The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-01-22
JURY SAW THE Gowx TRIED on.
Waist wouldn't Button Around Mrs.
Lithauer, but They Decided Against Her.

Waist Wouldn't Button Around Mrs.
Lithauer, but They Decided Against Her.
Catherine MAYER. a dressmaker. OF 124 East
Fifty-ninth street. brought suit In the York
vile Municipal Court yesterday against Mrs.
MolIie Lithauer for S75. the alleged value OF a
gray silk gown. The plaintiff said that Mrs.
Lithauer called on her last May and left or
dera for the dress with designs for the em-
broidery that was to be put on It and direc-
lions as to the shade Of color. She called sew
eral times afterward to try on the garment.
The last time she called. the plaintiff said.
was on juno %. when the gown was completed.
except TO sew on the sleeves and the collar.
Since then Mrs. Litbauer had refused to take
the gown or 10 pay for 1t. The dress fitted per-
fectly. the maker said.
Mrs. Lithauer. who said she lived with her
husband. Lawyer Leo Lithauer. at the Hotel
st. Lorenz. in Lexington avenue. testified that
the reason she did not take the dress was that
it was not made according to her directions.
nor did it ft her.
Il ordered silver embroidery in the shape OF
q V on the front and back OF the waist" she
said. When, the embroidery was put, on, IL
! looked moro like a U than a ', and had a lot
Of little eurl e TIIi, on each s.de bn whereas SHe ss,d /
she would not change it. Besides the dress
was too tight"
lowed to put on the dress to show the jury
men that It did not Mt.
TT may not fit now, as the defendant may
have grown Rtouter since June. responded the
Mrs. Lithauer said that her weight. about
100 pounds, was about the same as IL was last
summer Justice John b. Mexican directed
her to &c, into an qnteroom and put on the
outside the door. After a time the interpre-
ter returned and announced that, the defend
ant wanted to show the dress in the ante
rs the dress one of those fashionable low
necked ones?' asked the Justice.
NO. sir" was the answer.
Then she must come INTO court the JUS
III The n went back to the room and In
ten minutes returned to the court,
Your Honor. she saws she won't como into
the W SRyfr nosP" asked Re JueaceeMI icKean.
She says she has pulled on three opttGns.
6Srs 9rs 69gs 6ut sbe sae e aad The WAIST waist 70 or meet
by several inches. and she don't want TO come
Into court in that way" the Interpreter ex-
whether the dress tlts" remarked the JgItict
look at her., They appear to be married mel
n Hf efiSSeteeir preter consulted the defendant and
returned with the answer that she had no oh,
lection. The iurymen and. the lawyers went
Into the room and the defendant binshed az
some lace and a pale:blue corset. The jury
men were embarrassed. too. and after q hasty
ing. When all had returned to the court
room the plainIif,s counsel said that, IL was
defendant in June would not 1T her In January.
she has grown sttopter, as most people take
sides. she has on thicket corsets and other
The defendant said she didn't think she had
become any stouter than she was last June,
The jury must decide that said Justice
After argument by counsel for both sides
the Jury retired. and In half an hour brought
Ia q verdict for the plaintiff for the full amount.