Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-02-12
THE COURT OF COMMON PLEAS.

The first half of the spring term OF
the court Of common pleas for York
county, which has been in session since
February 1, adjourned yesterday after
noon and Judge Klugh left last night
for his home in Abbeville. He goes to
Winnsboro next Monday and returns to
Yorkville in April to finish the work OF
the term,
When Tuesdays issue Of The En-
auirer went to press, the court was
Engaged on the case Of the savir
Bank of Fort Mill against Alexander
Sprunt & Sons, a suit for $1,000 bal
ance due on bills of lading. A repre-
sentative of Alexander Sprunt & Sons,
had been doing business for them
through the bank. While 1t seems that
there had been no definite understand
ing between the plaintiff and defendant
as to the status Of the agent, there had
been sufficient number Of transactions
to establish the relationship of the de-
fendant as principal. Finally, the agent
made some shipments that failed to
net profits to his principal and the
principal declined to make good the
money advanced by the bank. The
dispute seems to have been over the
actual status Of the agent in his rela-
ton to the defendant The jury found
for the plaintiff in the full amount sued
for Spencers & Dunlap for plaintir;
Messrs. ]. H. Marion and ]. s. Brice
for defendant.
The next cases taken up were those
Of Walter Quinn, plaintiff, and j. II.
Quinn, plaintiff, against C. B. McFad-
den, defendant.
BY consent, both Of these cases were
tried together. The complaint In the
first case alleged that defendant, by the
reckless manner in which he drove his
automobile, caused the mule which
plaintiff was driving to run off and In
fiicted personal injuries upon plaintin
TO the extent Of $500. The second ac-
ton was by ]. H. Quinn for 5000 for
damages to the buggy in which Walter
Quinn was riding, ]. H. Quinn being
the owner Of the mule and buggy, and
for frightening and injuring the mule
to such an extent that he has been
spoiled and made unsafe to drive. The
defendant entered a general denial and
alleged contributory negligence. In the
case of Walter Quinn, the jury found
for the defendant, and made mistrial
in the case Of ]. H. Quinn. Mr.. T. F.
Mellow for plaintiff; Messrs. Spencers
and Dunlap for defendant
The next case was that OF the west
ern Manufacturing company, VS.. the
Hill Banking and Mercantile company.
The plaintiff, corporation under the
laws Of the state of Minnesota, alleged
that it sold jewelry to the defendant
to the value Of s135, and the suit was
to compel payment. The defendant
denied ever having ordered jewelry
from plaintiff, and alleged that If Its
name appeared to any contract Tor
jewelry or other goods, the said name
was put there by some party other than
the defendant and without the defend
ants consent. The jury found for the
defendant. Mr. T. F. McDow for plain
tiff; Mr.. w. w. Lewis for defendant.
The last case taken up was that of
w. ]. Shelton VS.. the Southern Rail-
way, South Carolina and Georgia Ex-
tension division. Thi vas - suit for
personal injuries alleged to have been
sustained by the derailment Of freight
train, in Kershaw county about four
years ago. Plaintiff set up that he was