Daily Republican., 1883-05-18
AN INTERESTING CASE.
ruE RIaHr OF A SEWING MA.
CHINE COMPANY 70 SEIZE A
MACHINE WHEN LEASED.

| day afTeruDb. anu "T. itHulnplon M
dressed the Jury IN hehalt OF the plain
dtfs in the case of william f. Smalley
Va, George and Joseph Pritchard.
Mr.. Pennington spoke about forty
minutes, and the jury were hen charged
by the Chief Justice and retired at
o'clock. After an absence OF an bOul
and quarter, they returned with a
verdict for the plaintiff ot Sld6.2l and
Mr., Vallandigham gIve npticb that
he would apply for new trial.
Several cases were called, but as the at
tornrys were not ready they were passed
and y iury drawn 10 try the case of thu
Singer Sewing Machine Company vs.
I.aac Murray.
Charles b. Lore, Esq, for the plain
uh and Anthony Higgins, Esq, for
the defendant
This is an action Of replevin 10 recov.
er u sewing nacling rented by tllt
plaiutitf on the nineteenth of May, 1880
to Mrs. James Kelley at rental of 3;
per month. II remained in her posses.
sion for some time until she moved into
A house owned ly Isaac Murray, when
not being able to pay her rent, the
machine was taken by him. The Sew
ing Machine G. Inp.ny Obtained posses.
sion ofthe machine by writ of repevin
that was executed by the Sheriff, and
this suit Is brought to determine owner
ship and test the legality of the leases
i.sucd by the Company.
Jane Kelley was sworn and testified
thar she had sewing machine which,
a, it was not paid for was the property
of the Singer Sewing Machine Com
pany The machine was held under Il
LEAST.
Mr.. Higgins said that ha would like
TO see the lease, aud Mr. Lore replied
that they could not produce it, as ithnd
been lost in an unaccuunrablc manner
Mr., Higgins insisted on its being pro-
ducel or it's contents proved, ami Samuel
Speaklnan, tn" agent of the Com
pany was swuru, and stated that he had
the lease ard mad taken it to Mr., Lore's
ohice where it WAS lost. Mr. lore also
made a statement 10 the tffCIt that Mr.
Speakman brought the lease with II
number Of others to his office, and he
was under the impression tina: he had
taken it away with him. He, however,
calne back and asked for il and although
he and Mr.. EmmOns had searched every.
where it could not be found Mr.. Hig-
gins said that he understood that Mr..
Emmons had the lease Afterwards, hui
ls hr was not present, the matter was
aIluwrd to drop.
The examination of the witness was
proc eled with, and she stated that she
bad sent the machinc to Mr. Mu-ray's
lIou,c 4, security for the rent in arrears;
1hl, was done 10 save her furniture,
which was levied Oh by constable
Pritchett and advertised for sale. On
REORGANIZATION she said that the
pnacllinr would have been her property
when she had paid $50 for it, She had
paid SjS on it at the time ID was given to
Hiurray ; the machine was given ~
-curIry for $50, and by her paying SIS
|n "a IN, her z ,ols were released
The witness paid 49, per month rent
for the house. She did moi consider the
sewing machine her property, rs it was
not paid for, did not Tell Mr.. Pritch-
BIT, that the machine was her property !;
but knew at the time that she was CIV
ing the property of the Company for her
deb'. She had the machine about two
years. but during the last year had not
been ahle to pay the rent on it.
1 JOnn T. MctilnHis testiii"I that he is
q collector for the Company, and had
+ mal \ demand ON MIR. Murray for the
|ma""ine previous to taking The writ Of
(replg,rn, but they refused 70 give it up,
! and " reported to the Company. He
went . Mr.. Murray's house and saw
BboIn r. and Mrs. Murray, aud ex-
|paiH TO thrIl that the machine did
no' h ong to Mrs. Kelley, bat was the
pro.c ctty of the Company, ~ 1t was not
ipliI +.
Or rross-exam,nation by Mr.. Hig-
gins, The wiyuess said that he is col
lertIr for the Company he did not mt
any til ne offer to leave the machine IN
Nj. Nurray'S possession # h" would
pay ,.., remaining Si2. The witness
| W., rot present when tho writ was
served, being down the coantry sick.
Ss,Auel Speakmau testified that the
Vii. + repievin was taken ont ard
served after Mr. Me innts had man"
| his report thai the machine waa lh lhe
s,,',,ion of Mr.. Murray.
Mr. Lore said that he would rest
with his witness. and Mr.. Higgins
| opr4 Il for the defendants.
lie addressed the jury, AMI said thar
he would show that When this machine
was taken from Mrs. Murray by the
writ Of replevin, it was her property,
having been voluntarily given to her
bv Mrs. Kelley for SO III payment OF
debt.
Isaac Murray testified that the sew
IN, machine belonged TO hi, wife, ana
became her properly under the follow.
in circumstances Mrs. Kelley lived
in Il house tha. belonged to his wife,
and ,he failed 70 pay her rent. He was
told that she would never pay, and ne
advised his wife to put tie matter IN
Mr., Prtchett's hands. She did not in
tend 30 sell the furniture, and told Mr.
Prrchrtt not to sell it, but try and get
| the money some other way
Mrs. Kellcys mother then camel to
his house and said they had a sewing
machine which was paid for, and they
were willing TO let his wife have it for
AO, i'll part payment of the rent. ne
lett the matter in Pritchett 5 hands, and
he brought the machine 10 his home.
Some time after, a man called at MS
residence, and asked if there was ma
chine there That belonged to Mrs. hel'
ley. The witness told him there was a
machine that had belonged 10 Mrs. kel-
ley, which hi. wife had bought from
her. This man replied that there was
sl2 due on the machine, and If it was
not paid the Company would nave tc
take il away. -,
The witness refused to pay TINS
money, andreterred him TO Mr.. Pritch.
ttt, The same man came back III apo''
two weeks, and said the Company were
willing to settl" for $40, and he q gam
referred him to Mr.. pritchctt. "A snort
time afterwards the Sheriff came and
asked for the machine, and the witness
i tod Tim that it was III the room, anu
AND he could 60 IN and take IT, Inc
Sh"Iili then took the machine away.
The witness was subjected to long
ana searching cros,-c%an''natloi' ny
MI Lore, during (which he adiiit'"l
tllat Mr. Pritchttt had advised nm h"'