Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1897-07-23

bStoAC NAtC Sut,an~ wv - a... - -
,ermiDe whether /; came ul 10 the re-
Juired test. which il performed satis-
factorily. Messrs. Bushnell received
the engine at Keytesville IN SeP;em-
Der, and IN October executed Their
notes secured 10y chittel mortgage on
the engine and a lot OF horses and
mich COWS, the notes TO the company
amounting to 5000 and one for S7oo
TO Geo. NJ. Watson for money borrow
ed of hlm to make the 6rst payment,
making the cost of the engine $r,roo.
Messrs. Bushnell used the engine dur
ing the fall, winter and spring months
in saving wood and crushing corn. the
class Of work for which II was really
intended. with perfec; satisfaction be-
yond few minor hind5aGoes that will
always occur when inexperienced men
undertake to handle machinery Of tiis
character. When the ,hres-.ag season
came around in tire following July they
hi,chcd Il 10 S--'uCE cylinder thresh-
CT and attempted tO t..-ssh wheat.
This is a class of wCfS iJ: which the
company's agent deciaTci, ca oath the
engine was never intended and for
which they never recommend them.
Consequently the machine failed to
perform It's new duty s1,islIctOriiy and
had TO be abandoned Tor steam cr-
gine. Then the MeSsrs. Bushnell
claimed that they hau manly bought
the CINE to run 4 ssf,dratur, because Cf
The warranty by Watson, the agent,
that it would run a separator perfectly
and that it had as much power as any
Io-horsc power steam engine, aud
would run any machin: that such 10
horse power steam engine would run.
and because IL would not run the sep
arator they claimed II was cot 4 TO-
horse power engine, and thereupon
brought the engine to Keytesville and
notified the company Of the claimed
failure Of warranty, and thereupon re-
fused to pay any more OF the notes.
Mr.. Watson brought suit for the re-
covery of the $zoo he had loaned
them on the first payment to the COM
pany. That case was tried In the jus.
tees court, where the jury very
promptly found for defendants, the
Messrs. Bushnell, because Of the al.
legged fraud practiced by Watson in
procuring the contract of sale In war
ranting the engine to pub 4 separator
and do any kind Of work a Io-hoSse
power steam engine would do. Judge
Rucker in the circuit court just as
promptly instructed the jury that they
must find for the plaintiff, and in this
case tired at Salisbury before Judge
c. Hammond, special judge, there
was the same reSult-ihc jury WAS
peremptorily instructed to find for
plaintiff. As showing the bent of
iurics in cases OF this kind. tie jury
that tried this case az Salisbury last
Tuesday at first agreed 20 report a
verdict in favor OF defendants, al
though there was not particle oi evil
dence left before them by the judge
tending to prove fraud in the procure
ment of the contract. or that the en-
CINE was not a full Io-horse powe- en-
gIne, and in spite of the furtaer fact
that the only instructions given them
verdict for the Otto Gas
Engine company.
Kansas Moline Piow Co. VS.. Cecil
ct al. debt by agreement
this cause is transferred 10 circuit court
lt Keytesvlle-
In the matter of the assignment of
c. NJ. Rumsey, r. VI. Clements, as
siguee, assignment G. c. Hsumond
appointed to examine assignee's re-
port. aud make his report to this term
Of this court, Thursday, JAR ,,rd.
Report OF c. G.. HImmoad, commits
sioner, filed, taken up aad examined
md approved and assignee discharged.
Emma y. Taylor rs. John <. Tay-
or, divorce; non-suit.
Fla SHIRE, assignee, VS.. q T. Moore,