The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-05-15
CURIOUS COFFEE oAsE-HoW THE ARTICLE GO
MANU FACTURED.

CURIOUS COFFEE OtAsE-How THE ARTICLE 60
MANUFACTURED.
n superior Court OF New Nork-Geuernl Term
5SiOIe Judges Robertson Mcneil, and Garyiu 49,
WILLIAM NtW,H Ds Ezra Hhee en- and ofhers -Thts
was an appeal from certain Ings BY Judge MoCunn
on the tial of the case at tue regular frlaI Term
With jury. The action is peculiar from the fact
tbat y involves dispute relative to the Manufacture
of coffee one of the features of the process consist
M ing IN running il through black cad which gave the
cOaee peculiar appearance, shiny and metallic
alHerent from coffee In general The case was argued
DelOIe, ana deotueu against the plaintiff but a rs-
argument was applied for by the plaintiffs counsel
on certain law points. The facts Of the case, &C.
cOTdlng TO defendRnts' statement, as tOO OWs: :
The action was tried before don. Justice MoCunn
and jury at the March Tral Term of this Court
n loI6, aud verdict rendered by the jury for the
phinun, upon the only question submitted to them
by the Court, and the Court as essed the damages
AZ S23O44S and ordered the defendants except Ons
10 De heard in the first instance at the General
Term, with stay of proceedings. The action vas
Drought TO recover damages TOR q breach OF the
contract set forth in the complaint.
The plaintiff alleges that ne vas the owner and
patentee OF spatent for cleaning and polishing
coffee. That on the 18th day of March, 1858, the
TO use such patent within the State OF New York
and other territory for the sum Of 5000, and tue
@ sum OF SIX cents for every bag OF skimmlugs,
anu ten cents for every Dag OF mercnantabe
COhee passed by the defendants through the
process OF the plaintiff and that the de.
every bag OF coffee that passed under said pro.
cess, and TO render monthly returns of the same,
VeFhed under oath, and to pay over in casn on the
hrSt OF each month the plaintiffs share OF such earn.
ings so stipulated for the defendants having also
the privilege of committing the tolls Aforesaid nv the
payment of the further sum of Sl6 900 WITHIN three
years. and that the defendants took the interest
aforesaid, paid to the patntin the S50OO and used
the patenti ana the plaintiff alleges as breaches OF
the SAID contract First. That the defendants ne.
elected TO furnish the plaintiff monthly returns OF
tne number OF bags coffee tney had passed through
sara process, and TO pay the tolls due for the same
Second. And that the defendants have neglected.
10 Keep the plaintiffs interest SAID agreement IN
violate by Keeping in active OOeraion the machinery
IN said agreement cOntempla ed and used by she de-
fendants, and have neglected to make the same
available and productive, etC and demands judg.
ment for such neglect. The defendants admit the
contract rs set forth in the complaint but allepe
mat the planuh TO induce them to enter into tho
same Tepresentedtot them that by Its iarge sans OF
money could be made; that great Improvement could
DC made IN the appearance coffee; that its value
would be mat rally increased, and its merohant-
ape quarry improved, ana ITS Price enhanced, aud
that II would be made much moro salable: which
representations the defendants allege are untrue
ana that the process 10 them was Yaueless, and
claim TO recover the five thousand doars paid and
TO have the contract annu led; that running the
conee through black lead gave the coffee metallic
lustIe, detrimental TO it, sal They deny that they
neglected to furnish the plainnfT with monthly
returns Of the number of bags and they DENY that
the accounts rendered are not full and correct
statement of all coffee passed by tnem through
plaintiffs process, and alleso that the same have
They also deny that they have neglected to keep the
plaintiffs interest nvolate by keeping the machine or
process IN active operaton or ne elected to the
same aVailaple and productive, or neglected their
uutY, and allege tnat they have faithfully kept and
performed the part OF the contracts that they have
used dllgence and good alGh IN endeavoring pro-
cure employment for the machine or process but
that by reason OF effect upon the cofee-the loss
Of Weght, the peculiar appearance it imported to
the coffee, the expense Of operating and cost of
renovation, and the depreciation in value arising
theretrom-it became impossible TO obtain any con-
siderable employment Tor it, and none was obtained
tor which true account has not been rendered
The plaintiff replied to the defendants counter
claim, DENYING any untrue representations. On the
trial of the action when the plaintiff mad rested the
defendants counsel moved TO dismiss the comolant;
the Court denied the motion, and the defendants
counsel excepted thereto.
Testimony was therefore taken, and the Judge
charged the jury in manner that caused defendants'
counsel to except. The case was argued Yesterday
by Mr.. e. Gerry for plaintiff and Mr. William o.
Booth for defendant. Decision reserved.-N T.
Herald.