, 1870-07-14


Charles klern =. Moses Bacon. Robert 3. Ennis,
and v. r. Tompktns. Tnfs Is an action Of assump.
sit involving Important commercial questions. The
riaintla sued TO recover damages, the amount OF
alleged losses BY nre on hams, side meat, and
other meat consigned to defendants for
sale on commission: The defence was that
under the Instructions received but that the sale,
IN accordance With the custt,m Of the Market Was
made conditional upon the result Of IN inspec-
TIE vaf,ons packages were stored, and while 70
stored were damaged by d1e.
The case occupied three days In Its trial, 1ndge
J1lius r Atwood presiding for Judge Porter. Mt
Atwood:s instructions to tho tury Wers suhstar-
tally as follows: That II the defendants received
consignment Of mixed meats, With Instructions
70 sell nstanter but, II aocoriins t. the rules OF
H. H. ssade such goods were INSPECTED before de-
Tor inspection and reasonable 5isne, to be deter
mined hy the jury from the evidence, would be
destroyed or damaged by nre. during such time.
without the fautt Of defendants the platnun could
not recover, unless it should appear that there
WAS custom tn the trade, nsAt the consiInee OF
such Guods should insure them against fire, for the
benefit OF the cunsiKnor. during the time required
y ne usage of the trade fot such inspection and
1endauts hah drsft with plaintiff Ia similar WET
before, and ,hat II WA understood between them
that such Insurance should be Effected
The Cour, ;AtHood) also instructed that the
term tn t'sc1 on arrival" means to sell soon as
practicable having regard to the marketable char
masinW s1,ch sa1es Rnt r. ne Tarenensa 4itu1 u
or neTeenllg i.oteved ar t5eyjatefI from insfrnc.
t1nns fhey hecoIne Jfse for fhe lnsa and fhie no
1yen thnnrf thcT honcd an, intsndcG ~ m ~ fenent
The nJainfi. Rs n the TusTrer ~ rrai cns.nm re
iurT VAS toI that II is ussge esrshshed car1ai.,
uniform and ,ena-ai ,ha .s1r,tisn - Whtch ~ :. 49,
matersl 81 fhar II eyicts noinr;nns1v ma "a tn 1Ss
frade isE 11irh Snrh the En;7tT nv; n1es,me No
ihot ~nn,r.r -. ~ ,h;s 49,, - ~. ".ua ttn re
cncr tn r. nr..enIn;na I'm. 4rsirs Ta... Enn1 -
~ the cns.p,n >D'+~ >" "s'>et7 w """"ts 'eo
THIS caSe ,-a, e,ro, - -. su~ ,.. ,
g: s1s T,,,s.. e'sA " 'ne jury Will LEAVE ~
'e4o's. .r,.,,.., +,.,,,.,e
Errs. Bnnterra = Ea,r,n -. n.-,
WeiIs Csse 1amaops ,stI ~ - -, o'o ~ =, +raI -
cnnn}nfnsnt c,strna ths. ha,r- ernS.-oa - - 49,
fendants In fhe cnmsfTrfoon ~ hrsarN r. ~
hr was csnseI m M 1,nI,n AZ 1o,1 Th,,. - hnI'
ing hem ntrItpenfiy r,ns4Tcted - III o rGs
pss tsty,r tnn1red ~S.9s~ ~ Ae4' ~ 'nAs NC
rp17Rfz r.uv
Francis AInpson ct ~ r Tna o.p,ana f,,u,,a
raionai Socletye NJ ch,cn,-c and Iha ~. s,c- ~
the socIety. ThIs in a n1ne.aanr r. 1.s.-s,o ,hs ~
nayment 6f cain ~ Eeeson 1,Tna ~anI-aar s
nrS for rho erscttnn ~ cnnrc s:, ':nns:
that owing fn rin1ar1n, ~ 1hs npprar mpvr ats
tlrhtedness ia the n.heT vsr ~ ,a INC
Al two a. the Trnstre: ~ .ha hn.o:, - ~ -.
with their assoctsf.sl rhe - tasn +, rsor
il 1unncial masfers Thev n,r.SSsaS - - s,Ei
1efp Ior ii Horr f1ea Ta,TE,Ila tS1i,to,a -1g. 1ga.
men cont1ac,cfi to hri11 rhnrrs IN cear <,s 20
ard Were autl1nrize.f m horrow a.. mn rrnis sm,
was loaned by Wi1ilam Sidnev Smith vhn hnr.
ever required. beside mortpa1e t,r.nn fhe nran,
tst.s. the personai liahItv nf RIA frrnaraasN - e.
other bills for several thousarti Dollars were u,afIe