The New York herald., 1877-11-17
n =. Wilmer. tho palntin,s attorney, were all sub
mistsd 10 Judge Larremore for his action.
MOURNING HIS LOST MADEIRA.


Before making pleasure trip 70 Europe during the
summer Of 1874 Mr. II. l.. Col. maoe arrangements to
store his furniture at the storhouse Of John Morre
on Fourth avenue. When nc returned he found the
furniture In damaged condition aud many things
lost For the damage and loss Mr. Colt brought q
suit against Mr. Morrcl, which was tried In the
Marine Court yesterday, before Judge Alksr and
jury. The story OF Mr. Colt as told on the trial and
corroboratcd by couple Of witnesses
that he nrst arranged with Mr. Morro to nave sep
ara,o room AT tho ratio or $l2 a month In which 70
send und0r this arrangement he sent them, bus on
going 70 Me store low days alter, IN
% ssrsay n0s as hS 9ss
no found them lying the main door
q The ssorehoa.o mixed up with other goods. He
then told them 10 put thom IN tho room engaged. but
instead of doIng 70 thoy put them IN room on the
top door. To this ME- Cos made objection, and asked
them TO scnd complete list OF tho goods 70 his I'D.
dress. which he lott them After no hnd started
Tor Europe such sb was 20 his address, accom-
room occupied was 70 be Sis month INSTEAD OF $l2
and that 81 month extra would be charged ior tho
care Of NJ Colts winos, making 10 aii $2i month
On MS return from Europe, on gong 70 tho store Mr.
Colt found his goods not stored he understood had
beon agreed but with packing boxes piled on top, his
lost sealed casc OF fine old Madeira wlae empty and
some OF tho trunks with tho covers broken of Th:s
state OF affairs he pronounced 'an outrage" he was
surprlsod ho said st iur her by ndng that instead
ol having 10 pay $l2 month us he supposed no hnd
ngrac0 MOrroll uotnuoded pay NJ tho rute 0i $zl .
month"; and refused 10 deliver tho property until pay
mont ut lhs rate was nudc. Having house ready 70
move ms Inrniturc into and wanting its immediate de-
Ivory, he paid tho amount claimed undor protest nnd
ton brought tho present SUIT TO obtain redress. Dee
iendant End six or seven other witnesses called
TO contradict tho material iacts. detailed by Mr.
Colt and his witnesses Tho w,tnossos tho rcspoc-
tive substantially In conflict 10 the agree
mont defendant maintaining thut Mr. Colt had nc.
Coptcd the new arrangement Us 10 compensation bs-
tore his departure Tor Europe. II was also claimed
sono unavOidaVls Injuries 10 the property bad hap
m mo ham nfnH
vator that ordinarily good care had boon
takcn or tbem nnd that tor such break
ngcs and losses those OF which the plaintiff COM
planned tho defendant was not liable Aftor summing
up The case by Mr. Aionzo G. Farnham on tho part
0i plaintiff and Mr.. Bower, of Piatt, ulrard Bower
for dclcpdant, and the cnarae Of Judge Aikcr, tho
jury, alter brlci debcration gavc verdict IN favor
Of the plaintiff assessing his damages Ut $3A5 co. 10
which the Court aldod extra allowance Of i've pcr
cent. A melancholy feature In tno Case was the ro
gfetful Sadness 0t manner with which Mr.. Colt de-
scribod tho rare qualities OF Tho Ane old Madeira,
which his solemn seal had tailed 10 preserve Ia
tact. IL was impossible 10 toll from The oviicnce
whether the moths Or tho 'swnlloWs" gOt away with
tho Madeira Ft4