Juniata sentinel. [volume] (Mifflintown, Pa.) 1846-1873, 1871-12-13
HumOr in q Judges Charge.


delivered by His Honor B +. Junkin to
the jury in the case of Miidagh vs.. Todd
and others
The plaintiff wanted new buggy; he
was willing, in the goodness of his heart,
to give two old buggies and $40 to boot.
for one new one, in which liberal spirit
be was met in corresponding manner
by Frazieur, of this place, coachmaker,
But the coachmaker had neither hubs,
spokes, rims, shafts nor coupling. nor
anything else required to build buggy.
He seemed, IN reference to his particular
calling, to have been no better provided
than Cervaute's innkeeper. in Don Quix-
ote, who, notwithstanding his unqualified
assurance as to the unstinted provisions Of
his house. never provided anything more
sumptuous for his guests than cows
heels
The only thing plaintiff saw in the
coachmaker's shop that stood any chance
of being turned to account in the con-
struction of the new buggy, was a piano
box, which, on inspection. pleased the
plaintiff, and he selected it in a happy
moment, paid for it, and left it with the
coachmaker, to be painted. striped, and
put on the running gear of the new
buggy But unless he had wheels to
carry the piano box, it wac useless
to him; so he goes with the coach
maker to a hardware merchant. and
buys hubs, spokes, shafts, rims, and
other material, out of which the running
gear for the piano box were to be con-
structed by the coacl.maker, and the
plaintiff paid the hardware man for
the material. After this mate: ial was
worked up into wheels, without tire and
shafts. and the piano box striped, an ex
eculion creditor came along with his writ,
levied upon and sold the wheels, as well
as the painted box, and these defendants
bought them at sheriff. sale The con-
sequence of all this was that the plaintiff
lost his raw material. as well as the paint
ed box, and got no buggy, And, as he
appears to be fancy gentleman, he
doubtless suffered greatly, in pride and
feeling, as well as in his chances with his
lady love, for to visit his sweet heart on
foot, We may well sappose, was very
calling 10 his manly pride. The plain
tiff, seeing no other remedy, brought this
action of Trover and Conversion. to get
back his material, or the manufactured
work, including the labor expended by
the coachmaker, because the stripes can
not be taken off the piano box by the
man who put them on,-and we don't see
very well what use he could make of
them even when he had them off,
The defendants, who are the purchasers
of this material at the Sheriff sale, deny
the right of the plaintiff to recover any
thing. First, because the raw material
don't exist as such, having been worked
up; and they deny his right on the ad
ditional ground that the SheriH-s sale
passed to them the value of labor done
by the coachmaker to their raw materials,
as you cannot now separate the two, and
As defendants also claim the broad stripes
on the piano box. The plaintiff says
that he is not only entitled to recover in
this action, the value of the new hubs,
shafts, spokes, and felloes, together with
the stripes on the piano box, and the
added value of the workman's labor be-
slowed upon them, because, say his coun
sci, it was .he duty of the coachmaker to
his undertaking to build this
buggy and if he did not, nor the de-
fendants for him, then the plaintiff has a
right to get back this material at just
what they were worth, including the la
bor, at the time of the Sheriff's sale /;
and, gentlemen, we so think, and so say
for to hold anything else, would be to
offer premium for faithlessness in the
performance of solemn engagements. and
unless such were the law, it would lead
to inextricable confusion, vexation and
wrong.
Let us run defendants logic to its le-
gitimate consequences. Let me illustrate.
Suppose Mr.. Doty took his boots to
Knight of St. Crispin to be half-soled,
and after the shoemaker has got one boot
half soled, an execution creditor comes
along, levies on the labor of the shoe
maker bestowed on the half-soled boot,
and buys it at the Sheriff's sale-must
The learned counsel lose his boots, which
we're only half halfsoled' and if the
purchaser of the half-soled boot took
possession of it, then either the counsel
must buy out the Sheriff's vendee, or get
,ne new boot to match the one he still
OWNS, or else the Sherifrs vendee must
ouy Mr.. Doty's other boot, and in the
event of their disagreeing on the terms,