Reports of Cases Adjudged and Determined in the Supreme Court of Judicature and Court for the Trial of Impeachments and Correction of Errors of the St (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ...as a witness-for the defendants, and objected to on the ground of interest, and rejected. The defendants then offered a release from Helon Mead to Starkes, and from Starkes to Mead, and from Starkes to the defendants, and from Henry Lyon to Starkes: but the judge rejected him. Soon after Starkes was put in the place of Worden, he and Coonrad and the plaintiff were together, and it was agreed that Starkes should draw the staves fromWilcox's land to the canal, and have half for drawing. The plaintiff agreed to look to the other half for his pay. They agreed that half would be sufficient to pay the plaintiff, and Smith's claim, for which Starkes was responsible. Starkes said he should hold on upon that half till Smith was paid. The plaintiffs did not object. One witness testified that he heard Coonrad say to the plaintiff, in presence of Starkes, that he had forfeited his contract, to which the plaintiff assented, but said he had a claim for money advanced. Starkes was again offered as a witness, and rejected. The judge charged the jury, that the plaintiff's action was sustained for so many staves as were delivered to him Jan. 28, 1825. Coonrad then conveyed all his title. The conversion was fully proved. That the transfer from Coonrad to Worden, and from Worden to Starkes, could have no influence, but to diminish the damages; that Worden had but a lien, and that not to exceed $126. It might be nothing. The amount was not shown. That Coonrad did not dispose of his whole interest to Worden, and the plaintiff had the residue. That Henry Lyon, if guilty, should pay the full value, as he had full notice. He submitted to them whether the plaintiff had relinquished his claim. That if the plaintiff was entitled to the property, he should recover the full value, deduct..