Superior Court.
judge Oakley presiding.
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Drc. n.-Befs and Burton, vs. Horoho G. Licermore--
This action oil trover, brought 4ver the
value Of certain goods sold commission under the fol-
lowing circumstances :- appeared that the Plaintiffs
auctioneers occupying premises situate in Wall street
that in pursuance Of ther business they, the I'd July
last sold Defendant Madeira wine and Segars to the
amount OF $ys6 S6-that according to the terms of sale
be settled by note six months That few days
after the sale effected defendant sent for them and
they delivered the condition that the terms Of
sale should be fulfilled About week after making
applications for said note, Plaintiffs were given to
understand that his for not complying with
the terms of sale, in consequence of a previous
purchase of wine which defendant had purchased from
plaintiffs the understanding that it pure on
examination was found TO have been adulterated -
Defendant moved for nonsut on the ground that they
ed to him (defendant Verdict for plaintiff Sl0l7 81
O W. Sturtevant for plaintiff r. q Harrington for de-
fendant.