Daily Republican., 1884-05-20
SUPERIOR COURT
,:,,1,sG CAsz--wAsITA a
n ',s,.p SUIT TO
RAsIaoER ssIIrovER on NOTES

rrarxIlNG CAsz--wAs.
y ''.s,.srrssIn.M'!rp::,,aos,Yr,s1 r: ,o,rs sY,1 to
Court fe,"' es Monday afternoon, WI WI, !,
stIGsi i,,,;c4 tH Compgys and Associa. al
Jalgs' S TSi. SS is the frs, time in n1aua9 JuaS
BENCH in,' ta. been able to be preseh
. q, 10, 's.nsci N"i being ready, the case %,e o
The cTafm cWafroth VS.. William NJ. cI9u, ,
HnIy, !,sn h','p M and a jury drawn: hoi OF
stsr& II M Hofecker appeasred Emmon iU'
fslsiSs fsstleaS while Lore a. Emmoh
!!Iaa,s.1n,ed !as.l1 'I,,t the defendant ,n;, 70 re
Il' Il, ls 'f four notes and a check
ni ..ju, Gu in the aggregate to a6on l
2M' /, O"' i"iut note, with Kafroth q ant
Eslas Essrig ! ths half belonging to the mrs
FsrT,'t, tn,nicb ,i it is claimed has beef
|,ip E,pS', va, SD,h J,e,lucted, leaving the tot'
aGSN. .,o o,os n the iury, Mr.
,ls,.Sar y yar'Is stated that from March, 1869
l'Vn ~, .0me time in 1913, William NJ
Ta., a.A '' who resides in Brandywin'
~J, wired, employed Henry kafroth
!. ,' pIsntih, who + a resident of Ian Ian,
MI County, Pa, to purchase cattle
''I rSIn, allowing him stated coinfhis
Ns, in the last named year, tne
,,ts, ,+ m,de a different agreement,
Fss-sbv S''..i Cloud was to pay Kafroth the
I ..ofthe cattle in money or notes, be-
~ y, r ypmoylDg hem, and then if the
y, w named, after bringing them to this
|i.y n, or NJ Philadelphia, should dispose OF
" NV "a a, profit, it was to be equally
Iy Irjis] between them, but If, on the
ss, hand, there should be a loss,
~ Nm each was 10 Dear one half. He dis.
|,m4l that any copartnership existed
tween the parties, and said that these
ss. a, which sui, is new brought
ma for cattle delivered to Cloud, ex'
M one for 500, which vas an accoH'
,s,ioD note. TIE examination OF
tn.sses was commenced for the de-
trr and Henry NJ. Washabaugh, a
rary public Of De aware County, Pa, ,
,w called to the stand, and testified
bat be had protested one of the checks,
uI'O tie best Of his knowledge and
sHei, had notified all parties con-
snrd by mail.
On crcss.exaInination Mr.. Lore en-.
avored to show by the witness
pwers to his searching questions,
bat there was some doubt about the
a,tes being notified, but the Court
Slivi that The notarial seal to the
yice Of protest, was sufficient evidence
bat the note had been protested, and
| the notary testified that it was his
|usOm to send notices the day a note
Fv allowed to 60 to protest, it was to
emppOsed that everything was done
(NdIng to law. Mr.. Lore filed his
objections to the ruling of the Court,
|nd tie witness was allowed to leave
be stand.
lhOmS f. Young was sworn, and tes-
Ftsl that he il Notary Public at the
|a'meS bank IN this city. He remem.
Eiei protesting Iote drawn in favor
Henry Kairoth, by William M.
Iold and his records showed that he
sl Notified all the parties. Mr.. Hof-
Ck4l said he would close with this
l!les', and Mr.. Lore stated the case to
ltyEy, for the deferce, and claimed
&lasse men were partners, and as
lglr'H tad a final settlement, the
NJ Tot be entertained. After
l.y s'i'LE the case he moved for a
MTWht,he motion was overruiad,
va N.hcuded his opening to the
try.
Htnv kafroth was called to the
Eana, aDd after being sworn, testified
E' lv resides in Lancaster County,
n lie cOVOh2rat"d the statement OF
NWlh%I in reference 70 his business
\ wl'h Mr. CIGud, and de |
'T' ,T tllph"'ral.g that any partnership |
y. W. 'rErHl'trd between them.
" VI cross Examination he said that he |
M ' settlement with loud, and that
.sit ~, was Sil2 due the witness, for
WI nEu I'old wrote adae bill in a pass |
"A %ll"b the witness produced in
~. .a,' S'"l' had promised to send him
-nr lyf 'lr amount, but had not kept
,tCFN' When the aote for $500 fell |
: .'oNo sent him a check for s2O5, !
a'no,e TOR $500 for the purpose of
'rNF"ihg 'r Z it, but instead of applying
aI I VT IA"t purpose, the witness had |
> S"n' " Lneln 10 secure the due bill OIL
re't.ri. Wv i'o'o "oio
10, y. i'9Ft rfoSS.exauiined the witness
=! ,yot'y, and Succ eded in showing
,ai I,ny OF the cattle died, after they
Nv w. ''9'h nm into Clouds BOSSES
., :. Te !. p"re hat the loss. Several
t' 4 u was evident that the witness
So",Yt g'4oe the searching questions
,'n, ,,I"IT' ' ny Mr.. Lore, but in every
., ""al ,nt question was repeated over
oh" AEa'" until tinalIy the answer
W. " L. BAR was sworn, and testified
e- " r' resides a. Mechanicshure, Ian.
!. 'WD1"'y' W "a, where he Keeps "a
il, IT, "e IS well acquainted with the
nj, ',i,, III ll'is suit, as they had fre.
nv ,bs,o o'opps at his house ; he had
, su, Ieu. GT"S, and on several occa-
a ~r"r' %ap h'troth say that he and
o NV, ",'e . III partnership in every.
,p~s. ", ID i" cattle, he had known of|
!. n'' "n"Fe kafroth was requested
IL ,..' 5I'' St" cattle that rarties wish.
on', n "NHn he had answered that
"A e1ri, WI, when his partner came.
al "'''''" s,T, also testified that when
ha", "v''' cattle 10 the parties, be
,0,o",i l'aid sometimes by Cloud,
ps ,,'i'eS worn by katroth when the
MI" M ".le ere taxing their cattle to phil
Ia, ," uil'ty 'ngy would stop at his house
s n.ih a. SShN, and sometimes on. Of
,1r",; '",a Ior the feed for the cattle
frei fi'I'n!'' ! the other.
kan, n !, !. Derrick>on testified th,. ha
rs ain,e ,ne accousts for the part;es
l4rs lrS"!s thought that thev wrr, ere
gas G hIlore his cross.oxamima.
is ma,ni m",l1iined, Court adjourned nm.
~ r','' '""nch Nominations.
oil i'''iCan Nomination for n r;,.