Smyrna times., 1873-12-10

zAs Z
WAS IT Misunderstanding ago Mr.. Z. /.
Collins. agent for the Howe Sewing Machine
Co., in this town, disposed of machine to his
landlady in payment for rent. But last week
the Company, through Mr.. Frank Price,
general agt., brought suit to recover the
machine for the reason that they had re-
ceived no equivalent therefor, and that the
agent had no right to pay his debts with their
property. The case was referred to referees,
who decided that the Company had no claims
upon the machine whatever, any more than
they had upon any other property OF the pur-
chaser Mrs Mason that she had purchased
the machine Of the authorized agent aud given
just equivalent (rcnt) 20 said agent, which he
had accepted and given her receipt in full tor
it; that if the sale was not satisfactory to the
Company they must look to their agent and
not to the purchaser that they had delegated
their authority to him and must abide by his
acts; that even if there had been no equivalent
whatever, he must be the person for them to
look to. The referees also decided that if the
Company could take back this machine despite
the fair equivalent and the receipt that our
merchants could take goods away from pur-
chasers sold to them by clerks on unsatisfactory
terms; that it would break down all RESPONSE
bilty of agents, and purchasers would have no
|
were made from the owners direct. The
referees therefore gave decision in favor ot
the lady.
The next day suit was brought by the Com
pany to recover a machine from Mr.. Blades
sold to him by Mr.. p f. NickersOn, clerk fo
Mr.. Collins, in payment for Mr.. n. s board
Mr.. Blades held Mr.. NJ receipt, in which
board was named as the equivalent Th'
referees in this case gave Judgment In favor
the Company The sale was made at the ap
prova of the agent, however, who, we believe
had bonded to the Company for the machine
thus sold, and hence claimed ownership il
them. The referees seemed to think tn
clerk $ sale and receipt was not binding; tina
he had no right to pay his debts with propert
; that did not belong to him, &c. But the pul
chaser claims that the clerk had the right t
sell the machine under the sanction of tn
agent, and that if the agent was responsible t
the Company, the clerk was responsible to tn
+ agent, by the same rule of fairness. 1t
intmated that the case may be taken to cOur
, THE BURGLARS They are to be IWippe
: Taday-On Wednesday last the four ban
robbers on trial at New Castle were convicted
Their counsel moved for new trial and c
! Saturday filed their reasons, which was th
y the verdict was not according to the evidenc
I &C. But on Monday, thinking the reasons we
. too fimsy, they withdrew them, whereupC
: the Attorney General made motion that Il
sentence of the law be pronounced upon ther
!, The Burglars were then brought in, and ea'
Is was sentenced to pay costs Of prosecution,
n fine of $500, to stand in the pillory
D Wednesday today one hour, to be viii
is ped the same day with 40 lashes, and
IS be imprisoned 10 years, ending December Il
( 9th, 1888. All took the sentence but Law
with Indifference.
IN The following incidents are from t
as Commercial:
e. While the trial was in progress special o
n peas were made to the jurors during the recess
8 of the Court on behalf of the prisoners by tn
es friends, and in one instance at least, "
tn accompanied by tempting bribe of $500. II
we have from reliable source. That I
he bribe was rejected is shown by the verdict
e. the case.
or Monday night delegation went down
pd intercede with the Governor to obtain
vs remission Of the corporal punishment, but
RS errand was a fruitless one. The delegation v
NO unable to find the Governor.
fe Monday afternoon, when the prisoners W
brought into Court for sentence, Il. lis
Smith, a we'll known Philadelphia charact
X pushed himself forward in the way of the p
" " cession as it marched into the Court room,
a., seemed determined to speak to the prisoners
tio ho they passed, when the Sheriff coOred him
nU e.. violently thrust him aside. 1t is unnecess
~ ~ to say that Listers opinion of Delaware
81, greatly lessened by this act
1t is understood that there was an availa
fund of $25,OOO in New Castle on Mono
ma every dollar of which would have been
1g pended in obtaining the remission of
er; pillorying and whipping of the prisoners.
arr
hal l. ~