The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-01-06


occupied on Saturday with the same case which |
had occupied 1t for the two days previous.
Robt. Turner vs.. J; Bsrtholow. Assumpsit
damaged. The evidence was resumed; The
defendant sought to prove the amounts which he
Of the inferiority Of the gusno in question. The
court declined TO allow evidence OF any expenses
Incurred BY BsrthSow sfer the arrival Of the
OF Bartholow to make an examination upon the
receipt Of the goods. He neglected this prceau.
ihe evidence having been concluded, the plain.
tiff asked the court to instruct the jury to this
II the jury found that Bartholow purchased
No. 2 guano from the plaintiff and sold portions
of 1t to his customers as No. guano, and by
not entitled to contribution therefor from the
plaintiff, for no one can claim for wrong to
II the Jury found that the defendant had ample
opportunity to make determination OF the guano
In question and that no trick was rcsorted to to
keep him from making such examination, he
II the jury believe that the defendant did cx-
anime the guano in question, he bought on his
own Judgment, and thus cannot sustain his plea
The defendants counsel asked the court to In
struct the Jury as follows:
II the jury Ind that the defendant relied on the
assurance Of the plaintiff, made In his letter. that
IN uesoRH was PURE Ana eSua be
guano, such assurance shall be considered an ex-
misrepresehted the character Of the guano, and
the defendant purchased believing such misrep-
resentstion to be true, the plaintiff cannot re-
| sentiAl feature.
The Court said 1t would admit all the prayers
| asked, subject to these notifications II the de-
| PENDANT bought the guano solely on his own judg-
| ment, without warranty, fraud or deceit on the
r. The Ssss TO BE- pure No.
gaSPS and The gSsnos did not some up
tai al laaa IN nils ntlf mat anmn IA
for such loss. Even though there were no ex.
press words Of warranty, yet Il the plaintiff dc.
No. Q guano," he could not recover under a spe-
cial assumpsit on such contract. Nor was a
chance to examine y the gIano , waiver Of the
not on his own judgment, but upon the plaintiffs
representation II was true that the buyer
praise did not make a contract; but when the
representations OF the seller contributed, In the
sSs Of S0n nss as Of the
alton, The Judge illustrated this view BY refer
ence TO the ordinary purchases OF daily lie, and
, buyer, both equally Innocent OF fraud or negii.
gence, the law eft'th burden on the shoulders
OF him who bore 1t In the beginning OF the trans
, The case was then adjourned until this morn.
Ing, when It will be argued.
judgment by default against J. ]. Kinds fol
te,t21 %, no summons having been served on the
other defendant ara ro-D.,.
The following is the assignment for to-day. II
10 probable, however, that the guano case viii
co. 81, al, 2is $751; S42, 14l, 1866, 1872, 2s4, $50.
The court then adjourned until this morning.
: In CHAMBERs-Bsfore Judge Wylie.-R +. Nor
| sell filed an application for a writ of ceffiorar
:, upon Fred. A. Boswell, Register OF the City 0
y Washington. The application 10 made In tn
name Of Mr.. Thompson, one Of the public sehoo
o | teachers on the part OF himself and associates
a and sets forth that Boswell has declined to fuI
nish to Mr.. Morsell, treasurer Of the publ
schools, reputation for the Of ~, 900 TO pa
the quarterly salaries OF the teachers OF the pub
n lie schools, due Dec. 81, 1907 on the ground tina
n the Mayor has not yet signed . certain reqnisi
the trustees OF the colored schools. The appl
cation asks the Intervention Of the court to CON
" pei the register tic issue requisition for tn
Z, said Ga 900 to Mr.. Morsell
= The court granted rule upon Mr.. Boswell I
n show cause why the prayer OF the petition shoul
| II Otclock