Milford chronicle., 1909-07-09
TWO LARGE LAWSUITS
BEFORE JUSTICE JOSEPH

On Friday of last week, one OF the
most interesting lawsuits that has been
held before any Justice Of the Peace IN
Milford for a long time, was that De-
tween Silas H. Hynsouas plaintlH ana
George Chester Marshall, real estate
broker. as defendant. J. Hall Ander-
son. Of Dover. acted as attorney for the
nlaintif. and Trusten P. Causey, OF
Milford and A. D. Marshall, of Dover,
were the attorneys? the defendant.
The case grew out of contract De-
tween George Chester Marshall ana
Silas H. Hynson, farm owner, OF near
Cedar Beach the latter having some-
time in 1908 listed farm with the de-
fendant under the following conditions
viz: 'That Marshall was to find pur-
chaser for the farm and consumate the
sale. aud turn over to his client SloOO
or. as much in cash and the balance
in q mortgage on the place, in given
time" Marshall in pursuance TO the
contract, found a purchaser TOT lne
farm at the price Of S2lOO, and the pur-
chaser began to pay Mr.. Marshall III
installments on the farm until Mar
shall received the sum of $2l3 90 when
the payments ceased and the purchaser
failed to comply with the conditions
of the sale; therefore the money was
considered as forfeit money. Mr. Mar
shall and Mr.. HynsOu, seemed to nave
had a verbal agreement, which III case
Of forfeit. that they should divide the
money equally. MI. Marshall however
succeeded in making a settlement win
Mr.. Hynson by giving him chech
marked in full. forone third Of the for
felt money, or $7l the other parts De-
ing divided between Mr.. Marshall anc
his employee, John {. Ward.
The case was heard in referee ira
bv consent Of their council, and th'
referees. after hearing the argument
Of the respective attorneys, end noting
the point made by the plaintlh that
recent in full though accepted by TN
ope to whom money is due does no
stand for auy more than it IN reallt.
! franresents and that receipt Tor
emaller sum where a larger sum Is due
ia no evidence Of cancellation OF IN
real Indebtedness, made award for tn
plaintiff. The report Of The referees
who were George B Hynson' Waite
pordoe and w. >. Wroten was to IN
affect that silas H HynsOn the plan
tiff il entitled to a iudgmeHt for tn
sum OF S35. 50 ard costs; or the dine
ence between ST. aud Sl06 50 or whic
was his part Of one half Of the iorie
meney OF S2l3.OO
SIMPSON vs. EVANS.
The second suit was held on oatu
dav July 8rd, before Justice Josepl
and was between VIM /. Simpson
nIaintift with W. Watson HarringtoI
Of Dover as his attorney aud Albert y
Evans defendent with J. Hall Ande
sop. of Dover as his attorney
The plaintiff brought suit for 81
against the defendant, his tenant
having taken from the farm OF Il
said plaintiff, upon moving from sa
farm some blade fodder, top fodd'
and small corn.
In the trial it was proven to oe
uaatom. that where tenants rent
me half Of the crops that upon iesVil
the farm, the blade and top fodder wi
the nuobing corn is generally cons
ered to be the tenants, ard that ne d
a right to take the same with MI
where there is no special contrse'
contrary. ,..h
Much law was quoted by botn
torneys concerning the case al is
and It was closed, the Justice deterl
his decision in the matter until W.
pesdav. On Wednesday the follow
decision was given: Non-sult'
cause for action.
Dod Wan Take Notice.