The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1866-03-30
An Important and Interesting Cham
Gerry Suit,

An important suit was decided in
the Chancery Court before His Honor,
Judge P:rtle, on last Tuesday. The
suit is brought by (. f. Lucas against
Warren Mitchell. Of the firm OF n NJ.
Bruce * Co. Mr.. Lucas claimed S2hOOO
damages for the destruction Of q pork
house in Bowling Green, Kentucky, by
the Confederate forces in 1862, said
building being occupied at the time Of
its destruction by f 81 Bruce a Co,
contractors for the Confederate Govern
ment.
The firm of +. II. Bruce is alleged to
have been composed Of several persons,
but Warren Mitchell is the only de
PENDANT before the court, and, az a mat
| ter Of course, the case is now only be-
ing tried as 10 him. The plaintiff al
leges in his petition that he owned a
| valuable pork house at Bowling Green,
Ky, in December, 1861, containing val
liable fixtures, improvements, dc, for
the slsught ring of hogs aud beet, and
that, on the 27th day of December,
| 1861, f. n. Bruce a. Co, under an order
from Gen. Hardee, then commanding
| Confederate forces az Bowling Green,
Ky, took possession of said porkhOuse,
and continued to occupy the same until
February II, 1862; and on the l4th of
February, 1862, the Confederate army
evacuated Bowling Green, upon the
approach Of the Federal army, and that
Just before leaving town General Har-
dee issued an order directing said pork
! house TO be burned, and that it was &C
! cordingly burned by a squad of Con
| federste soldiers, whereby buildings,
fixtures, machinery, &c, were totally
| destroyed. The plaintiff Is now pro
/ ceeding against Warren Mitchell, IS
/ one Of the partners Of T. NJ Bruce a
| Co, and contends that he is liable, as a
trespasser, and estimates his damages
/ az tweuty-seveu thousand dollars. The
defendant (MitchelD denies hat he
was a partner of Z NJ Bruce Il Co, at
Bowling Green, KY, in the business of
pork packing and slaughtering hogs
and beef, but that his partnership with
said f. NJ Bruce X Co, only extended
/ to Nashville and GAINESVILLE, Tennes-
see, and that moreover, he was not in
Bowling Green from the time T. NJ.
! Bruce a Co took possession of plain
tiff S house, until the time of its destrac-
| ton. The defendant Mitchell, also
denies that plaintiffs property was so
valuable as alleged by him. Weunder-
stand that the Chancellor had previous
ly decided that if Mitchell was a part
ner Of Z n, Bruce q Co, he
was bound, as a trespasser, fer
the destruction of plaintiffs prop
! erty, whether he was on the ground
or not. and notwithstanding said pro-
perty was burned by a squad ofsoldiers,
under orders Of Gen. Hardee, under
the ruling of the court the only ques-
tons of fact submitted 10 the Jury were,
whether or not Warren Mitchell wss a
partner Of E NJ Bruce d Co, at Bow.
ling Green, Ky, at the time Of the
seizure of the pork house, and il be
was a partner, what damages plaintiff
has sustained at his hands by said seiz.
Ure snd destruction ~ofproperty.
The plaintiff was represented by the
Hons W F. Bullock, Joseph r Under
wood and John NJ. Harlan; aud the de-
PENDANT Mitchell, by Hon. John L
Helm, and Isaac Caldwell ami Moses
Bennett, Esqs
The jury in the case returned 8 YER
dict for the defendants The case was
= brilliantly contested one, and called
up the energies OF the array Of legal
talent on both sides OF the case.
This case would seem to be a prece-
dent and will be taken note of by all
persons who have been meditating suits
Of Ike chRracter.-L0uisuidc Courier.