Milford chronicle., 1883-10-19
TIE TOMATO SUIT.

On IueSuay at y. III. the SulJ Ol
David p. Greenly vs.. Matthew Semple
was called in Squire Beswick's court
before referees. MessTs. Frank Rick
ards, james A. Martin and p. Lewis
were chosen as referees. The case was
claim of $4O58 made by David p.
Greenly for tomatoes delivered at the
canning factory belonging to Mr.Sem-
pie i'm Milford.
The prosecution showed by David
p. Greehly as a witness that the tOma-
toes were sold to the factory on the as
surance of James Andrews, an agent
of Matthew Semple, that the same
would be paid for. That Cuykendall
would be "bOOstedn out of the factory
if he did not pay the growers.
BY d N. VauZandt the prosecution
showed that on a certain Saturday,
when the growers had become uneasy
for their pay, Mr.. Semple had come TO
Milford, and had instructed him, Van
Zandt to get the claims all up for the
purpose of paying them off
BY several growers that James An
drews claimed to have the special con-
fidence of Mr.. Semple and that circum-
stances seemed to warrant such claims,
and that Andrews had assured the
growers that Matthew Semple would
see the growers paid for their fruit;
that if Cuykendall failed 10 Jay, it was
Andrews duty to telegraph Mr. Sem
pie, who would come down and boost
Cuykendall out of the factory. That
Cuykendall was backed by a strong
firm" and that Mr.. Semple's attorney
had on that particular Saturday re-
uuested the growers to remain quiet |
and desist from suit, and he thought !
they would all get their money.
BY +. &. Cuykendall to show that
on a certain Saturday few weeks ago
the growers had become uneasy about |
pay; that Mr.. Semple had come to Mil !
ford on that occasion to pay them; !
that Mr. Semple feared certain outside |
claims against J. Walter Guy kendall |
might be pressed on Semple, and that |
to secure him against this it was agreed /
between all that E. G. Cuykendall |
should pay Semple $75 and ship him a
quantity of evaporated fruit. That |
said check was made by E. G.. Guy
kendall and at the request of Semple
was first handed to Walter Cuyken-
dali and by him drawn from bank and
the proceeds were paid to Semple
That on the strength of this agree
ment Mr.. Semple gave Walter over
$500 to go as far as it would in paying
claims and promised on the following
Monday to pay the balance of the
claims but as yet had not done so.
The Defence called James Andrews
to show that he, Andrews, was hired
by Matthew Semple to take charge of
building and its contents and look af- /
ter Mr. Semple's interests. That whec +
The fruit got into a certain condition
he was to take charge of it in behalf of
Semple and certify to Cuykendall's .
bills for the same, which bills were y
paid Cuykendall by Matth- n
w Semple That he, Andrews, had p
lot encouraged the farmers to look to "
dr. Semple for pay for their tomatoes
)ut on the contrary bad assured them
hat Cuykendall was being promptly n
,aid for the product and that they d
must look to Cuykendall for their pay. m
By Matthew Semple to show writ n
en- contract with Cuykendall to prove h,
hat Cuykendall was neither tenant !,
or agent, but was simply to fill cans. =
aid contract was said to have been al
rawn by Mr.. Edward Ridgeley Of IL
lover. Mr.. Semple also showed a let SO
sr of instructions to James Andrews 70
} prove the extent OF responsibility. =
n cross examination it seemed that
lis occasion was the first on which
he contents of these papers had ever Z
cen published. About the effort of 81
lat Saturday to pay the growers Mr..
emple, said that this promise to pay
as on the representation that the
aims would not exceed 81, 300, and -
lat to secure q portion of this the fa- '
Ter Of j. w. Cuykendall was to pay sh
K in oasb and shin hin, n oarIais thl
~ l-l = 1rs, 49, spI
iauGlIy OF eNapOEaleu peaches. InaL sea
G. Cuykendall had not paid him an
ch sum OfmOney nor had he shipped WI
e evapOrated fruit. tor
By J. w. Cuykendall to show that ant
lykendall contracted in his own
me for tomatoes. On cross examin-
lou, J. w. Cuykendall cOrrObOrated r