Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1869-12-02
Now Castle County Courts.
NOVEMBER Term, 1863.

NOVEMBER TERN, 1863.
Fo, additional Court Prooeedings, zee Third Page.
| WEDNESDAY.
The case of Turner, Herbert and Raymond, VI
George g. Ceaver, was resumed. The evidenc
shows that In 1867 the defendant bought OF th
plaintiffs a Russell Thresher and Separator
| together with wagon and truck that In July G
| that year, when the threshipg season came or
plaintiffs sent different machine in lieu of th
one bargained for, which did Its work indiffer
emily, and that It was only loaned to them unit
the machine ordered could be completed. Th
plaintiffs contended that they had only loaned
to the defendant to thresh out his own crop with
and that instead Of doing that he had threshe,
for his neighhors up to the month of October
and that he has not yet returned it, although b
has another machine.
Defendant showed that during the threshinl
season Of 1867, Mr.. Raymond, one of the plain
tiffs, called upon him while tho machine was II
operation, and remarked that 1t was doing it
work we'll. Defendant replied that 1t was not
and brought some straw to show that 1t did mo-
thresh clean, and asked him when he was going
10 send the machine he bought; he repliee
shortly" Defendant asked him what he should
do with this one; he said " sell it,"
John Patterson witness for plaintiffs testified
that the Defendant was well pleased with the
machine, and at times dragged about it," and
used 1t as his own. Witness said he had made
machines and considered this good one of the
Kind. The case was argued by counsel, and oc-
cupied the attention of the Court until o'clock.
at o'clock.
The case of Nathan E. Perkins VS.. John David
son, was called and proceeded with. Action was
brought to recover SS3 80, the amount of note
given by Mr.. Davidson to Perkins, for 1900 peach
trees furnished from his nursery in the spring of
1867. The note was proved but Davidson plead
no consideration.
The evidence showed that In 1867 Mr.. Perkins
sold 10 Mr.. Davidson 2167 peach trees, which
were well packed and shipped to Delaware City
10 bundles of from 30 to 75 that they were re-
ceived on the 9th Of April, and on the 9th were
planted 10 bundles as they were received; that
on the 18th, 18Th and 10Th they were plaated,
and not one of them grew.
Mr.. Davidson's witnesses testified that they
were buried with the roots in the ground in bum
dies rs they were received, but did not recollect
whether the wrappings were taken off or not /;
they were ntedafterwards as well as any peach
trees could be-
Sewcll c. Holton testified that he was present
when some of the trees were planted, and re-
marked that they were dead and not worth
planting.
Charles E. Perkins testified that be helped to
chip the trees; he said that to plant trees in bum
dies without taking off the wrappings, would
kill them. They should be planted in rows with
the dirt packed In around the roots, only one
tree in place; that this way they would Keep
season.
Mr.. Perkins said they had sold 1900 trees of the
same lot to Mr.. Williamson in Maryland, at the
same time, and that they grew; he had seen
them during the past season, and theywere doing
WELL
Case still in progress when Court adjourned.
THURSDAY.
The jury in the case of Turner, Herbert and
vs.. George G. Cleaver, which was out
when the Court adjourned on Wednesday even
Ing, returned verdict ia favor of the plaintiffs
for six cents, and the thresher to be returned.
The argument in the case of Nathan E. Perkins
rs. John Davidson was resumed by Mr.. Gordon,
md closed by Mr. Spruance, when the Jury re-
turned verdict In favor of Nathan e. Perkins,
Ior $93.10.
The case Of Terrence Bridgeman vs.. James
Cunningham was called and jury impanneled.
Nields and Bayard for plaintiff; Gordon for de-
endant. Suit brought on violation of coven-
mt by defendant, who on the 25th of March,
1868, leased to the plaintiff tho Black Horse
Hotel, In the city of Wilmington, for 5000, and
1 plaintiff elected to do so he might buy the
property by the 1st of September, In the same
year, for $4,000 cash. The defendant, who keeps
hotel In Perryyille, Maryland, falling or refusing
% make good his part Of the covenant at the
lime specified, plaintiff claims damages for the
difference between $4,000 and the price for which
be conld have sold the property at that date.
William Silver Esq proved the signatures of
he respective parties to the covenant.
