American watchman and Delaware advertiser. [volume] (Wilmington, Del.) 1822-1828, 1822-05-31

ed without paying the money. The plaintiff on this
/ single testimony rested his case.
Mr. Rose for the defendant, briefly opened the
defence 10 the Jury That the defendant had re-
ceiyed the property on sale from the plaintiff as sta.
led by Mr.. Kerr the Witness and that his instruc-
lions were to sell for cash, he should not deny
That he had sold the property to Walsh, as stated
by the Witness he should also comedies and further
that he had not insisted upon and received tie mo
ney before he delivered The goods 10 Watsh. Still,
however, he should contend that he had fully com
Piled with the undertaking he had entered into with
the plaintiff. The undertaking was 10 sell for cash,
and the meaning of that term in the mercantile
world, as he should prove by abundant witnesses,
was no more nor less than this-that the purchaser,
if he be man of acknowledged credit receives the
goods from the seller Immediately on the purchase
and then in two three days. ior as soon after the
sale in part the vender chooses he is bound to
call and pay him he having his bill rendered him, at
the time of delivery.
Alexander Cornell, clerk Of the defendant, was
first called and sworn. He said he entered the sale
on the books of the defendant for cash. and gave
an order on Lowrie the Inspector for the quantity
sold That he called on Walsh soon after the de-
yery--that is, in TWO three days, for the money,
lust as he was accustomed to call upon other cash
purchasers. That Walsh lived three miles out OF
town-was not at home when he called and witness
did not get the money! and presently after heard that
he had failed.
John Wilson sworn.-Testifed that the usual
course of business cash sales was TO deliver the
goods before the payment OF the price, that is where
the standing of the purchaser was fair as to solv-
ency; where doubtful, goods usually withheld till
payment actually received Agents and principals,
he further said, pursued the same course: witness
himself sells goods on commission and it he was
instructed to sell for cash, would deliver the goods
first, if the purchaser wss man in good credit.
Abraham Lyons next called-Testifed that in
the usual course of trade, the delivery OF the goods
precedes payment, where the sale is for cash.
Mr.. Carter sworn.-H known Mr.. Walsh in
1919 and the early part OF 1920, and sold him goods
His credit was then good Never heard any thing
fro respecting his solvency, till he heard that
he had tailed Walsh, about the time of his failure
owed him 90, which he had difficulty to get.
The counsel for the respective parties contested
the with great Ingenuity and persevering zeal
There being besides no case on record In which
the point had been settled, enhanced the difficulties
OF the case.
Justice Swanton very briefly charged the jury on
the facts of the case remarking to them in sub
stance that they could be very much guided liz their
verdict by what they should consider the fair accept
alton in the mercantile community, of the term sale
for cash and if in that view they should be OF opln
ion that the defendant had acted in erfect good faith,
it would be their duty to find verdict in his favor
Still, however, although they might be Of opinion
that according the fair and proper accepation oil
the term sale for cash, he had right to part with
the goods before the money was counted down be-
fore him, yet if they should believe the defendants
conduct had not been fair and honorable or anywise
tainted with fraud and collision, they would return
a verdict against him.
The jury retired, and after pretty long consult
ation came into the court with verdict for the de-
tendant.--.9m.