Samuel G. Carter & Co v. William Coleman
19 January 1818
Before Robert Carter, JP
To Recover £3..15 for Blankets delivered to the order of the deft. which he denied to have received and said he was not in the habit of sending orders for any Articles ~
Arthur Carter said he delivered a Blanket on account of the plaintiff to the order in writing of the deft which the deft. acknowledges, but denied to have received the Blankets in question —
John W. Sanders who was Store Keeper with the plaintiffs employ and who had made the entry of the delivery of the Blankets was Summons'd and Sworn, and was questioned by the Court —
| 1st. | Question | — was you in the employ of Saml. G. Carter & Co—Ansr I was — |
| 2nd. | Question | — in what capacity was you in their employ—As Storekeeper— |
| 3rd. | " | — did you make entry in the day Book of Saml. G. Carter & Co of apair Blankets delivered to the order of William Coleman on the 1st. december. Answer—Yes — |
| 4th. | " | — was Coleman adealer in the House of Saml. G. Carter & Co—Answer—he was a partial dealer in that House — |
| 5th. | " | — was you in the Habit of entering Articles ordered at the time of delivery—Answer—Yes — |
| 6th. | " | — do you recollect who the Blankets were delivered to—Answer—to Margret Moody to the best of my knowledge |
The defendant acknowledges that Margret Moody lived with him as Servant at that time, and that she was in the Habit of bringing Goods for him—and that his wife drew most of the orders in his name —
Question for deponant—prior to the entry on the 1st. of december, did you see any other orders, and by whom was the Goods delivered ~
Answer—I did see orders, and I believe the Goods ordered were Generally delivered to Margret Moody—I see orders from William Coleman for Goods subsequent to the order of the 1st. of december ~ I do not recollect to have seen any order for Blankets except the One which I entered myself ~ I was not in the habit of making entrys except for Goods delivered by myself
Question ~ did you deliver the Blankets charge[d] to Wm. Coleman on the 1st. of december 1813.
Answer ~ at this elapsed time I cannot recollect so as to be positive—to have delivered them, but I believe I delivered them otherwise I would not have charged them ~ Questions ~ in the Course of the Winter in which you was Acting as Store and Shop Keeper, did you know of any Goods delivered by yourself or Arthur Carter disputed ~ Ansr. I did not ~ Question ~ in consiquence of William Coleman sending an order for Blankets—and as he says, there being only one Blanket in the Shop and that damaged by Kats, do you recollect Blank[et]s were sent to the shop ~ Answer ~ I believe there were Blankets brought to the shop subsequent to Colemans 1st. order for Blankets ~ Question ~ was there any conversation between you and Mrs. Coleman respecting Blankets, and at what period ~ Answer ~ there was a Conversation between us prior to 1815 the subject was concerning the Blankets in question ~ and I think I desired Mrs. Coleman call at the Counting House of the plaintiffs. to refer to the day Book entry—I do no recollect that Mrs. Coleman came to the Counting House to make the enquiry ~ Since that time Mrs. Coleman did not speak to me concerning Blankets untill about aforthnight ago.
The evidence of Margret Moody, who was now at St. Johns, appearing to be necessary, ordered to lay over, untill her evidence was obtained—the deft. prayed the case as it no[w] stood may be submitted to the decision of a Jury. the parties Consenting ~
A Jury was impannelled and the whole case a set forth being laid before them—they withdrew, and after some deliberation they returned the following verdict in Writing ~
It is the opinion of the Jury, the evidence of John W. Sanders is perfectly correct, and verdict whereby given in favour of the plaintiff with Costs of Suit ~
William Teage foreman ~
Sources: PANL, GN 5/1/C/1, Ferryland, 24—26, Samuel G. Carter & Co v. William Coleman, 19 January 1818.