Franklin Common Pleas

Wednesday, Oct. 24.

The case of Henry S. Preston against Eli Chrysler came on for trial just before the adjournment of the Court on Tuesday evening—H.C. Chittenden for the plaintiff; G.G. Collins for the defendant.

The facts of the case as developed on the trial were substantially these: The plaintiff being the College of the State militia commutation tax, was handed by the defendant a United States 7-30 bond for $50, out of which to take the tax due from him and a brother of his, amounting in the aggregate to $10.80, and pay him the balance in money.  The plaintiff accepted the bond, giving the defendant a receipt for $10.80, and paying him $39.20.  But as the coupons had been cut off the bond, and as no interest was due upon it, and the principal would not be due for some time to come, the plaintiff could not turn it in at the County Treasurer’s office, for which he was making collections, as so much ready money.

The plaintiff, therefore, called upon the defendant to redeem the bond by paying him the $50, the amount for which he had received the bond as an accommodation to the defendant.  This the defendant refused or neglected to do, and the plaintiff brought suit for the recovery of the $50.

After the testimony had been concluded, and the counsel for the parties had made brief arguments, the case was submitted to the jury under the charge of the Court.  After a short consultation, they returned a verdict, find $50 due the plaintiff, and that he should return the bond in question to the defendant.

Source:  Daily Ohio Statesman, October 25, 1866.  

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