Ashtabula telegraph. (Ashtabula, Ohio) 1874-1880, 1879-12-12
A MIXED CASE.

| OOugH ~ VI " ain IKE al Mlub-
awake cities, must have It's local ex-
citements. It's latest attaches to
the legal, rather than the usual
aesthetic quality. A certain popu-
lar vender of sea-food and green
groceries hard by the depot, sold
and conveyed unto one other certain
customer from the northern rural
district, a quantity of goods, and re-
ceived in payment therefor a certain
bill of the greenback order and of
the denomination of twenty dollars.
The party of the first part soon
learned that the bill aforesaid was
counterfeit. With precipitation the
distressing discovery was made
known to the honest farmer OF the
second part, who not having at the
moment the full twenty dollars in
his weasel skin pouch, paid on ac-
count of the redemption of said bill
the sum of ten dollars, good and
lawful money of the United States
of America, and promising soon to
call and pay the remaining half and
recover the spurious twenty. Mean
time the party of the first party Wis
tied the Danbury Fair, and Ike
many another innocent fell among
thieves who picked his pockets Of
his watch and wallet, and with all
his good money this twenty dollar
bill aforesaid. The despOiled merch-
ant notified the farmer of his mis-
fortune, and stated that as the bill
was worthless anyhow, he still de-
manded the other ten dollars. The
honest farmer aforesaid demurred
not only to paying the remaining
ten dollars but demanded back the
ten he had paid, on the tenable
ground that he had traced the bill to
Messrs. Erie & Smith, who knew
from whom they took it, and were
ready to redeem it as soon as the
bill was returned to them. Threats
of suits were made on both sides,
and the see-saw has been kept up
till last Saturday, when the case was
to have been tried on complaint of
the grocer of the first part. The
law in the case, is said to have so
staggered the City Judge that an ad-
iouTnment to the last of the coming
week was agreed upon that the "au-
tborities" might be hunted up. We
here extend our kindly Offices by
calling the judges attention to the
celebrated Illinois "cOw case, so
often quoted by Mr.. Lincoln, as a
precedent exactly in point. In that
case, it will be remembered, an hon
est farmer purchased a COW Of anoth-
er honest farmer, and paid for her,
the same precise amount of $40, in
bill on a State bank. In driving
the COW home, and in full sight Of
the vender's house, the COW lay down
and died. The purchaser demanded
back his money on the ground that
the animal was "struck with death"
before he paid for her. The vendor
claimed the COW was as well as ever
and that no illness was visible at the
time as was proved by the fact that
he observed nothing wrong himself
but concluded the purchase and left
with the COW. But here a new COM
plication arose. On attempting to
pass his twenty dollar bill the seller
of the COW learned to his dismay
that the bank had failed and the
money was worthless. The famous
suit followed. 1t was proved the
farmer received the bill in payment
of the COW at precisely nine o'clock
by his own time-piece, the witness
hearing the clock strike as the money
was paid the vendor. 1t further aP-
peared that the notice of the banks
failure was first given out at nine
O'Clock that same morning. The
purchaser of the defuncJ COW claim
ed difference of time-pieees and a
recovery of twenty dollars in good
money, inasmuch as his bill was
good up to the moment OF the banks
failure. The vendor claimed his
COW to have been all right at time
of sale and his clock two minutes
slow, so that the bank must have
failed that period Of time before the
payment to him of the bill. 1t was
upon the full proof of the case as
above reeited, that the judge made
his memorable decision, which we
so confidently commend to our South
Norwalk administrator of justice.
With great solemnity the Illinois
Judge thus enunciated his decision:
''If the court understands herself,
and she thinks she dO-then this is
an action of 'trover.' The COW was
purchased, a $40 note paid for her
and she was driven from the prem
ises of the vendor. The animal died
while in the possession of the Yendee
and on her way to his home, in
manner to the court unknown. 1t
further appears that the bank issu-
ing the note failed at or near the
time of its payment for the COW.
Now it is clear, had the purchaser
paid for said COW with any other
monies of which he might have
been possessed, and retained this
500 bill, he would have lost both his
COW and his money. On the other
hand, had the bank failed at a con-
siderable time subsequent to this
transaction so that the vendor might
have had s chance to get his bill off
upon some other party, then 1t might
become a question of his liability to
refund said money. But in this
case it is clearly a matter of the ex-
actness of the vendors family clock,
and as it is manifest that this court
cannot attempt to regulate, and
much less account for all the varia-
tions in the Connecticut clocks now
running within the limits of the
State of Illinois, the Judgment of
the court is, that inasmuoh as the
bank would have failed and the COW
would have died all the same, had
they not respectively changed owner
ship, therefore the plaintiff loses bis
500. the defendant loses his COW,
and the costs will de equally divid-
ed between the contestants"
Nor1oaK Gazette.