Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1842-08-25

| Superior Coars, 1isck fsEd-AEgSst Term:
BUSHNELL %. CHURCH & ScovEE--This twas an &C.
ton Of Assumpsit to recover of the defendants on
their guarantee of a special contract made by one
William Church. The points in issue seemed to be
first, whether the plaintiff had performed his part
of the contract in such manner as entitle him to
] recover of VIM. Church-and secondly, if he had,
whether the defendants were liable on their guaran
tee. The plaintiff agreed to raise quantity of Iron
Ore from a certain bed in Salisbury, upon certain
conditions, and stipulations therein contained.
One of the stipulations was, that the plaintiff
| should raise the ore fast William wished to
take it away. Another, that if the ore should prove
worthless, for any other cause, the said William
should be unable to make sale of the same, either
party was at liberty to rescind the contract and by
another clause that if unsold for the causes afore-
said the plaintiff was to receive pay for so much as
I was sold and disposed of.
The Court were understood to charge the jury in
substance, that if the plff had dug the ore in the
manner stipulated in the contract under the direc
| ton of VIM. Church. without objection on his part
which was to Include certain kind Of ore, called
ahifshOrse, he had right to recover unless the
tract had been in way rescinded, notice had
been given to stop digging before the whole quantity
was dug and raised. In the second place, plaintiff
claimed to have proved that the ore in fact sod
and introduced sundry witnesses to prove that VIM.
Church and Leman Church had said the ore was
sold, and told plE to go and raise the
as possible. The Court charged that the declara-
tons of VIM. were evidence against the defendants
and that if by such declarations the pl had gone on
and done the work, he had right to consider it for
his purposes as sold.
Considerable testimony was adduced as to the fact
of sale, and it appeared that about $50 tons were
tually sold and carted away to the Ancram Compa-
ny-and that the whole COO were sold, but was be
of certain quality. II the jury believed there had
been a sale from the facts appearing-or as before
stated ifthe plf. had been led to believe from the
acts and conduct of VIM. Church that there had
been such sale then the pl could recover against
VIM Church. If VIM. Church was liable, so were
the defendants. The defendants claimed that they
entitled to notice of the acceptance ofthe guar
antec by plff., and that demand Of VIM. Church,
and notice to the defendants of Williams refusal to
pay, was necessary.
The plf. claimed to have proved both; and il not,
it was unnecessary, as WIN. Church had, long before
the time of payment specified in the contract, be-
bankrupt, and had mortgaged property to these
defendants them by of their liability
on this identical contract and the Court charged if
such were the case, no notice of acceptance was
cessary to be proved, nor demand and notice as
above stated
The cause occupied the Court from Tuesday Of
ternoon till Thursday evening, and was ably con-
tested. Counsel for plaintiff, j. II. Hubbard Of Sails
bury and Bushnell of New-York. For defendants,
Seymour, Ellsworth, and l.. Church.
Verdict for Plaintiff; Sll9e,62.
CICERO COLLINS rs. WALKER PRENrlss.-Action Of
,respass for entering aud travelling upon the land Of
the plaintiff.
The defendant justified under the plea that the
land in question. which had formerly been sold to
him by the plaintiff, was 50 situated in relation the
plaintiffs other land that to enjoy its possession i,
was necessary for the defendant to enter upon and
travel over the lands of the plain.n order enjoy
his own.
lie was also unde rs.ood to claim RICH. Of way
over the premises in question by prescription. and
that the former proprietor Of the land. in posses
sion OF the defendant. had always used and enjoyed
the same right Of way over the present plaintiff
land.
Verc, for The plaintiff to nominal damages
Counse! for plaintiff. Ellsworth, Seymour, and
Brews,er-for defendant, Church and Baldwin.
GOVERNOR DoRR.-Ths great parsonage has made
his appearance once more above ground, surround
ed as usual with pomp aud circumstance. The fol-
lowing paragraph is from the Vermont Phoenix of
August 18th printed at marlborough:
Gov DoRR-This disiinguished individual is now
and has been for the week past. residing in West
moreland, N. H., some twelve miles from this place
accompanied by two or three OF his Rhode Island
adherents, and protected by little band OF New
Hampshire sympathsers. i IS not surprising that
after the publication of the famous Dorr resolutions
emanating from the Loco Representatives in the NJ
II. Legislature, approving his course, this hero
should have chosen that State the place OF his re-
treat, and that particular section Of it where Gov
Hubbard resides. We have not learned whether he
wears that sword when he is seen abroad but we
do hear that he makes great display OF pistols.
Iennsyluania-The Sheriff Of Allegheny county
has received letter from the Secretary Of State, in
forming him that the Governor will not sign the Ap
portionment Bill lately passed by the Legislature.
and that therefore it will be unnecessary this year
insert in his election proclamation, call for the peo-
pie to elect members of CONGREGATIONAL.
Political Conventions. Conventions Of both
political parties are be held in Boston, in Septem
Der next The Democratic Convention will meet ut
Faneu Hall on the first Wednesday, and the Wings
on the 18th that MONTHLY. II. Herald
Miller, the judgment day prophet. has succeeded
in driving some people literally mad, and one re-
spectacle farmer has been sent to the lunatc asy.
lum wholly possessed with the notion that the world
is coming rapidly TO an end.
THE TREATY RATIFIED.