The Massachusetts spy. [volume] (Worcester [Mass.]) 1831-1858, 1832-08-15
From The .Neic York Mirror.
LAW CASE

I LA w CASE.
This was IN action in plea of humhur
IL appeared IN evidence that the plaintiff
( had written 10 the defendant, to inquire
he had any green cucumberS to dispose OF
I The defendant wrote in reply, that he hat
| one thousand green cucumhcrs, and III,
plaintiff might have them at the rate of OH,
dollar per hundred. The plaintiff, in con
sequence, transmitted to the defendant The
sum OF ten dollars, and made a great prep
aration, inviting all his brethren to feast o
cucumhers; but, when the goods arrived, il
was found that the cucunbcrs were ichite
The plaintiff commended that the defendant
had not fulfilled his part of the contract
and this action was brought for the recover,
OF the sum advanced.
Stokes. for the plaintiff, contended tina,
white cucunhers could not he comprehe nd.
ed under the uppellaiion OF green cucum.
bers; for it is an established principle o.
law that black is not white; ergo, white i:
not green. 90 Johns. Rep. 200.
.N'okes, for defendant. 1t is notorious that
all cncumbers are white when they are
green; as, indeed, that is the hest evidence
of their greenness. l2 D0V. 269, 6 Yts.
400, 3 nix. 7G. 1t has also been laid down
by Lord Eldon, that backherries are red
when they are green. sc Oh. Rep. ESQ.
Stokes With submission to my learned
brother, the case cited is irrelevant. The
principles of court of equity ale not APP
plicable at common law, for law is one
thing and equity another. 6 Yes. & 3. 81,
~ Yes. .jr. 30 3 Blackstone, AS. Besides,
green blackbeties can be applied to some
useful purpose for instance, 10 he boiled
up into dye s.ntls ; but put it to the court,
what use in the world can il man make of
white cucumhers2
.NokeS. He can feed his hogs with them.
3 Chilly, 507.
Stokes. The court must take into con-
sierat0n the object with which the plain
tiff sent for the cucumIers. 1t appears by
the evidence that it was to feast his breth-
rem; now, feasting his hogs would not an
swer that purpose; for no person can say
that the hogs are the plaintiffs brethren,
without calling the plaintiff hog, and that
is actioDable, and derogatory to the dignity
of the court. 4 Stark IS. 3 ak. 6. 9 Jac.
222. BLa. 446 IA Hopk. 5l2. 2 Dick. Coz
.NokeS. 1t is considered by the philoso-
Pliers that there is no such thing as color.
that it is something merely imaginary and
Of this there can be no doubt for here's
black, white, green, Ied, and blue !! let the
court shut their eyes, and they are all one.
Stokes. put it to my learned brother,
whether it would he all one to him whether
his nose were red or green?
Here the nose in question redeemed more
than ever.
.Nokes. ! appeal to the court against
personal reflections.
The plaintiffs counsel was called 10 or
der, and the court expressed II wish to see
the articles in respect TO which the contro-
versy was brought. The cucum5eIs were
accordingly produced, and, after minute in
specton and profound delberation, the
court delivered the following learned opin-
ion:
Per curiam. This is a case of great i'm
portance and some difficulty. On the one
hand it is commended that white is not green
and on the other, that all green cucumbers
are white. But it appears, that both plain
tiff and defendant have mistaken their
grounds. Upon inspecting the articles, it
is evident that they are neither white nor
green, being both. There is a case in point.
In the celebrated case of Strading uersus
Stiles, it was decided, that pied horses did
not come under the denomination of black
and Uhite horses, being neither black nor
white. but both. AS to the suggestion of
the defendants counsel to shut our ewes,
and then all colois will he alike, it merits
our severest apprehension, as calling upon
the court to decide btindiy, which is incon-
sistent with the perfection of human reason,
and our known regard TO justice. The de-
PENDANT contends that green cucumbers are
all white; then, by his own showing, these
cucnmbers ale not green, inasmuch us they
are not all white, hut spotted with green in
divers places. The defendant, therefore,
has not fulfilled his part of the contract, and
the money must he refunded. You will ac-
cordlngly find for the plaintiff.
Motion in arrest of judgment, on the
ground that the plaintiff had in the declara,
ton, enormously spelled the articles cucum-
bers instead Of coiccumberS.
This motion was resisted by the plain
tiff's counsel, on the ground that the de-
PENDANT had made use of the same errone-
Gus photography in the pleadings.
Per Cluicm. This motion is well taken.
A word Of such Importance ought to 5e
properly spelled but the defendant having
committed the same error. has no right to
the remedy he seeks. Even the suggested
correction is erroneous, and the court thinks
it due to its dignity to reprmand the par
ties for their disregard of the proper Or
biography of the word, which is corkunl-
Der.