Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-12-03
Interesting TO Importers and Retail
ers Of Brandy.

ers of Brandy.
Some questions of interest to druggists,
and other engaged in the sale of brandy, were
before the Superior Court in the case of Alex.
Levy VS.. Wm. Glenny, noticed heretofore in
our reports, but to which we recur for the
purpose of introducing the remarks of Judge
Ghoson in his charge to the jury.
He said that upon an examination by the
Liquor Inspector of Hamilton county, the
article was condemned as impure, and inju-
riOus to health, from deleterious mixtures
contained in it. On an analysis by the Pro-
fessOr of Chemistry in the Ohio Medical Col
lege, it was found to have, as its base, corn
whiskey, to which had been added Cognac
oil, capsicum and burnt sugar But these
articles were not considered as likely to add
injuriously to the effect of the whiskey 1t
was stated by the Professor to be almost
impossible TO get any pure brandy, and he
believed that manufactured brandy is impor-
ted from abroad through the Custom house
1t did not appear that the vendor in this case
who was a dealer in foreign wines and bran
dies in the city OF New York, had any knowl-
edge of the character Of the article sold, and
there was no charge of any fraud.
II was claimed in the defence that, under
the term pure brandy, as bought and sold in
this country, brandy properly manufactured
from whiskey and other articles, not in them
selves hurtfnl and iDjnrions, might properly be
included; that no one expected to buy, in this
country, French brandy, strickly pure, or
obtained from the juice of the grape raised
in France. 1t was matter Of doubt, upon
the evidence, whether, if there had been a
warranty, and il had been broken the brandy
had not become the property of the defendant,
so as to require him to keen it, and allow it's
value. In this view he would only be entitled
to a deduction Of the difference between the
price at which the brandy had been sold
SO and SO so per gallOn-and the actual
worth of the article.
1t was left to tue jury to find, as questions
of fact whether there was a warranty that
the article wss pure French brandy. Il was
said that if the term French Brandy" 10 its
original and ordinary sense was a liquor
made in France, out OF the juice of the grape,
aud such an article was required by the war
ranty, a compound of whskey, Cognao oil,
cap-icum and burnt sugar could not be proper
ly delivered, that the jury would not be iuSti-
fled in tin. ing, without clear evidence, that
dealers in any article meant thing entirely
different from the ordinary and natural i'm
port of their language.
Ii it was fair article Of CONNER, and
there had been delivery and acceptance of
the article so as 10 make it the property Of
the defendant Ohe requisites TO constitute
such delivery ard acceptance having been ex-
planned to tie Jury,) then its market value
should be deducted from the price at which it
was sold, aud only the difference allowed the
defendant as a failure 10 that extent, Of the
consideration of the note.
The Jury, as heretofore stated, found YER
diet tor the defendant
Strait & HoIlister for plaintiff; ". b. Pro.
basco for defendant.