New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-11-12
COURT OF COMMON PLEAs-TKgaL TKxs-Nov.
Ref,rs Judg- HILToN

Before Judgr HILTON,
A PORK cAsr--THE HoG rRApE.
Nl-s ss.- Hopfcrk.
THIS salt was brought recover The valus Of Num-
bsv of hos sold by the plaintiff to she Defendant In
February sss the plaintiff who asr hog merchants,
cesye ons huNdred and eighty hogs frors Ohio,
md sold then 20 the agent Of the defeSdanis one Dor
r,aA. The kogs were immediately slaughtered, and
part nj them were thea discovered 10 be sot hogs,
" tict had been fed with beech nnts in tt1s woods, IN
ste,d of beixg hard or cornfed hogs. The defendants
Offered to turn the s'yIae which the plaafs re-
fused and they sold oy the defendUrost con
sidessblc sacrifice The cfse has been on trial since
Mon lsy last and considerable cosiictng testimony
has been adduced-
The aget of the defendants testified that the pAiniif
Miles told HIM ~ tbs time OF the sac that the hogs
were Iasrk etable ard would bHng the highest Trice
The desndaas idro inced Testimony TO show that boz
fore the hogs were killed il wasimpossible to tell The
difference between cor3-fed and becchnntfed hogs
On the other hand, Niles denied having made any
such representation to the defendant and the other
witness testified that they either tod Dornan or that
he heard them saw that the hogs shackers, seal
lawags and mast. beeshnut-fed hogs, and that such
remarks made by others. These Witnesses tes-
tilted that the dierene between corn fed and mAs-fed
hogs could be perceived before they were killed
In the course OF the trial i appeared that the hog
trade in this city amounted tpover twenty mii'ors of
iolars annually, and that come of the Strengthening
houses killed over a thousand hogs every day.
The Judge charged the juryl that when provisions
sold for immediate use, ihe law IN Piled war
rsnty of their fitness for CONSUMPTION. When goods
were sold by sample warrant implied that they
equal to the sample. In at other sales OF goods
unless there was fraud or an express warranty, she
buyer must look out for himself.
Representations OF the quality Of goods sGe al the
time of the sale intended to effect sale and which do
effect it. wa a warranty. But mere matter of coIa-
meadaton expressions of opinion no warranty;
as i, seller said That IL just be thing for you ii
was warranty. But if the seller said is made CT
such quality OF CLOTH and sale "a thereby ELECTED,
he warrants the cloth to be OF that quality.
If warranty broken and the seller keeps the
A. Ill L. rlnfN
any damage sustained by the seller in consequence OF
the b,each.
The Jury brought in verdict this morning for the
plaintiff for the full amount, 81 1863 % The Court
granted an allowance of per cent.
ID. Z. & +. T. Wheeler for plaintiff, L. W. Sandiorc
for defendant.
A sLAsDER CASA LAWYER AND A CORSET Make
AT LOGGxRHgADs.
James 81 Sheehan sgt William Conroy
The plaintiff is "A lawyer, and sues the defendant a
corset maker, for SANDER. 1t appears that in 1886
the plaintiff retained by the defendants wife in
divorce suit against the defendant the ground of
adultery. In payment for his services she gave him
checks, which he sold and retained $50 for his fees
Subsequently the divorce suit was settled Ii il al
legged that defendant called the plaintiff swindler
and pettogger, and said be had cheated him out Of
the $50.
The answer set mp Justification and that the plaintiff
had no right sell the cheeks, inasmuch they did
not belong 10 his wife, but were his own property.
Defendant also alleged tina, plaintiff called him
Plaintiff in person and Mr.. Sanxay; Chauncey SHAFT
fer and +. Byrne for defendant.
Before Judge DALI.
THE BIBLE-USIoS COMMUNICATING SUIT.
0rrin b. Judd AIT. James EdInunds.
This II an action brought by the plaintiff who is now
Clerk in the Assay Office in this city, against the
defendant who was Corresponding Secretary Of the
Revision Association of Kentucky, for publishing an
alleged libel on the plaintiffs character, in book
called /" Discussion Revision of the Holy Oracles,
in which DIR. Judd WAS charged with utterng state
ments against the Bible Union. and that he had been
guilty OF false pretenses in making such charges by
using the name of DIR. McClsy.
Tie defendant get up Justification and ayerred that
in July 1856, a document, called " The McClay Doeu-
ment was published in New-York, in the name OF A.
McClay containing many false statements and charges
against the Bible Union. Defendant then and now
believes that such statements published with the
design of injuring the Bible Union Case still on.
Darlington & Hoffman and John Graham for plain
til; James w. Gerard, A. b. Caswel and James w.
Before Judge BRADT
VERDICT AGAINST THE CONSOLIDATED STAGE COMPANY.
Action 70 recover damages for personal injuries.
The ease was reported yesterday The Jury found
for the plaintiff for 800.
SPECIAL TKRs.-Before Judge BRADY.
DECISIONS.
Colby agt. Hawley.-Moton granted.
In re- the application Of Samuel II. LOyett-Motlon
denied.
Butter agt. Hurd.-Decree settled.