A Model charge to a jury.
--It seems to us that the following is worthy of the defunct, but never forgotten, Wonter Van Twiler:‘ If the jury believe, from the evidence, that the plaintiff and defendant were partners in the grocery, and that the plaintiff bought out the defendant and gave his note for the interest, and the defendant paid for the note by delivering to the plaintiff a cow, which he warranted was not preachy, and the warranty was broken by reason of the breachiness of the cow, and he drove the cow back and tendered her to the defendant, but the defendant refused to receive her, and the plaintiff took her home again and put a heavy yoke or poke upon her to prevent her from jumping the fence, and by reason of the yoke or poke she broke her neck and died; and if the jury further believe that the defendant's interest in the grocery was worth anything, the plaintiff's note was worthless, and the cow good for nothing either or host, the jury must out themselves how they will the case, for the Court, if she understand herself — and she thinks she does a considerable nonplus how such a ass should be exactly decided.
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