The Bloomfield times. [volume] (New Bloomfield, Pa.) 1867-187?, 1871-12-19

granted by Judge Junkin, and the young
man was, after hearing discharged.
Juniata County Court A Humorous
Charge.
The Juniata County papers refer to the
amount of business done by the Court there
at the last session, and the way in which it
was done, in very complimentary manner.
In the case of Middagh VS.. Todd, ct. al.
Judge Junkin in his charge to the jury,
disposes of some positions taken by the
counsel for the defence and refers to some
points in the testimony in a manner not
only humorous, but in way which brings
the case before the jury in such shape that
they could not fail to appreciate the rights
of the plaintiff. This case was exceedingly
humorous throughout The following is
| portion of the charge
"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 he was
met in corresponding manner by Frazier,
of this place, a coachmaker. But the
coachmaker had neither hubs, spokes, rims,i
shafts or coupling, nor anything else re-
quired to build buggy. He seemed in
reference to his particular calling, to have
been no better provided than Cervante's
innkeeper, in Don Quixote, who, notwith-
standing his unqualified assurance as to
the unstinted provisions of his house, new
er provided anything more sumptuous for
his guests than cows heels.
The only thing plaintiff saw in the coach
makers shop that stood any chance of
being turned to account in the construction
of the new buggy, was piano box, which,
on inspection, pleased the plaintiff, and he
selected it in 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 was use
less to him; SO he goes with the coach
maker to n hardware merchant, and buys
hubs, spokes shafts, rims, and other ma
terial, out of which the running gear for
the piano box were to be constructed by
the coachmaker, and the plaintiff paid the
hardware man for the material. After
this material was worked up into wheels,
without tire and shafts, and the piano box
striped, an execution creditor came along
with his writ levied upon and sold the
wheels, as well rs the painted box, and
these defendants bought them at sheriff.
sale. The consequence of all this was
that the plaintiff lost his raw material, as
well as the painted box, and got no buggy.
And, as he appears to be fancy gentleman,
he doubtless suffered greatly, in pride and
feeling, as we'll as in his chances with his
lady-love, for to visit his sweet heart on
foot, we may we'll suppose, was very CALLING
to his manly pride. The plaintiff, seeing
no other remedy, brought this action of
Trover and Conversion, to get back his ma
terial, or the manufactured work, inclu-
ding the labor expended by the coachmaker,
because the stripes cannot be taken off the
piano box by the man who put them on,
and we don't sec 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 Sherifi7s 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 addi-
tional ground that the Sherifi7s sale passed
to them the value of labor done by the
coachmaker to their raw materials, and as
you cannot now separate the two, de-
PENDANTS also claim the broad stripes on
the piano box. The plaintiff says that he
is not only entitled to recover in this ac-
tion, 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 bestowed
upon them, because, say his counsel, it
, was the duty of the coachmaker to COM
, plete his undertaking to build this buggy
and if he did not nor the defendants for
him, then the plaintiff has tight to get
S back this material at just what they were
a worth, including the labor, at the time Of
he Sherifi's sale and, gentlemen, VIC SC