The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-08
FIFTY THOUSAND
HEADS OF CABBAGE
Suit TO Recover Their Value Was Tried
10 Common Pleas Yesterday.
THEY GIVE DIFFERENT REASONS
Truck Dealers Say the Cabbages Were
Refused Because There Was n
slump in the Market, aud Commis-
sion Merchant Says lie Would Not
Take Them Because They We're Not
Good--Insursnce Policy Which No
One Wanted.

Fifty thousand heads of cabbage
were the casus belli in an interesting
suit before Judge Simonton in common
pleas yesterday. Rutland & England,
OF Alton, Chenango county, N. Y.
were the plaintiffs, and John l.. Hull,
of this city, the defendant
1t is claimed by the plaintiffs that
Mr.. Hull, who Is a commission mer-
chant, contracted for their ten acre
field OF cabbages in 1894, agreeing to
pay them four and one-fourth cents
for each head that would weigh s
pounds or over and two and one-eighth
cents for such heads as would weigh
between two and one-half and five
pounds. When the cabbages We're
ready for shipment Mr.. Hull was no.
titled and he ordered them to begin
sending them. After two car loads had
been shipped word was sent not to ship
any more. The plaintiffs were left with
ten acres of cabbage on their hands
and being unable to find another mar
ket had to suffer the loss of the whole
lot, some $4,000 in all
They alleGe that q slump in the mar
ket caused Mr.. Hull to cancel his con-
tract NIr. Hull says the cabbages,
were not of good quality. On this
latter question the case hinges.
Attorney a. n. Wales, of Bingham
ton, and Carpenter & Fleitz are coun-
sci for the plaintiffs. Major Everett
Warren is looking after the defense.
THE SAME PRINCIPLE.
Before Judge Edwards there was
tried case in which the same prin-
ciple was involved, the main difference
of detail being that it was an insur-
ance policy that. 1t was alleged, did
not come up to the expectations.
Insurance Agent c. L. Rice was the
plaintiff and A. II. Allen, of Dunmore.
the defendant. Mr.. Allen negotiated
$1,000 tontine insurance with company
represented by Mr.. Rice. Upon Sc
curing the policy he gave his check
for $90.S5 but later on a closer scru-
tiny of it's terms, he became dissatis-
fed, stopped payment on the check and
returned the policy.
The company refused to accept the
return of the policy and suit was
brought to recover for the amount of
| the check.
Mr.. Allen claims that he was given
to understand that in case of death his
| heirs were to receive $1,000 forthwith,
! III ttSI' i lie pplCyJ HONtNtls
| covered, provided that only $500 was
to be paid outright, the $1,000 payment
! being conditioned upon it's extending
in installments over period of twenty
years. Mr.. Rice says that the terms
| Of the policy We're clearly and fully
stated to Mr.. Allen and that he en-
tered into the contract with a full
knowledge of its conditions.
| IL a ~
represented the plaintiff and John f.
Scragg the defendant. The case went
to the jury at adjournment.
IN THE JURY's HANDS.
The case of Davis against Cusick
went to the jury at II o'clock, but on
agreement had been reached at ad-
| journment.
The cases of Mccoy e Co. and the
! Caeto Cigar company against Joseph
| Levy were non-suited by Judge Gun
ster Yesterday the plaintiffs failing tc
show that the sales had been recinded
as claimed.
In the case of Megargel & Connel
against Waltz, the jury allowed the
Offset claimed by the defendant and
cut down the plaintiffs claim from $25(
to Sl9.27
\ verdict for the plaintiff in the sun
of $l,i40, principal and interest from
oct. 1, 1892, to April l, 1893. amounting
to $3.50 was awarded in the case OF
| Williams against the Crystal Lake
Water company.
Court adjourned until this morning
when there will be short session tC
receive verdicts that may be ready
There will be no trials and the cour
house offices will be closed.