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

MAY rERM-SEw CASTLE COUNTY COURTS,


timore. II. X. Co., re .umed.
Mr.. E:.yard clo-ed to the ju-y in an eloquent
and forciole argcneat the Corr charged the
j. = upon the po-nti OF lay involved and after
tuined verdict for the plaintiff, With $4,000 dam
a,e5.
Iayard and wf;teley 70. the plaintiff /; Gordon
and Har..o 5ton for the defendant.
Adam; rs. WI -,son.--Cont ,nued upon applica-
tioa Of The council for the defendant, Mr.. Write
ley, on the grornd Of the alb .ence of a material
x.:ne.I from the State. Pecemptory ille for
'rsl at next term. Bird for the .piaiatiif.
U-e of A. ,gaee1 Of D. Lamott, Jr., us James
Dowawa d & soa.-Continued upoa application
of Mr.. Lore, coun .el for defendant, on the
grodrd OF tue ce OF one defendent, Mr.. Har-
i'lg.ou, for pls' ,tifs, con4ent' n5.
+ N, S,sip 90 Il Co., Us. Franklin Fell
Action a-.snp it, for work and labor done.
The te- nony for the plaintiff proved the fol-
In i fr ind " ,ter Of 1867 the plaintiffs re-
paired N for the defendant, on + s premi ,es,
in il, q H. / ANA Hrns ed Before ore the the completion
been pre-, or,y de i.oyed by fire, were con-
demned by Samuel Sloan, the arci sect Of the
defendant. 1ne walls were then toil doW a by
the pl. 'iiffs at the reque Of the defe idant,
wiussr. When the new wa 8 were p.-ly br' :, the
pla a. iss, fea y thei work would be damaged
by the eve...y of the weather, ordered their
worlme TO de i t unit, the lea on shor' abate.
LII Ia Itt VIZ COt ltei al.sIutu Dy uel6nuFub
who wa anxious to have the job completed, and
ths work then proceeded. the .walll sub-e-
quently were matei.a' y damaged by the fro-t
and fe" to the .g.ornd. tb'rd contract was
tiffs alao ccntended that the matei ais fl nshed
by the defe ldant under ~ contract, were Of an
infe, or NAT o.
Wi.tten a.ieementi between the parties were
proved and offered III ,dsnce to Il ju..
Mr. Gordon, for The p)aiatitfs, n s oper;ng
to the jr-., cl.ined q dams yeJ the amor 1t Of
wofS up N the fiji : end &. d contract, and an
i1.Ilment of 81 $50 reniai o9 unpaid upon tho
hecoad coat:act, N-,h 'ntese J.
The defence ". a sci off against the claim
under H.: eqce IL ,reement with .he plaintiffs.
u 8 agreement Y ..teu) W. admitted n e,s-
dence by ire Cor ssfier elaborate aloumentEby
Mr.. Goiaon. fr TIE i IA iiiSs, and Me -rs. Brad
ford and H =, rs, for the defendant.
The e1ecrilol " this ,ieeTeos by the entire
FIJI plc 't;fs, VIZ delied by the counsel, and
an exception taken 10 is at ps ib ty to the
jr'.'.
AT o'c k the Co adjourned r1til Thursday
mornin~.
Finn, Simpson & Co., ps. Franf'in Fell, re-
sumed.-Evidence for defence.
Samuel Sioan-Testi6ed that he was an archi-
tect residing in Pl "adelql a ; he fl 1ished the
plans and specifications of The work done ; was
chosen referee by the pa. les to the suit. A set
tenlent was attempted in the Office Of the witness
in which bi' were pfesen' ed on both sides, and
items discussed, a'owed aud stricken .out. The
settlement failed by .he re lsal of Mr.. Simpson
to consent OF one item.
VIM. g. Fell, son of the defendant, proved the
quality of lumber vanished. Detailed conver-
saton between Finn and defendant, in which the
foi .ner admitted that the plaintiffs were liable for
the fa', of the mi" and would restore it. Finn
asked for, and received $1,000 on account of tho
work, giving j. I. Cause as security, and then q
third contract was signed by Finn on the part Of
the film.
VIM Simpson. fai .ner Of defendant, testified
that sant OF The plaintiffs fed their horses
with corn and hay at bis expense, and that qf the
defendant.
Ju reply, Abner Hol'' igswoi III testified that he
was Couu,y Commit ioner n 1857 that the
plaintiffs did the mas, ~ of publ: bi id3e, and
directed vitnes o hal tome ilbbish from the
| mil of defendant. to IL in. Witness was denied
| the material by NJ. Fe'i.
JOIN Bradley removed the rubbish Of the old
mill by Mr.; Fe''s ,ec,ion.
| Mr.. Gordon ar2aed the case to the Court, and
opened to the jay; Messrs. Bradford and Hig-
gins rop'ed to the defendant, aud Mr.. Gordon
closed.
