The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1915-09-25
FALL TERM OF CIRCUIT COURT

assault case set for trial here, was on
motion of w. T. Warburton, Esq, ad-
mitted to the Cecil Bar.
Tuesday.
England & Son, VS.. Logan was given
to the jury, who came into Court at
p. m. and reporting that they could
not agree, were discharged. The case
will be tried again during the present
term on day not yet set.
Back VS.. Park, from the Appeal
docket, was next tried before the
Court. The suit was brought on a
promissory note for $33 given to DR..
r. NJ. Black, Of Cecilton, by William
T. and George Park, on which $3.50
had been paid. Clayton for appellant,
W. S. Evans for the appellees. Will
liam T. Park was called and identified
his own and his brother Georges sig
nature to the note for 80 days dated
October l, 1914. He testified that his
father owed money to DR.. Black, VINO
came to him and his brother about the
debt. They did not say that they
would pay it. but would help him out.
DR.. Black called upon them again on
a Sunday morning November 81 and
told them if they did not sign the note
he would not allow their father to
move into Delaware as he purposed
doing. Mr.. Evans, for the appellees,
raised the point that as the note,
though dated October l Thursday
was signed on November s Sunday
it was therefore void The Court held,
as suit was brought on the note, the
note spoke for itself and its validity
could not be questioned by oral testi-
mony. Judgment must therefore be
rendered for the appellant CDR. Black
for $31.97.
Seller VS.. Sutton, from the Appeal
docket, was next tried before a jury.
Mr.. Seller conducted his own case and
Mr.. Clayton appeared for the appellee.
Mr.. Sutton, who was managing his
mothers farm near Perryville, bought
a Holstein COW at Sellers sale, on his
farm in Elk Neck, in September, 1914,
sold as of registered stock and war
ranted to calve in January, for S77.50
for which he gave his check. He had
the COW dehorned shortly after bring
iEg her home. He kept her about
three weeks and becoming satisfied
that she was ont as represented, nor
with call. returned her to Seller. who
would not refund her purchase price
Sutton brought suit last October be-
lore Justice Ash in Elkton, and OBJ
tanned judgment for S77.J0 from
which Seller appealed.
John +. Holt. of Union, auctioneer
at Sellers sale, was sworn and told of
selling the COW to Sutton as with calf
adm Of reading her description and
- Oh,
drawn and was offered again on Sci
ler's guarantee that she was with calf.
II. Eugene Maclie, drover, of Fair
Hill, testified that he had examined
the COW, which was sold as of register
ed Hoistein stock, and saw no signs
that she would calye about January,
but could not say she was then not
with calf. Mr. Sutton testified to
buying the cow as described and war
ranted and due to ca!Ve in January.
He had her dehorHed shortly after he
bought her. Seller about a week later
told him over the phone that he did
not sell the COW as registered or as
with calf. On Mr.. Clayton's advice
he returned the COW to Seller. George
Sutton saw the COW denorned in the
usual way. She did not lose calf
while nhis mothers farm. He heard
Seller tell his brother in North East,
after the COW was returned. that he
did not sci. her as registered or with
calf. Mrs. Seller testified that she
was able to judge and believed the COW
was with calf. Mr.. Seller testified that
all the cows he sold were registered
stock. He heard no complaint from
Sutton till he brought the COW back
dehorned. She showed signs of hav-
ing lost calf. He did not obtain the
certificate of registry from the cows
former owners in time to give it to
Mr.. Sutton before the latter returned
her He argued his own case t othe
jury who in the afternoon returned
verdict for the appellee (Sutton) for
$1,000.
Seller VS.. Adam Kobylanski and
Walter Alkoski, two cases from the
Appeal docket, were next put on trial
before a jury. Seller again conducted
his case and Mr. Mccullough appear
ed for the appe.'nes. Seller had hired
brothers-in- law. to work on his farm
for a year from March % last, giving
kobylanski $50 per month and Alkoski
Hl-. ana promising TO lufnlSn mouse
and provisions, 3 cows and 40 chick
ems, but did furnish only one cow and
Is chickens. Seller and his wife exc
cuted deed deed of his farm on
March 27, to Mrs. Rebecca Barofsky.
Of Bayonne, n. j., which was recorded
on June >. Seller paid each of the
men but one months wages, though
they worked till near the end of May,
when BarOfs5y ordered Kobvlanski to
vacate the house. Seller swore that
BarofSky was present when the men
were hired which they denied. and
that he CHARGED the money he paid
them to Barofsky as well as the smal,
amount of provisions he furnished.
He said he offered them work in North
Fast, which thew declined. Kohvlan-
ski spent the $40 paid him and S35 of
his own money to support his wife and
children. The mon sued Seller before
Justice Ash If Elkton. for what was
due them when thov left the farm,
got judgment and Seller appealed.
Wednesday.
IL - A.