DIR. Philip NJ. Plunkett, sworn, was employed
~ Bridgcman in July to 20 and tell Cunningham
hat he was ready to perform his part of the COW
,nant, defendant said bis wife was not willing to
ign the deed, would come up In q week or SO,
md that he might induce his wife to sign Invent
gain in company with Mr.. Bridgeman and Mr..
Nieds on the first of September,saw somebody
,chind the bar, he said Mr.. q. was in the room,
We all went up stairs to the sitting room, saw Mrs
cunningham there, Mr. Bridgeman said he came
With the deed and money for the property, she
nj In xpaa anI nt.~ a.
whether we could see Mr. G., she said she would
70 and see, said he was suffering with pains in
he head came back and said Mr.. G. would sec
hem, went towards the room, Mrs. G. went in
md met us at the door, told us Mr.. G. would not
ee them, heard voice In the inside say "shut
he door," think it was Cunningham's voice.
While in the sitting room rendered Mrs. G. the
Iced and the money, she went to Mr.. C.s' room
'efore ii was all counted.
Philip Plunkett sworn-Know Bridgeman and
know that Bridgeman raised the
money; loaned him $2500 in Delaware Railroad
'onds; seen Mr.. q. in my office in July; he said
e had sold Bridgeman the property too low, on
ccount of the Reading Railroad depot being
lear it; he said it was worth $4,000; believe
t to be worth from S11 900 to $4,000.
Crosse -examined-Condilion of house Is good /;
oaned the money as friendly act; was to have
mortgage on the property after previous
mortgage of 90 900 when he bought the property /;
elieved Delaware r. R. stock at that time to
ave been worth 2U19 and II dollars O share own |
property in the neighborhood.
Bauduy Simmons testified to his belief that the
property of C's is worth from $40 600 to $11 900;
fould have brought that on the 1st of September,
86S.
Samuel K. Cloud swern-Am acquainted with |
he property; have been authorized to purchase |
Tor Jacob Sinex year ago Of $40 600; would |
e willing to pay $11 900 for 1t now. (Mr. Cor |
on requested witness not to leave the court as |
hey would like to deal with him.)
Samuel Barr, has known the property % or 80 |
ears; 1t would have been CHEAP year ago at |
10000 do not think 1t would be dear at $14, GOO.
Samuel Kelley aud Thomas Walter testified the |
anne In substance as Mr.. Barr.
Il. Il. Taylor produced the city assessment |
ooks. and testified TO the property being assess
d to Terrence Bridgeman for $4,000.
Joseph Pierson and Daniel 7. Hawkins testified |
D assessing th property TO Terrence Bridgeman |
,r $4,000; they considered this to be two-thirds |
he value of the property.
Evidence for plaintiff here closed.
Mr.. Gordon opened for the defence, and Off |
red to prove that on the 1st of September, 1868.
lr. Cunningham was so i'll that he was not in |
{ condition to consummate bargain and that |
g was entitled to sufficient time after the LIST OF
September; that 1t was bargain all on one |
de-a covenant without any consideration and |
nat when Mr.. c. had sufficiently recovered from |
is Illness he came to Wilmington to make good |
is part of the covenant on better terms than he |
ad before offered.
Dr. John II. Cochran sworn.-Is physician
Havre de Grace Md, aud Mr.. C's family |
hysician was called in on the list of September,
1868, to see Mr.. c.. found him in bed, suffering |
om nervous derangenent brought on by in |
,mperance; he has had the delirium; his mind |
as very much agitated; was i1capacitated from
.tending to business directed his wife to let no
ne see him gave him morphine.
Hugh F. I1assn testified to the willingness of |
[r. and Mrs. Cunningham to consummate the |
irgain on the 1st of October, and that Bridge
IAN was not then ready with the money, where
pom Cunningham had offered to take $1,000
lsh and let $4,000 stand on the property.
Jesse Sharp sworn.-Testimony objected to on
count of being special bail for the defendant.
bjection sustained.
Joseph Sharp sworn-Went with Mr.. Cunning
am TO Bridgeinans he wanted to sign the decd.
r. B. snid he would meet him at Mr.. Ms Office
VIM. Silver Esq, was called to prove the sig
nture of the parties to certain document. Doe
ment objected to, and objection sustained.
Defence closed and Mr. Nields commenced the
'gument for the plaintiff, when Court adjourned
ntil 10 O'Clock on Friday morning.
FRIDAY.
The argument in the case of Terrence Bridge
AN VS.. James Cunningham was rpsumed. by Mr. |