell. Esq.
Drexel Building Wall and Broad streets. New
York., and was opened in presence of and delivered
to the referee. There Endorsement upon the
commission that it should be returned directed by
the stipulation. but the Endorsement was not signed
by judge Of the court Judge Larremore in decid-
ing the matter that this not necessary the
order of February 81 1878. prescribed to whom the
commission should be directed. He holds that Sec
tho party procuring the order may insert in the
mission indorse upon it the necessary directions
for IT'S execution and return according to the stpu-
In this case was not addressed and re-
turned to the person named in the stipulation
and order entered thereon In this respect he thinks
the proceedings defective After citing numerous
authorities Judge Lafremore concludes follows:-
'The return not made in the mode stipulated by
the attorneys 4 . = snd the authorities above
referred to require strict compliance with the stat
ute. The safer course should be adopted by sup
I'm
ing II to an application for its amendment = q #
or re-executiun and return. Having reached this
conclusion 1t is unnecessary to consider the remain
Ing objections urged upon argument. Motion granted
With costs to abide the event.
COMPLICATED STOCK TRANSACTIONS.
Richard j. Capron and w. W. Merriam brought q
uit in the Court of Common Pleas. before Judge Lar
semore, against John r. Thompson, who i'm
pleaded with others. The plaintiffs were partners in
business bankers and stock brokers' under the firm
of Capron ~ Merriam. The defendants
were, alleged in the complaint also part
ners in the same business. The complaint
states that between the oath of November, 1873,
and the 1st Of April. 1874. tho plaintiffs bought
and sold for the defendants, at their request large
amount Of gold and stocks on an agreement entered
into between them to the effect that the defendants
should forthwith pay to the plaintiffs any and all
losses which might be sustained by the plaintiffs on
account Of such sales. BY such agreement tho sales
to be made the sole credit Of the PLANTING
the defendants at the time agreeing to pay in
terest 1t the rate Of per cent, commission
Of one-eighth Of ono per cent. on the par value
fendants and such additional commissions as should
be paid by the plaintiff TO- third persons in
farSra rns x the M ali a soei
gold which the plaintiffs had purchased for the de-
fendants had been sold BY the plaintiffs at great loss
them account of such purchases and sales, to-
gether with their interest and commissions the
of al theae to the deend
ant, who admitted that the same just
and correct. Tho plaintiffs admit that they had ut
various times received from John b. Thompson, one
of the defendants for and Tire dcfendants account,
certain railway bonds collateral security for the
payment of such indebtedness. OF these bonds they
state portion was. with the consent Of Thompson
and the other defendants, sold and the sums re-
alized on such sales applied to tho pay;
that the market value Of the remainder
Of these collateras is uncertain and greatly less than
sale of aporton of them has been already prevented
by Thompson. The case being one involving long
account it referred to Daniel p mgr8haln the
plaintiff demanding judgment for as accounting and
for such an amount as then might be found due him.
with interest The referee found in favor of the de-
fendant dismissing the complaint as against him.
There argued before Judge Larremore, in the
Court Of Common Pleas. Special Term. yesterday, at
great length ON behalf Of the defendant motion for
extra allowance. The Court took the papers,
WILLIAM G. BARRETTS TRANSACTIONS.
ii will be remembered that few years ago William
G. Barrett, thcn the senior member of the firm Of
Barrett, Redfcld e. Hill, abscondcd with large
amount Of funds committed TO him by clients. III
March. 1870, Mcssrs. William Thomas Thompson and
William M. Ramsay instructed him to procure for
them investment of $4,000 which they. had tho
Bank Of British North America. About the
time Mrs. Margaret q. Hslpne, widow of Charles
q. Halpne, asked Barrett, her legal adviser
To procllre a loan for her on her house in Forty