Rensselaer Union, Volume 7, Number 43, Rensselaer, Jasper County, 15 July 1875 — A Novel Lawsuit. [ARTICLE]
A Novel Lawsuit.
A novel case came up for trial in the County Court at this place on Tuesday, arising out of a written contract made byJames O. Schoonmaker and Stephen J. Case* of Kerlionkson, in which Schoonmaker agreed, should Case get married within three months, to pay one-half of the minister’s fee at the wedding, furnish a team and carriage for the bridal couple, and board the bride for six months without charge. Case, on his part, bound himself to “ use his utmost endeavors” to get married within the time specified, and if he did not comply with the terms of the contract to forfeit* a certain amount of money and damages. The contract read as follows:
Kerhonkson, April 6,1874.—T0 all whom it may concern: This is to certify that should Stephen J. Case get married within or at the expiration of three months from date, that I, James O. Schoonmaker, do promise and agree to board and lodge the wife of said Stephen J. Case for six months free of all cost, and I do also agree to board and lodge the said Stephen J. Case for the same time, six months, for $5 per week, the above agreement to commence July 7,1874. And do also agree to let the said Stephen J. Case have the use of the best team, two horses, and the carriage that I own for two days free of coff at any time within three months and one day from date, upon giving James O. Schoonmaker one week’s notice. And I do also agree to pay one-half of the wedding or minister’s fee for the said Stephen J. Case, said Case to use his utmost endeavors to get married within the time specified. And if it should appear that said Case fails to comply with the above, he agrees to pay for the use of the team and carriage for one day, besides damages. James O. Schoonmaker, Stephen J. C’Astf. John F. Cash, Witness. Immediately after the execution of the above instrument Case went in search of a wife. He labored zealously and traveled far, but, though a comely youth, was unsuccessful, the females of marriageable age in that section not caring to marry on so short a notice, and the consequence was that at the end of three months Case had no wife. Schoonmaker then brought an action before a Justice of the Peace, claiming S2OO damages, and the case was tried before a jury. Schoontnaker recovered judgment and the defendant appealed. When the cause came up in the CountyCourt the contract was examined by several competent lawyers, who decided that it was void and that Schoonmaker could not recover. The judgment of the lower court was then reversed, with a heavy bill of costs, which Schoonmaker will have to pay. —Kingston (AT. F.) Cor. N. T. Tribune.
—The first guano brought to this country was sent by Commodore Stewart from Peru in 1825. It attracted little notice at first, though it was used with some success in Maryland. In 1840 it was intro, duced extensively and used very advantageously in Great Britain, and ever since the demand has gone on increasing until whole islands have disappeared under the pick and- shovel, and numerous fleets laden with the precious material are navigating the seas in every direction to disburse it to all parts of the civilized world.
