204 THE ORCHID REVIEW. 



have to ask some questions. With respect to damages, as the plant had 

 been purchased as a young growth, and divided into two, which if true 

 would have been worth about £50 each, £100 was claimed. 



Mr. E. V. Low stated that he was a partner in the Plaintiffs' firm, 

 and had been connected with Orchid growing for twenty years. He had 

 dealt with Mr. Appleton for over ten years, and at the end of April, 1901, 

 he visited Mr. Appleton's Orchid houses at Weston-super-Mare, and was 

 shown two plants which were not in flower, for one of which he made an 

 offer. On the 10th May the plant was sent to Paddington by the 

 Defendant, and was brought from there to their establishment by one of 

 their employees. The plant was unpacked, and a wooden label was placed 

 in the pot, marked with a private mark, as was always done with their 

 choice varieties. The plant was then taken by Mr. I'Anson into the house 

 where these particular varieties were grown. The plant then had on it an 

 old flowered growth, a partially matured growth, and a break. The plant 

 remained under Mr. I'Anson's charge until the 19th of August, when he 

 himself divided it. There was then on one portion one old flowered 

 growth, and the one new growth which had matured, and on the other 

 there was one growth and a break just showing. One of the two divisions 

 was taken into the Phalaenopsis house for a few weeks, and in November 

 flowered as an ordinary insigne. He wrote to the Defendant on November 

 25th, and returned the two plants on the 28th. Before returning them he 

 sent them to Mr. H. J. Chapman to confirm his view. There was no 

 peculiarity about the Harefield Hall variety having red spots at the base of 

 the leaves, any more than any other insigne, if grown under certain condi- 

 tions. He would not expect to find the leaves slightly darker. This 

 variety came out in the autumn of 1897— it came from Northern India— 

 and was as valuable now as then, for there was a bigger demand last 

 autumn, and at a higher price. They had 21 Orchid houses, and this 

 plant was only in two of them the whole time. He examined these 

 valuable plants daily and watched their growth. He did not consider the 

 development of the growth from three to four inches in May to seven to 

 nine inches in November to be an extraordinary one, and he thought the 

 plant flowered in the natural course of events. He had never heard of 

 a mistake occurring in their Orchid houses. 



Mr. G. I'Anson said that he was foreman of the East Indian Orchid 

 department, and had been in the employ of the firm for over 25 years. He 

 •unpacked the plant when it came, saw it divided by Mr. Low, and would 

 swear that the two plants in Court were the divided plants, and those that 

 were sent to Mr. Appleton in November, but which Mr. Appleton returned. 

 There were about 30 C. insigne in that house, belonging to six or seven 

 varieties, but no common insignes and nothing with which the plants in 



