New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-10-30
SUING FOR A FORFEIT OF $4,000.
A TRIAL THAT rs INTERESTING SHEEP AND LAMB
nnoKEpS Avn BUTCHERS.

BROKERS AND BUTCHERS.
There is suit now on trial before Judge Bookstaver
in the Court OF Common Pleas which Is OF decded IN
terest to all butchers who handle sheep and 10 inc
large number OF men In this city who sell sheep on
commission who are known as sheeporokers. Inc
title OF the suit Is sylvanus JUDD, treasurer Vi 'o
New York and New-Jersey sheep and Lamb Brokers
Association. against Dennis Harrington The suit Is
70 recover $4,000 for breach Of contract Ninety
seven witnesses In all have been summoned ana the
cass has been trial since last Friday me result
will determine the legality OF the sheep ara Lhin
brokers' Association. 1t seems that In 1857 inc
business of the sheep brokers was so demorased by
underhargcs and competition that the brokers agreed
to form q pool to secure stable commission Price
This pool was known as the New-York and New
Jersey sheep and Lamb Brokers' Association ana every
broker who entered IL signed the agreement which
Mr.. Harrington seeks to provo was illegal.
Its chief provisions that the uniform commls
sion of IS cents head should be charged by all us
members which should be turned over to the poops
trrasur,r MI Judd An arrangement was also mode
with the butchers that the latter should form an as
sociaon to cooperate with the brokers' pool brokers
were often heavy losers by the failure OF butchers 70
pay for sheep delivered to them and these losses were
one OF the chief reasons Of the decentralization OF the
business So under an agreement with the brokers the
butchers formed the New York Live Stock Association
Tho stipulation was that the Brokers' Associa
ton should pay the 1.-Two Stock Association
cents head all sheep sold, and In return for
this payment the Live Stock Association guaranteed
tire members Of the Brokers' Association against loss
By the failure Of any butcher. To make the combina
ton more solid the Brokers' Association agreed TO
"a cents head to tho Butchers Association just the
same on all sheep sold by any Of the members OF the
Brokers' Association to butchers outside Of the Live
Stock Association, and the latter association agreed
to pay head to the Brokers' Association for
all sheep bought by Of the members Of the butchers
organization from any but members of the Brokers'
Association. The mutual contract Of the brokers slip
ulated that any member Withdrawing before the ex-
praton Of five years should forfeit $4,000 to their
! association. The money paid into this common fund
was after the butchers per centage had been with
drawn divided up among the brokers In ratio based
upon the business each one did at the time Of the
forming Of the pool.
The agreement worked well for the first five years
and butchers and brokers alike were happy. 1t was
removed for three years 1887 but during this latter
period murmurs began to arise. Mr.. harrington one
of tho members of the Brokers Association protested
that ex- Congressman Pdcock, also member. was
selling sheep and lambs To his butchers in the
market and not paying the stipulated sum Of Is cents
a head into the common fund: Things went from lad
TO worse, and In Jaly, loco, Harrington withdrew
In January, 1870. the second period of the agreement
elapsed and 1t was not renewed But 10 settling up
tho affairs Of the Brokers' Association 1t was found
he had failed to pay into the treasury. Mr. Pldcock
expressed willingness, however, to pay this II the
$4,000 forfeit wa; collected from Mr. Harrington as
promptly sued and the case being placed before
the Iry Harrngtons defence is that the two assoca
tions were q restraint on tile freedom Of trade and
unlawful The suit Is a test one there several
other men who broke the agreement a. well as Mr..
Harrington.
| SUING THE RECEIVER OF TWO BREwERIES.
John Peter Grant, a resident OF Michigan, brought