The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1899-03-30

FIRST OF MUSTARD SEED CASES IS
WON BY THE DEFENSE.
NO EVIDENCE OF "A WARRANT
The Judge Speaks at Length on the Legal
Points of Case and Urges That It be
Carried to Supreme Court to Secure
an Opinion for Future Rulings.

The Mustard seed case of Martin l.
Hoffman vs.. Robert Dixon, which has
been occupying the attention of the
Circuit Court for the past few days, was
ended this morning when Judge Fish
rendered a decision granting the de-
PENDANT a non suit on the grounds that
the defendant had not given to Hoffman
any warrant that the seed he had sold
him was rape seed.
The causes of the suit are so we'll
known that it is unnecessary to repeat
them. The suit was brought by HOtf-
man to secure damages from Dixon on
the grounds that he sold him mustard
seed with the understanding that it
was rape seed
The case was perhaps the most Pc
culiar action Of civil nature ever
tried in Kenosha county and it has at
tracted no little attention in all parts of
the state. As soon as the suits were
| filed the best legal talent in the state
was secured to handle them and
throughout the trial every legal point
has been hotly contested on both
sides. Will Quarles, who appeared for
the defense, took more than a special
| interest in the case, as it was the first
case he had ever tried in the Circuit
Court where his father has won so
many merited laurels, and the young
attorney may well be proud of the
magnificent case be has presented dur
ing the few days. In order to be fully
acquainted with the nature of the seed
which was the innocent cause of the
suit for damages, Mr.. Quarles took a
quantity Of the seed and developed it to
maturity in order to be certain that the
seed could not be known species of
rape seed which is very similar to the
seed of the wild mustard with which
the fields of the farmers were overrun.
| The results of these interesting expert
ments were not introduced at the trial,
as the defense took an entirely different
method Of procedure than was antici-
pated by their opponents, and as soon
as the testimony of the plaintiff was
| com pleted Mr.. Quarles made hismotiOn
for non suit on the grounds that the
farmer when he purchased theseed had
perfect right to examine and test it
and the evidence showed that this was
the case He asked for non suit also
on the grounds that the seed had not
been warranted by Dixon when he sold
it and claimed, therefore, that the
stuff was bought at the risk of the pur-
chasers. The attorneysin citing cases
on the legal points of the non suit were
not able to find anything in the legal
history of Wisconsin which presented a
parallel case. The case drew large
number of country people to the Court
House during the time it was on trial
and many attorneys from surrounding
cities we're present when the question
of non suit was decided this morning.
The opinion of the Judge was a
lengthy one and touched every point
and case which had been cited either
for or against the motion. After he had
given his decision the Judge urged
that the case be carried to the
Supreme Court of the state, in order
that an opinion might be secured for
guidance in similar cases in the future.
The case will be appealed at once and
pending the decision of the higher
courts, the similar cases brought by
Anton Schlax and Henry Runkel will
be continued from term to term.