Eggers

This is an appeal from an order granting the defendant’s motion for a new trial.

The facts are these: The plaintiff, a wholesale dealer in tailors’ cloths, entered into an arrangement with one Muller, a tailor, by which the former was to place with the latter in his tailoring establishment, fifty suit patterns of cloth, which the latter was to sell in the form of suits as ordered, and for which patterns of cloth he was to pay as the suits were sold. While this cloth was in the possession of Muller under this arrangement, a portion of it was attached upon the suit of a creditor of Muller, and taken into the possession of the defendant as the attaching officer. The secretary of the plaintiff, who was in its employ under a regular monthly salary, spent some time in looking up the matter of the attachment and whereabouts of the property; and he also, acting for the plaintiff, placed the matter of the recovery of the property into the hands of Mr. Samuel T. Bush, the regular attorney for the company, with instructions to retrace the goods and reclaim the property, paying him the sum of fifty dollars for his services. Upon the trial it appeared from the testimony of Mr. Bush himself…