Bridgeton pioneer., 1916-04-27
Aftermath of Arthur D.
Ayars Failure.
RECEIVERS SUITS
Case Took rlost of the Day and
Yesterday Afternoon the Judge
Said He Would Decide.


Howard Carrow, jury was drawn to
try three cases which are to be tried
together These cases are of more
Importance than at first would ap-
pear. They are Richard M. More and
others, receivers, against Charles G.
Richards, Simon Miner and Charles
Silver.
James S. Ware appeared for the
plaintiff and Henry S. Alvord for the
defendant
Walter H. Bacon and VIM. A Logue
are associated with Mr.. Ware in the
trial of these cases.
The case was opened by Mr.. Bacon,
who said that the suit is brought to
recover for fertilizers sold to the de-
PENDANTS by the B. S. Ayres & Sons
Company, and these fertilizers thus
sold have not been paid for.
The B. S: Ayres & Sons Company
failed, and the plaintiffs are receivers
for that company. The claim is actu-
ally for the benefit of the j. E. Ty-
CERT Co. who claim that the fertilizer
belonged to them that Ayres & Sons
Company was merely their selling
agent.
The defense was stated by Mr.. AL.
word to be that the defendants had
lost their crops OF tomatoes by the
| failure of the B. S Ayres & Co., an6
therefore suffered damage, and the
counter claims of the defendants are
much greater.
They had grown large crops of to.
matoes that year, but because of the
failure of Ayres & Son Co. their to.
matoes were thrown on their hands
and they could not dispose of them.
Geo. B. NJ. Schiller, fprmeNy a
| bookkeeper in the Office of the can
ming plant of B. S. Ayres & Sons Co.
was called to testify as to sales OF
fertilizers sold to Charles G. Rich
ards, to Simon Miner and Charles
Silver. He identified a salesbook as
| the one used in making sales to these
defendants.
Jacob D. Sapp, Of Monroeville, a
salesman for the Ayres Company, tes-
titled that he sold fertilizers to
Richards, Miner and to Silver. The
goods came to Monroeville in cars
from the Tygert Co. and he notified
the parties of the arrival of the ferti-
lizers and they came to the car to get
it.
The fertilizer orders were on the
backs of contracts made with the buy
ers for tomatoes for the Ayres & Son
Miss Clara Garrison was called to
verify entries in the farmers ledger,
in which those accounts were kept
Plaintiff rested.
Chas. G. Richards called by the de-
tense, testified that in 1923 he re-
sided near Iona, about miles from
Monroeville. He said he had con-
tracted to grow tomatoes for Ayres
& Son Co., and they gave him fertiliz-
sers to grow them with.
He testified that his lands produced
81 to 10 tons of fine tomatoes in
1913; that the failure of the Ayres &
Sons Co. caused a large acreage Of
tomatoes to be thrown upon the mar
ket.
The amount claimed against the
defendant is for $439.33 and he has
filed a claim against this of $55.67
above that amount.
Simon Miner, one of the defend
ants called. had signed an agreement
to grow Is acres of tomatoes for
Ayres & Sons Co. in 1913. His crop
produced 8 or 10 tons per acre. Sold
none to the Ayres & Son Co., had
big crop, and the company busted"
before he could get them in. He lost
his crop. He sold about 25 tons and
lost 100 tons.
His claim is s1,155, less fertilizer
bill against him of 1864, leaving about
1921 claimed in his favor.
Charles Silver, sworn, the last of
the defendants, testified that he had
signed contract to grow 10 acres of
tomatoes in 1913 for Ayres & Son Co.
Did not deliver any to Ayres & Son