New Britain herald., 1916-07-12

, Judge George Griswold sat in a civil 1 case this morning. The case was that ] of the Central New York Nurseries company against Vincenzo Chatalano, better known as Jimmy" Catalano of Kensington. MT Catalano also filed a counter claim for money left with Attorney A. W. UpsOn. The New York concern claimed that Catalano pur- chased peach trees from it for the sum of $50, but failed to pay. The company asks for judgment of S200. The first witness was w. K. Statler an agent of the company. He said he met Mrs. CatalanO on the road coming from New Britain in May, 1915. She told him to come to her home for an order. He did and tho woman ordered some peach trees. about 300 in number. The husband was in the yard with her at the time and Mrs. Catalano said that the prop erty was in their joint names. The goods were shipped in May of this year as was agreed, but the defend- ants had failed to pay for them. Questioned by Attorney A w. Upson, attorney for the plaintiff, the witness said he simply gets the orders and the concern does the collecting. He re-
  is sent in. Questioned by Judge F. B. Hungerford, for the defense, the agent said he did not know when the goods arrived at the Berlin depot but knew they did for he received a notification from the railroad company. Judge Hungerford objected to this and 1t was stricken out. Further question: ing revealed that the witness did not know who took the trees from the depot. The woman wanted 1000 trees, but the farm was not large enough for their planting, so the order was cut in half, at his suggestion. The order was for delivery in April or May of this year. He denied that the original name on the order had been erased. The woman signed her hus- bands name and the witness was positive she could write. later or der for fertilizer was offered as an exhibit to show that the woman could write.
 MT. Catalano said he was working in the field about year and two months ago, when Statler appeared and asked him for an order for trees. He replied he had no money but would place an order in the spring of the current year He noticed Statler
 
 posed it was simply a reminder to call later He denied his wife had given an order, saying he was alone in the field. t the time of the inter view, the agent said he would be al- lowed plenty of time to pay. He was surprised this spring, when he re- ceived a letter from Attorney Upson, asking a settlement for the bill. Ac- companied by Mrs. George Beckett a neighbor, he went to Attorney Upson's office. Previous to this Mrs. Beckett, at his behest had written to the New York concern informing them that Catalano did not want the trees. Attorney Upson agreed to try to have the company set a price the trees. Catalano said he would be willing to pay s75 for them but must have three years to pay in. He gave the attorney $3O as part payment if the company accepted his proposition and received a receipt, understanding that if the company did not agree by the follow ing Saturday, the money would be re- turned. He denied he had taken the l trees from the depot.
 Mrs Beckett said the Catalano are l neighbors and the man came to her l house and asked her to write for | peach trees. They learned that an- other company would let him have 1 800 trees for $75. The Catalanos are 1 not educated said Mrs Beckett, and | upon his request, she accom- panied l him to Attorney Upson's office. She | understood the $30 was simply left on |