New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-23
nIsr,I,prv Milk.

which lime the Court assousned'
plsriery Milk.
,-0r-rFr or CcwNDN PLEAS P-ors Jatss n,st-SD
HSRp iftFa4fiN "a eANfEL p H}WtSp
THIS ss an scton 10 which have sres1y yetzfretl .
recover nom ne proprietor a III irving aoase ~
Ion siilk furnished from tie ,ta Sepe noeE q %, ",
iober The defense is tia. the contract wss fof as
Country MIX wheress Dtsdliefy NIX was 'er'ed'
ltappeayed from the testimony Of d. Gardner
that tie cows kept at the distillery stables get
worn out in a year, AMI that, although some last
longer than that, it is NOT common. Il was also
stated by another witness that the COWS are gene
rally changed every Spring. When they cease
to give milk, or become too lame to stand or are
disabled, they are sold for beef
A witness who Is a dealer in milk in the City
we think he said corner Canal and Washington
SITS stated that not hall the quantity of butteresn
be obtained from the milk OF cows kept at tue dis
tuery stables as from pure country milk. aud that
the butter is not worth so much TO judges, by or
cents 2 pound, as butter from country milk. He
also spoke of the rule OF watering milk and afford
ed considerable amusement by the details. For
himself, he puts in plenty Of water, even in the
dissiilery milk, for those who want cheap milk, his
rule being 10 put one quart of water to three OF
milk-and then his customers have better milk
than is usually got by others around them. To
customers who are willing to pay fair price, say
5 or cents quart be viii supply pure country
milk Does Dot put any -four or chalk, or any
thing OF that kind, in his milk-only water and
little salt.
A brother of plaintiff, and another witness, who
testified also on Friday, were called to snow that
dstillery fed milk was not unhealthy &c. They
considered the pure milk 70 mean milk as It came
from the UTthOut authorization by water, anu
without reference to its being dtstlllery led or
country fed.
1t was shown by the confectioner at the Irving
House that the pastry was frequently spoiled III
consequence OF the bad quality ol the milk 1t
would tnyn sour sometimes in boiling, lie was
blamed and the steward OF the house would not
believe it was owing to the milk sometimes had
to send out and get other milk; used sugar and
eggs with it so as to make it better it would nos
make ice creams the milk supplied by the pre-
sent man good, and there is no difficulty with 1t.
and the milk supplied before plaintiff commenced
also was good,
IL was stated by another contectioner that he
made an experiment with pure country milk and
distilery milk, for pastry. one quart OF pure
milk with two quarts OF water added was better
than three quarts of distllery milk
1t was shewn that plaintiff supplied good milk
for the three first months, to Ian lSf9 alter which
complaints were made, and when spoken TO he
accounted for it by saying he had had to Guy 1t
that day, &c.
The Court in it's charge, said the questions for
the Jury to decide were, lst, if there had been
specific contract to furnish country milk ID II So
what was the value of the milk served aud II
of less value than agreed tor, hoW much more
than value Mr. Howard paid previous to the date
| of the present charge, as Mr. II. would DC ehu-
| tied to damages to that amount. 1t mas oeeh
shewn that plaintiff supplied to the Irving House
from Ian to oath Sept la49, 1910 quarts OF milk,
and was paid therefor Sl,542-that the max iur'
pished BY the persons previous to and since aerV'
| ed by him was pure country milk, aud tnet ne
received the same price that they did II, there,
fore the contract was for pure country mix ana m'
plaintiff instead OF that, furnished dstillery miih'
and the Jury believe the latter was OF less value
| than the former plaintiff is liable to make good
10 Mr. II. the amount SO overpaid. II there was
contract, however, tor country milk, the PLAIN
tiff is entitled TO recover.
Tie Court then referred to the testimony, on
the one hand that the contract was AZ oontended
for by defense Mr.. Howard saying to plaintiff, he
wanted no swi milk, but must have country milk,
fed on pasture grass in Summer, and hay meal,
&c in Winter and on agreement that it shoad
be done-with statement of q sister Of plaintiff
| on the other who stated that she was at the IrV
ing House on one occasion after the supplying
Of the milk and Mrs Howard spoke as ii she
knew that the cows OF plaintiff were kept at tae
dstillery stables the testimony oil lady named
| Houehton however, was brought up to show that
| y l. u
one day to plaintitl she hoped he did not bring
them swi milk, for if he did Mr. H. would mme-
diately discharge him The Court referred to
other testimony, all OF which was matter for the
| consideration Of the Jury.
The Court also alluded to the testimony OF the
| medical gentlemen to dlstllery milk being I'M
| healthy and to the statement OF Dr. Gardiner, that
! the cows never leave their stables alter they are
out in until they are carried out also to the state
! nlents of other gentlemen as to the appearance
! end condition Of the cows. 1t is a matter highly
! important to public health, and deserves the Sc
rous consideration of the authorities The sys-
TEN OF thus supplying milk would seem to be ono
of great fraud, and Mr.. Howard deserves the
thanks Of the community for having ex-
posed it. The injury to an extensive
establishment such as his by the supplying Of
deleterious article cannot probably, be fully est.
mated. In the present case however, it is mere
matter of figures whetherth article supplied was
worth what had been agreed for or motif not,
Mr. II is entitled to be paid back the over value
be has paid-the amount claimed in this ease,
which ia for milk from 18th September to 18th DC
tober to be allowed its value, and deducted, should
| Mr. II be entitled to damages, from what the Ju-
~ may think proper to allow him If there was
no agreement, the verdict must be Tor plaintiff to
| full amount.
Mr. Burrill, on behalf of Mr.. Howard said Mr
II. did not wish for damages in his favor.
The Jury, after beiDgout a few minutes, return
cd a verdict in favor Of defendant Mr.. H being
unanimous, we understand, on the first vote.
|
nDnnUT VIM JTEMG