The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-02-12
THE EMPRESS EUeENIEs LAoEs.
Miss Lenry wins the Lawsuit that Grow out
of Her Refusal TO Buy Them.


Miss Annie Leary sister Of Mr.. Arthur
Leary. the shipping merchant. was sued by j.
Warren Lawton TO recover 81 1850 being part Of
the purchase price Of portion Of the Empress
Eugene laccs. which he claimed to have sold
her. and for $3.50 expenses incurred in the re-
sale Of the laccs ON her account
The case was tried yesterday in Part II. OF the
Supreme Court. Circuit. before Judge Law
renee. The testimony on the part OF the plain
tin was that no was attorney for the owner OF
these laces after they were seized by the Gus
tom House authorities when first brought to
this country The legal proceedings for their
connscation having finally ended In favor OF the
owner. Mr.. Lawton was empowered 10 sell the
laces. lie employed Col. +. Townsend to at
tempt TO dispose Of them to some OF the wealthy
residents OF Fifth avenue.
Col. Townsend testified that he obtained n letter
Of introduction from Mrs. Con. Fremont to Mrs
Elizabeth J. .Meagher. widow OF the late Gen. Thos
Francis MeaRher. and effected the sale to Miss
Leary through Mrs. Meagher. OF a lace dress
and shawl for So 900. Mrs. Meagher told him
she was authorized by lady to make a stand
ing offer OF that sum for the articles. and on his
subsequent acceptance OF the offer. named Miss
Leary as the lady she referred to. Miss Leary
ratified the purchase. but when the laces were
sent her, told the messenger that the project In
connection with which she had desired them
had fallen through, and directed that they be
sold on her account The lnces were then pur-
chased by A. T. Stewart X Co. for $3.50. and
Miss Leary was called upon to pay the difference
between this sum and Is 900. II appeared that
NJ the time Col. Townsend was attempting to
dispose OF the laces through Mrs; Meagher, Mr..
lawton had sought to sell them directly TO Miss
Leary for $4,000. not knowing she was the lady
referred to by Mrs. Meagher. and had offered
them 70 many other ladies OF wealth and social
prominence.
Miss Leary testified that she had been a good
deal ANNOYED by calls from Col. Townsend In
his efforts to negotiate sale OF the laces. and
had finally refused 10 see him. She had never
authorized Mrs, Meagher to make the pur-
chase on her behalf When the messenger
brought the laces. with note from Col Town
send she met him ut the door being about to
enter her carriage, which was awaiting her,
want thcm. She never received the laces. or di-
recsted that they be sold on her account.
called on her in January. 1877, and exhib ibited
the laces. She had n conversation with him as
70 sale to other persons. and she tried to in
duce Miss Leary TO buy them herself when they
were offered Mt reasonable price. Miss Leary
meyer. authorized her to buy the laces on her
behalf. aud she never informed Col, Townsend
she WAS authorized to buy them for Miss Leary.
Col Townsend called very often 10 offer the
lgces. but he, mover delivered them to her. and
she never told him, rs he had sworn, TO inform
Miss Leary that she had purchased the laces.
She never told him she had standing offer Of
Arthur Leary testified as to an interview be-
tween his sister and Mr.. Lawton after the al
legged sale, in which Lawton acknowledged she
had given him no authority to sell the laces.
Mr.. LiObey. of the firm Of A. 7. Stewart i Co..
testified rs TO the sale to them OF the laces.
Mr.. J. W. OBrien. the banker. testified in cor
robOration OF Mr.. and Miss Leary as to por-
ton Of their testimonA IL appeared that unsuc-
ccssful attempts had been MADE by Mr.. Lawton
70 enlist some ot the more prominent ladies in
fashionable society in project for the purchase
of the laces by subscription for presentation to
the Metropolitan Museum OF Art or 10 be rafiied
for az the Cathedral Fair.
Judge Lawrence charged the Jury that under
the provision OF the Statute Of Frauds. even II
the plaintiffs story was true as to the agreement
to purchase. the contract was void no memo
rnndum in writing having been made between
the parties and no money paid on account. un-
less Miss Leary received and accep epted the laces.
The case. therefore. turned upon whether there
was a transfer OF the Iaces to Miss LeAry on
Jan. p. 1877. when New. the messenger OF Col.
Townsend. met her at the door Of her resi-
dence Hs she was entering her carriage. and
an acceptance by her. and that she then.
H. New testified directed that they be taken
back IN order that Lawton might get the best
price for them he could on her account she say
ing something about her scheme having fallen
through. and she must incur "a loss. Miss Leary
had cOntradlcted this testimony most fatty, and
II was for the jury TO say whether twas true.
The jury. after having been out about ten
minutes. gave verdict for the defendant