Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-07-20
!. LAW OVER Al HORSE );
Suit Over Purchase of Horse ut
Tama Promises TO ise Another
ZONES County Calf Casc.,,

Tama, July 20.-The Herald publishes
q story OF a local lawsuit as follows;
On July q. H. Maxwell and Il. f.
Treeland had sale of Nebraska horses
at the stock yards in this city. In their
sale bills the horses were represented
as being Nebraska horses, bred from
Percheron and Shire drafts, With a few
road horses. Frank DuPre attended the
sale ard bid off nine head. Before he
settled FER the horses it came to his
knowledge that the last horse he bid off
did not belong to the herd, but was put
in the sale by j.. II. Williams. who had
q short time previously bought it at an
other sale in Tama. Thereupon Mr.
DuPre declined to take this horse. NIr.
Williams, thru his attorney, Mr.. w. s.
Gallagher, at once brought suit before
Justice A. w. Guernsey for $S4. the.
i amount of Mr.. DuPrefs bid. Mr.. Du Pre-
employed the law firm of Willett &
Huber to defend. Mr.. Huber on behalf
OF the firm answered for the defendant
and so the issue was Joined on the 18th
inst, ana q jury was e;npanelled con-
gsisting of the following persons, towit:
T.. II. Stoddard. w. Is. Winders, John
Il jackson. Joseph Dolasli, G. D. Gerrishs
and A. N. Clark. The plaintiff proved
that the horse was offered for sale, that
there was absolutely no warranty of
any description on said horse and that
he was bid off by the defendant for S"a.
no part Of which had been paid. The.
defendant proved by II. Winders. the
aucticneer. and ]. L. Bracken. the clerk,
that they supposed the horse was the
property of Maxwell e F'reeland. The
defendant testified that he supposed
that the horse was the property Of
Maxwell & Free.anti. thai: he vas deal
ing with Maxwell &; Freelaad and when
he came to settle for the horses he
told this firm that he did not want
the horse in question, " iererpon they
replied they didn't care ----------------
whether he took the horse or not. We
understand that DuPre claims that he
VIVA dealing With Maxwell & Freeland
and not With Williams. that horse
that had not run with the herd was
more liable to stray away from IL: that
he might not do 90 we'll, and was more
liable TO receive injuries from the other
horses that were strange to 1t; that
even If no Warrantisa were made. he
/, stan had a right to elect from whom he
\ would buy, and fso!n what herd he
would select, and had he known that
I the horse had been bought from another
herd and was being cold by another
person that he would not have put a
bid OF any amount whatever on 1t. On
the other hand the plaintiffs theory Is
that the defendant was perfectly salts
fed with his bargain until he found out
that the plaintiff by the re- sale was
making a nice profit on the animal.
The case was trisd by the attorneys,
every inch OF the ground being carefully
contested, but the jury after being out
"a little bit over an hour brought in a
verdict for the defendant. whereupon
4 the court rendered Judgment against
plaintiff for $3.50 costs. The plaintiff
gave notice of an appeal. and who
knows but another Jones county cali
case liz under way? 1t is said tina,
the evening before the trial, the plaintiff
had concluded to take his horse home
and drop the suit, but that one Albert
Randolph urged him to go ahead with
his suit, telling him that he had sure
ttinx, etc. II outside parties were re-
quired to advance costs in cases they
egg" on they might be little less in
slgtent. We make no pretense Of know.
ing what absolute justice demanded ir
3 the above action, but this we do know
that tthia Randolph is making reputa.
ton for urging litigation against partie.
against whom he has real or imaginary
grievances. Some day large flock o.
his chickens will come home to roost. :