Norwich bulletin., 1921-11-04
JUDGE RESERVES DECISION IN
 SUIT OVER FLOUR BIL


 The November additional session of the superior court opened in New London Thursday with the trial of the case of Continental Sugar and Products Co vs Gregory Muskovey before Judge Allyn L. Brown.
 The plaintiff corporation alleges that Gregory, who had bakeshop in Groton under the name of Thames Bakery and confectionery store on State street, New London, under the name of Gregory Con- fectionery Co., oweI a balance of s945.12 on Dec 2s, 1913, and that as checks which MuSkovey gave in payment of this balance were subsequently protested when presented at the bank for payment, the balance is still due.
 AZ the defendant was absent, it was necessary for his counsel, Attorney Thomas E. Troland, to try to ascertain the facts in the case from the witnesses for the plaintiff, A C. Kellogg of Hart ford. formerly salesman for the Conti- mental Sugar and Products Co., and John R. Fferney of New Haven, manager of that concern. Mir. Kellogg was the first witness on the stand Under question: ing from Attorney Troland, the witness told of the sale Of the flour to Musko- vey. He admitted that the contract call ed for the delivery of flour within 50 days, but that no delivery had been made within the specified time. Most of the payments were made in a restaurant Some of the payments were made to him and some th MT. Tierney.
 Eight checks on the New London City National bank, signed by Muskovey and filled in. by Kellogg in favcor Of the Con tinentai Sugar and Products Co. were exhibited. These cheeks were dated a week apart, between Dec 23, 1919, and were for s20o with the exception of che last one, which was Tor an amount slightly less. These checks, MT Kellogg explained were to cover weekly shipments of -four to Muskovey as a part of the contract entered into the preceding Au- gft- 1 :. The contract which was entered into in August called for the delivery of flour at S12.5o Der barrel and no deliveries were made until November when prices were higher. In December witness said he thought price of flour rose to about s15 50 per barrel.
 The eight checks were taken with the 1 understanding that this course of pay 1 nDent was to be approved by the New Haven office, Mir. Kellogg said When
 he had talked the matter over with tha, office he returned the checks to MT. Mus kovey. These checks totaled the balance which was due on the payment of sui fcient four to complete the contract l C. Hadlai Hull, counsel for the plaintiff 1 in examination of the witness found tha the flour was stored in a storehouse or l Howard street Witness said that afte1 a talk with Terney he returned to Mus kovey the eight checks, which Muskovel had signed and turned over to him tC I fill out. In regard to two protested checks, one for $500 and the other fol $345.12, he said he was present with MT Tierney when Mir Muskovey was seei about the protest and he said that de 1 fendant laughed and said that he ha, 1 stopped payment on the checks but as I signed no reason for his action Abou 1 three weeks after the checks had beel protested he and MT. Tierney met MI Muskovy in Attorney HuiIs office wher Muskovey was told suit would be starte, 1 to collect the checks
 ] When Kellogg was cross examined b 1 Attorney Troland he would not adni 1 that Muskoyey had ever told him of an
 reason for stopping payment on tn | checks.
 l John R. Tierney, manager of tn 1 Continental Sugar & Products Co, eS piained various debts and credits of tn two accounts to the court He also tes 1 tffed that flour was worth about s3 nor
 per barrel in December than it was i
 August at the time the contract wa H made
 |l After MT. Tierneys testimony the d
 torneys made short arguments, afte
 which the judge took the papers, reser, ing decision