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1 Elbridge G. Phelps, Respondent, against Hiram Gee, Appellant 1882

handle is hein.trials/abia0001 and id is 1 raw text is: Auvreme court* SUPREME COURT. ELBRIDGE G. PHELPS' Respondent, AGAINST Appellan's Points. HIRAM GEE, p Appellant.3 STATEMENT. This action was brought in the Tompkins County Court. The plaintiff alleges that the defendant employed him to take from the possession of one Mrs. Hunt (also called Mrs. Corvell) a cutter and robe and deliver them to defendant, (he claiming to be the owner thereof), and promised and agreed to indemnify and save him harm- less from all damages, costs, &c., incurred in and by rea- son of such taking and delivery ; and to pay him for his services. That he took the property and delivered it as requested ; was sued by the said Hunt, a recovery bad and the judgment paid by him. Fols. 147 to 156. The defendant denies each and every of the allegations aforesaid, and pleads a former suit pending for the same alleged cause of action. Fols. 158 to 163. The plaintiff testified that in January, 1881, he saw defendant in company with one W. E. Osmun. The lat- ter told him that the defendant had a bill of sale of

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