Delaware tribune. [volume] (Wilmington, Del.) 1867-1877, 1870-05-26

MAY rsnM--NEw CASTLE COUNTY COURTS.
MONDAY

MONDAY.
In the case Of Finn, Simpson Il Co., Us. Frank
lin Fell.--Mr. Bradford, counsel for defendant,
moved for new trial. and filed his reasons. For
argument on Tuesday.
Leach, u.s. Rumford, resumed.-Mr. Harring
ton replied to the jury for the defendant, and
Mr.. Lore closed. After charge by Judge Wootten
the jury rendered verdict for the plaintiff with
six cents damages.
James H. Smith, d. b. q. Us. Ann Billany, p. b.
Of debt Torrent, on an appeal from
The testimony on the part Of the plaintiff be-
low proved that the plaintiff by lease duly exc
cuted, rented dwelling house, No. 107 East 7th
street. in Wilmington, to the defendant, from
June 25th 1868, to March 25th 1862 for the sum
Of 5000 payable in instruments, that a portion of
this sum was paid, and this action was brought
for subsequent default.
The defence Showed that in October, 1868 the
defendant vacated the premises, taking the key
with him that subsequently the key was de-
manded by the agents of the plaintiff, below, and
delivered to them that after the vacation of the
house and before the expiration OF the term, it
was advertised, by placard both for sale and rent.
These facts it was maintained constituted eviction
and surrender. Mr.. Harrington for plaintiff
below, objected that evidence of an eviction or
surrender could not be given under the issue of
nile debit, but must be pleaded specially. 0bjec-
zion overruled by the Court. After argument by
Harrington and Lore, and charged by Judge
Houston, the jury rendered verdict for the de-
PENDANT in this suit, with S106.06 damages.
Wilson x Walton vs.. VIM. Murray Judg-
ment by default nquisition Of damages in open
Court, with verdict for the plaintiff Of $1O7,70,
Lore for plaintiff.
Jacob Richardson use Of Alex Valentine Vs.
| John p. Conner. Verdict on inquisition Of dam
ages in open Court for plaintiff with $4,000 dam
ages Patterson for plaintiff.
The same vs.. Joseph @. Bryer Verdict fol
plaintiff with 1876 damages. Patterson fol
| plaintiff.
THESE cases were last remaining upon the
list open for trial, and the General Jury were
| thanked by the Chief Justice for their labors
| and discharged from further attendance at thit
| Court. At six o'clock the Court adjourned unit
Tuesday morning.
TUESDAY.
The Court met at 10 o'clock A few rules aiit
motions were heard, as customary upon the con
Guiding day Of the term.
| lin Fell.-Mr. Bradford, for defendant, argued
| tile motion for new trial, maintaining six rea
sons. Mr.. Gordon for plaintiff, replied, whei
| the former counsel ascertaning misapprehen
| sion of the charge Of the court, upon the trial
withdrew his reasons and abandoned the cause
| Mr.. Whiteey moved to set aside sheriff 3 sal
of the farm OF George McCrone, in April last OF
| the ground that the execution creditor had DC
manded payment of his mortgage in gold, whl
| bidding in currency through Mcpherson, there
| by injuring the sale of the property. Upon
| hearing of the facts, the Court confirmed tn
| sale. :,
Walton, whann & Co., os. David W. Gemmill
This case having been previously argued OF
| demurrer by counsel, the opinion Of the Cour
was delivered by Judge Wootten. In this cas-
the defendant being indebted to the plaintiffs, 81
a book account, accepted the plaintiffs draft i
favor of third person. This accepted draf
being in the possession Of the plaintiff, at tn
commencement Of the action, and overdue an
unpaid by the defendant, the plaintiff elected I
size OH the original book account, instead OF tn
draft. To this defendant objected, that tn
plaintiff should have sued upon the said draft
that the acceptance extiuguished the book az
count claim, and that no action could be man
tanned thereon, in law. The Court held that tn
draft, having been dishonored, and in the POI
session of the plaintiffs at the time of the con
mencement of the action, and, they having tci
dered themselves ready to surrender it for cal
collation. at the trial, that the plaintiffs could II
| cover.
Judgment for the plaintiffs.
/. G. Grubb for plaintiffs j. II. Rodney II
defendant
At o'clock the May term of this Court w
adjourned, sine die.