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of the care on Ivania railroad, t one hundred r readers ail! d the death of I down the pit ng was erects! lirection of A lent, and John . A. Mowry.of e carpenters at work was of icter and was wve from firewhich will be taken up to-day.p around the in which the lire, and the will be a sad te lots to the trade by the the structure tnense, and is We will secure y them beforetropriately ob-s of the city.Shaft.—The 'haft remains We were mis-a store was as the steam imple heat at ogines at the oisting ami a no watchman t shaft, but it ineer and fire ig shaft some to visit the the night on ts and at all ic main shaft day morning man says, he try thing was;ialf past four t, living in the it doors at a shaft was all ; man named ost, Mr. Wni light shining engine room 'bich he sup-f the pump-i first discov-Mr. George ! whs aw k lie light hin ised her hu« ihaft as i. t and found amea. Mrs. ke out abont r the pit. The b protection,* fire eatin-tnd had the tjr time it# ■peedy. At d**a to save, the immense mum ©far fk-wm ridkd twg aod theCircuit Court —The following caes on the appeal docket weredccidedjWednesday :No. 21.—Pern Mitchell, tm. Jane Gates. Judgment for appellee for $84.40— interest and costs .No. 22.—Jami Gates e*. Pcro Mitchell. Judgment for costs.No. 23.—Mark Powdi w. J. Smith Johnson. Judgment liffiimed, for $53.53.This case grew out of a transaction arising in the purchase by Powell of the house, corner of Union and George’s streets in this city, from Johnson, for which $4,500 was to be paid. The Consolidation Coal Company held two notes against Messrs Johnson and O.rick, jointly, the former’s portion of which Powell agreed to pnv The first note ran beyond maturity until Johnson’s portion of the interest thereon amounted to about $53, which Johnson paid. The second note was paid seveu months before it fell due, a discount of $53 being allowed to Powell who took up the note. A ihort time thereafter Mr. Milhol-land, of the Consolidation Company de manded of Mr. Johnson this sum, which he claimed was yet dne. Mr Johnsou paid the tnooey and brought suit against Powell to recover. The case was tried before Justice Beall, who gave judgment for Johnson.Powell’s statcmeut of the case was that he was to take Johnsou's place on the notes, and pay him the difference between tiiatsumand the #4 ,500, as the purchase money for the house. Johnson, on the other hand, claimed that Powell was to pay him the difference between $4,500 and whatever he might pay on the notes, and on this point the case hinged. Johnson’s theory of the case was confimed by the fact that he had paid to the Company the accrued interest on the fret note; which wag a strong point in his favor.The decision of the Justice in the first instance gave rise to considerable comnx nt and much feeling, many person* w ho took but a superficial view of the case denounc ing it as an absurdity, reveral lawyers •van considering it erroueous. The decision of the entire Court, therefore, affirming the judgment, is peculiarly gratifying to Justice Beail aud his many friends, in view of the aforegoiug facts.No 35.—F. C. Hall m. Peterson A Carpenter. Judgment affirmed.This last case was an appeal of Mr. Hall ag. at for the Howe Sewing Machine Co , from the decisiuu of Justice Beall, rendered about two months ago Mr. Shaw, agent for th Wheeler A Wilson Sewing Machine Co. charged that Mr. Hall had maliciously tunpered with a Sewing Machine which he bad given out on trial thereby, disarranging and injuring the machine and preventing its ready sale. After a bearing ' Justice gave a judgment in Mr. Shaw’s favor for $90, dammagee with coats. Mr. Hal) appealed from the decision of the Justice and the case came up yesterday, when aftet taking the testimony on both aides the case was argued on behalf of Mr. Shaw by Ferd. Williams Esq., and on the part of Mr Hall by S. A. Sox Esq. A1 three o’efeek the ease was gieeeteU* Jury wfco* after being abaeot abeet tea mtowtes returned a rer-dk* agnnlag tbejodfoeot of the Jostle*
Newspaper Details
Cumberland Mountain City Times
Cumberland, Maryland, US
Sat, Apr 19, 1873
Page 2
Full Page
Clipped by
Jola O.
USA 05 Oct 2023
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