Moses v. T. PercrvaL.
Plaintiff, a native tailor, sued to recover $19, on an LO. U. given by defendant as security for a suit of black clothes.
Defendant unitted the debt, but said ho could not pay of his wages from the estate of H. A. Payot seck & Ca., in the employ of which firn he had been, "His wages were $15 per month, and $30 were now due him. The clothes were not finally delivered to him till the 2nd of the present month, and he had offered to hand them back to the plaintiff until he could Defendant expected to receive his wages on vay for them, but he refused to take them, the 15th instant, but plaintiff declined to wait fill that date before taking out the summons, The clothes had only been worn once, at
together to enable him to go and play in the whioh time they, were only lightly tacked theatre orchestra, His Hoxoor said he had seen a list of Payonseck & Co.'s creditors, but defendant name was not among them. Why had he not included his claim with the rest?
Defendant replied, because he thought Br, Whitlock, the person left in charge, intended taking over the business in another way, aid that his claim would have been then settled, Hoxovr said he would put defendant on his oath.
Defendant was accordingly sworn, and said—I have no money whatever, beyond twenty cents in my pocket. I lave none at home, nor have I any property except my clothe Defendant then reiterated part of his former statement.
Plaintiff stated that he wanted to take clothes back, but defendant would not give them up, and told him to go to the Consul, Defendant denied this, and said he was will. ing to give them up now by way of pledge til he could get the m to pay for them, When he offered this to plaintiff before, plaintiff refused to take them, or to wait a few days for payment, insisting on taking out the summons.
His Hoxovs, in giving judgment for iff for the amount d:
Text read from the printed page and cleaned; old type leaves the occasional error.