86 



The Florists^ Review 



Fkbruarx 6, 1919. 



9» 



We have just received word 



that our Mr. Drevon has returned safely from Ger- 

 many, where he was a prisoner of war, and that he 

 now is giving his entire time and attention to the 

 cultivation of 



FRENCH BULBS 



at our large nurseries at 



Ollioules, Var, France 



V 



For latest information regarding the 1919 crop, for ' 

 which we are now booking orders, our American 

 customers are invited to address 



Drevon -Tegelaar & Co. 



116 Broad Street, 



NEW YORK CITY 



Mention The BeTlew when yon write. 



Statute Bules Out Evidence. 



To refute this version of the contract, 

 the defendant presented as a witness 

 its present president, who stated that 

 he heard the negotiations, and who at- 

 temj^ted to testify that the deceased 

 president of the company exacted from 

 the salesman a warranty of the seed's 

 germinating power. This testimony, the 

 court holds, was properly ruled out by 

 the trial judge, under a statute common 

 to many of the states which provides 

 that no party to a suit and no person 

 interested in its outcome shall give 

 evidence concerning any conversation 

 with a deceased person bearing on the 

 controversy, except as the conversation 

 may have been so preserved as to be 

 subject to production by the other party 

 to the suit. 



It was not expressly shown that the 

 witness was interested personally in the 

 outcome of the suit within the meaning 

 of the statute referred to, but the court 

 found that, in the absence of direct 

 evidence to the contrary, it must be 

 presumed that he was so interested as a 

 stockholder. As the laws of the state 

 required that the president be a director 

 and that the directors be stockholders 

 of the defendant corporation, it must be 

 inferred that the witness, being presi- 

 dent of the company, was also a stock- 

 holder. 



Purpose of the Statute. 



The purpose of the statute which for- 

 bids one party to offer testimony against 

 his adversary based on what some de- 

 ceased person has said is to prevent a 

 tendency to perjury which would exist 

 were a living person permitted to de- 



GLADIOLI 



NEW TRADE UST READY 

 JOHN LEWIS CHILDS, Inc. 



FLOWERFIELD, L. L, N. Y. 



GLADIOLI ARD DAHLIAS 



Send for List 



B. HAHNOND TRACY, Inc. 



Cedar Acres WENHAM, MASS. 



GOOD, CLEAN SEED 



Stratagem Peas 



14C A POUND 



Los Robles Garden, 



SANTA CRUZ, 

 CALIFORNIA 



DANISH SEED IMPORT 



Import of aU klnda of Seeds direct from seed 

 growers in Denmark. Pleaae send for price list. 



Chr. Mo*bi«ra. 216 7th St. N.. MJsstsMHt. Miss. 



clare in his own interest that something 

 had been said by a person whose lips 

 have been sealed by death. 



Considered from another angle, it may 

 seem an unjust result that the plaintiff's 

 salesman was permitted to state what 

 passed between him and the defendant's 

 deceased president, while a surviving 

 representative of the defendant is de- 

 nied the right to testify to what he 

 heard pass between the two. But the 



SELECTED TOMATO SEED 



(About 9000 Seeds to the Ooaco) 



EXCELSIOR (new), Ailsa Crais x Lister's 

 Prolific, the best all-round Tomato. A size 

 larger than Craig, does not split, Ck)met color 

 and firmness, travels well; packs nearly all 

 best; short-Jointed and carrying 9th and 10th 

 trasses well. S20.00 per oz., $5.25 per H oz. 



DUKE'S PROLIFIC (new), outdoor variety, 

 stands wet well. Seed fruit picked outdoors 

 end July. S20.00 per oz,. $5.25 per ^ oz. 



Also AILSA CRAIG, FILLBASKET. MKT. 

 KING, WATER BABY, GEM. and KON- 

 DINE RED (smooth var.). These two latter 

 very good outside. S5.00 per oz., %'2JiO per 

 H oz.. $1.50 per ^ oz. 



YEARLING SEED of these older varieties. 

 $2.50 per oz., S1.50 per ^ oz., 80c per ^ oz. 

 CASH WITH ORD£R 



T. CATHERWOOD, Grower, ^'n^rUeSl? 



HORNCHURCh, ESSEX, ENO. 



law has seen fit to accord more credit 

 to the veracity of a salesman who has 

 no pecuniary interest in the result of a 

 suit than to the statements of an ad- 

 verse or interested party or witness, as 

 an abstract proposition, without any 



