Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-03-12
l. VS.. BROY
The Jury Return q Verdict for the
Defendant.


Defendant.
Yesterday the District Court was engaged
in hearing the merits Of a case brought
by M. d. Foley against Charles L. Broy,
to foreclose a mortgage given by defendant
to satisfy a note Of $500, held by plaintiff
There being some dispute regarding the
facts, 8 jury was impaneled, and the plain
tiff, by his attorney, Mr.. Cheney, offered
the note and mortgage as the evidence
constituting his case. Mr.. Wines, counsel
for defendant, read to the jury the answer
in the pleadings setting up a counter claim
a. defense. after which Mr.. Broy was sworn
and testified as follows:
I am the defendant in this action and the
husband OF Sally Bray, whose signature is
| upon the mortgage offered in evidence.
From December, 1878, to December, 1881,
with the exception of two or three weeks,
/ fed and took care OF plaintiffs horse.
The horse was in my possession $50 days,
| which Is worth $700, and which / claim as
an offset to the note held by Mr.. Foley
against me. / have offered to Mr.. Foley
sl25, the balance due upon the note, and
he refused to accept 1t. / then deposited
the amount with the County Clerk upon
fling my answer.
The following testimony was given in
the cross-examination There was no con-
tract made between Mr.. Foley and myself
as TO the amount / should receive for keep
| ing his horse, other than he was to furnish
me the contract OF hauling the Richmond
bullion, and such other hauling as he
might command. I have had hauling
from him averaging not more than $3.50
| per month during the time mentioned, up
TO the commencement Of this action. /
first presented my bill to Mr.. Foley for
keeping the horse in December last. !
never received the bullion contract, but
Foley continued to promise II to me, un
| der which promise I kept his horse.
r. H. Eggleston and J.. B. Keene were
sworn for defendant. Their statements
tended mainly &c ~corroborats the testimony
OF Mr.. Broy.
Mr.. Foley then took the witness stand
in rebuttal, and testified rs follows: For
several years / have been engaged in ore
hauling, etc. In December, 1873, I let
Mr.. Broy have various contracts for haul
ing ore, and he promised to take care
Of my horse for procuring the same for
him. My reason for giving Broy
tappC SohtaoSbs Wast tAos nc HIlkut taEu
sufficient money TO pay o note l held
against him. Upon various occasions I
have advanced sums Of money for the care
taken Of my horse, and also have credited
him with interest due ON the note. I tried
TO get the bullion contract for Mr.. Broy,
but could not, because, at that time, IL had
been given to another party. Subsequently.
however, I procured the contract and gave
II to Mr.. Eggleston. for which he gave me
500, and credit for $50 more. John Cap
ron has taken care Of my horse In consid-
Grafton Of contracts procured for him. The
pay for such hauling has sometimes been
a. much as $500 per month. Ny horse
now costs me $35 per month.
John s. Capron and James P. Moore
were sworn for plaintiff, whose testimony
partially corroborated the statements Of
Mr.. Foley.
After argument by counsel and instruc.
tions from the Court. the case was submit
ted to the jury. At 8 P. NJ. q verdict was
returned for defendant in the sum Of $700
as claimed. A poll was called by the Court
| and the jury found to stand ten for de
PENDANT and two for plaintiff. The $25 de
| posted with the Clerk reverts to Mr.
Foley, who pays costs Of Court.