The hearing of ti';s case occupied the entire
day, and at o'clock the Cor t adjourned until
Friday MOI ling.
thoAY.
Finn, Simpson & Co. Us. Franklin Fell resum-
ed. Judge Houston delivered the charge TO the
| jr Y, who returned a verdict for the plaintiff
with 80 1884 DAMAGE.
State, use Robert H. Groff Us. VIM. j. Lank,
Richard Tow lsend, Alexander Flemmings and
W lam Faulkner This was suit brought
ayainft the su-ities upon Constable's official
bold for the dereliction of duty Of the principal,
VIII. j. Lank.
The testimony for the plaintiff showed that an
| attachment was Issued by Justice Of the Peace,
against the goodl and chattels of the plaintiff at
| tie sr't of Richard Tow lsend. The attachment
,a3 subsequently di- .olved by entering security,
and the proceeds of the Constables sale demand
l al l& &1,n, a,,,ttT o,,1 80
al proved that the sale was irregularly conduc.
| ted. Motion by Mr.. Gordon for the defendant
for non suit. Refused by the Court.
Evidence wal given for the defendants to prove
the regularity of the sale, according to law.
Cor-t charged, and verdict for plaintiff with IS
damages.
Harrington for plaintiff Gordon for defend
| ants.
Wallace, Curtis & Co. u.s. Charles H Gallagher
Of the late firm of Geo. D. Thompson & Co.
This was an action on proni53ory note for 5000
v.th interest, from Aprl 21st, 1869. A set-off of
i S352.51 was proved by tLe defendant, and ver-
d',t for plaintiff for 2S6:49, w.1 agreed upon by
the counsel, and 80 rendered by the jury. Cor
don for plaintiff; Patterson for defendant.
Joseph Q. Bryer garnishee, of David W. Chan
der d. b. a., Us. VIM S. Chandler, p. b. r. d. w.
Chandler had confessed sr1d,y judgments on
promi1sory notes before Justice of the Peace,
to VIM. S. Chandler, who attached the plaintiff
in this suit az gflli3hee, who returned that he
had no funds in bis hands, belonging to the for
mer. There were five suits of this nature, the
consolidated claims Of WI ich amounted to $780,
4S and it was agreed by the counsel, that one
verdict should be tcken for all.
Mr.. Gordon for plaintiff.
MIR. Bryer propo-ed to inquire into the validity
of the judgments as obtained in the Court below.
Mr.. Lore objected. The Court ruled that the
Judgment could not be opened or vacated in this
sr't; but that if obtained by frud or without
legal consideration, the remedy must be laid IN
Clancery
Dl Jer in dispute OF book account on which the
claim of Chand er was based Mr. Gordon
opened to the jury. AT lix o'clock the Court ad-
jou,ned until satr day morning.
SATURDAY. 7-.
Bryer Us. Chandler resumed.-Mr. Gordon re-
piled for plaintiff, and Mr.. Lore closed. Verdict
for defendant, in this suit with $3.50 damages.
James +. Pennington, u.s. John Brothers
Action of replevin for a mare.
The testimony for the plaintiff proved that ir
June 1869, the plaintiff purchased the property
in dispute from the defendant for the sum of s7s
paying 50 cash, and giving due bill for the re-
mander, which it was agreed would mature i1
five days afterward. At the expiration of this
time, the money was not paid, and the defendant
went to the premises of the plaintiff and carried
OFF the mare. 1t was then replevied by the
| plaintiff, and is now in his possession. The
plaintiff subsequently paid the sum remaining
due to condition of the defendant in garnish
| ment attachment.
The defendant alleged that the contract was
conditional and the yesting Of the title of the
property in the plaintiff was contingent upon the
payment of the money at the time promised
This was not satisfactorily proven in evidence, and
after charge by the Court, the jury returned q
verdict for the plaintiff with six cents damages
, Gray for plaintiff ]. II. Rodney for defendant
i James Leach, MS. Francis Il. Rumford. Thi,
action was brought by the plaintiff, who was the
father-in-law of the defendant, for the services
of board, lodging, nursing, medical attendance
and funeral expenses, bestowed upon the wife oi
the latter, also the daughter of the former. Tht
amount of claims was S61650.
The evidence showed that the wife of the do
! fendant visited her fathers house in a delicate
T condition of health and died there after an ill
! ness of eight weeks during which time the ser
, vices mentioned were performed without remu
neration. 1t was also proven that a child Of the
defendants accompanied the mother, and re-
mained also in a delicate state of health at the
grandfathers house about IS months. At the
end of this time, the defendant reclaimed il
under writ of hdJeds corpus. Evidence was
given that the detention of the child in the first
Instance was with the consent of the father, who
promised that if taken from their custody, all ex
penses Of maintenance would be paid.
No witnesses were produced by the defendant
who denied these allegations, and relied upon
.,Ia