Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1884-01-16
Foster Versus Berg.

This case had its second trial in our
courts last week, and was as hotly con-
tested as has been any case tried here
for many q year. The jury last spring
found for Berg, but the plaintiff, oI
some alleged defect in the Judges
charge, took the case to the Supreme
Court and had the Judgment set aside.
This time the verdict is for Foster in
the sum of 81, 60, being s., ,050 90
with nearly nine years interest. Berg
considers the verdict an outrage, has
made q motion for q new trial and - III
fight the thing as far as possible. The
court stenographer here has written the
leading to the suit:
In April, 1875, A. B. White, of But
Ter, Pa, dealer in crude petroleum,
applied to the Bergs for the loan of
$4,000. He represented that he had
oil in the Union Pipe Line, and with
the money would purchase more oil,
which should be pledged as collateral.
A note for $4,000 at 80 days, with
clause relating to 10, 900 barrels of oil
put up as collateral, to be used, sold or
hypothecated by Bergs, and when the
note was paid to retrun like quantity
of oil, was made by A. B. White. Then
White telegraphed j. Y. Foster to
notify the pipe company to transfer the
oil. Foster telegraphed Mr.. Eastwick,
the general agent, "Place 10000 bar
rels pipeage paid oil to the credit of
John Berg IL Co., as collateral for A.
B. Whites note of $40, 200, and notify
them by wire and letter" Mr.. East
wick did notify Bergs by wire and let
ter of the transfer, and that it was col
lateral for Whites note. In Nav fol-
lowing similar transaction in regard
to loan of S., 900 on u pledge of 5000
barrels of oil was had A. B. White
got the proceeds of the $4,000 note
placed to his credit in the bank of which
Foster was cashier, and with that credit
his account was still overdrawn to a
large amount. Two DAYS atterward
Foster, without Whites knowledge or
consent, made memorandum check,
taking $4,000 from Whites and trans
ferring it to his own individual account
and permitted White to check out the
$4,000 as though it still remained to
his credit
In June and July, 1875, and before
the maturity of Whites notes the
Bergs gave three orders of 5000 bar
rels each to A. B. White for the oil
standing in their name, and White sold
the oil for sum aggregating S20;65O.
The Bergs got SIS, 900, the amount of
Whites notes, and White got the bal
ance, So, $50. In March, 1876, Foster
demande1 this oil of the Union Pipe
Company and was refused He then
sued said company, the case was tried
in Kittanning before Judge Boggs, and
resulted in verdict for the Pipe Com
pany Then Foster waited until with
in few days of six years and brought
suit against the Bergs for trover and
conversion, claiming the excess of
money was more than necessary to pay
Whites notes. The case was tried last
June before j dge Bredin. The plain
tiff asked him to instruct the jury that
the kilograms passing between Foster,
White. Eastwick and the Bergs were
prima face notice to the Bergs that the
oil was Fosters The court refused
the instruction and lett the question to
the jury to construe what Berg had q
right to believe from the kilograms
The jury found for Berg The case
went to the Supreme Court and was
reversed on the ground that it was the
duty of the Court below to say that the
kilograms were sufficient to put the
Bergs on notice that the oil was Fos-
ter's, and the case came back for q new
trial, which has just ended. The Court
instructed the jury as indicated by the
Supreme Court and also that if they
found from clear and satisfactory evi-
dence that the oil was Whites and not
Fosters, to give o verdict for defend
ant, otherwise for plaintiff for the
amount in dispute, being $5,O50, with
nearl Y nine years interest
To Close,
II