Middletown transcript., 1875-06-05
Proceedings Of Court.
THURSDAY, MAY n.

| luz. NC OOUIG cndIX6u tue jury ~
reference to it, and they retired. At 10
o'clock, P. NJ. they rendered verdict
for plaintiff of 6 cents.
G.. W. Ingram vs.. Thos. Massey
was then taken up. Action for COM
missions as land agent. Verdict for
plaintiff for 800 and costs.
Howard Perry vs.. John Kirkman !;
Appeal from Justice Of the Peace.
In 1873 plaintiff hired horse Of de-
fendent to 90 to Mt. Cuba. Here he
left the horse hitched all day and
towards evening he grew nervous and
on the approach of the evening train on
the W. &W. Railroad, he broke away
and ran Of tearing the carriage to
pieces. Kirkman brought his crrriage
home. had it repaired and made Perry
pay for it before Justice Of the Peace,
and Perry appealed. Verdict for Kirk
man for $77.4l.
FRIDAY. May %.
F. L. h D. R. Carnell vs. John
Guyer & Son, action is brought for the
recovery Of IS. GAL 80. The claim COD
sists 6rst of.$641. 80 for work and labor
done and goods and merchandise de-
livered and secondly. $4,000 for a
brick machine known as the Pennsyl-
vania Brick Machine, which the plain
tiffs sold to defendants under special
contract, under which contract the de-
fendants we're to pay by giving a note
of $1,000 for four months, and two
other notes of $1,000 each to be paid
within the year.
The defense in this case was the ut
ter failure of the machine in question to
perform it's work, and was continued
expense. Men came from Carnell's to
fix it without success. The most i'm
portant part was removed to Carnelrs
and had not been returned. Mr. Guyer
upon hearing that the contract was an
old one rspudiated the contract. The
defense admitted certain charges to the
amount of $3.50 The defense SUBJ
mitted to the Court that at the time of
issuing the writ the time Of the notes
had not expired and the plaintiff could
net recover.
The evidence in this case occupied
the entire day, and will probably take
up great portion Of Tomorrow morn
ing.
SATURDAY, MAY %.
A special jury was sworn 10 assess
damages in suits Of United States vs.
Anthony Reybold,-Wm. Reybold. u
and David G.. Nivin
Carnell Us. Guyer was continued,
lasting until 4 P. M, when the case
was given to the jury. Verdict for
plaintiffs for $346 and costs.
Mccullough & Russell vs. D. H.
Kent. Action for damages. Verdict
for plaintiffs for $100 and costs.
MONDAY, MAY 31st.
The first case called was Campbell and
Cottingham, d. b a. vs.. Evan W.
Lewis. p. b. r. This was an appeal
from Justice of the Peace. The action
was for damage done to a carriage
hired BY Lewis to Campbell and Cot
tingham. The appellants had admitted
the damage but refused to pay the bill
of repairs. The amount claimed was
$50. and the jury returned verdict Of
$66.
The next case called was A. M.
Quinby l. Co., VS.. Mayor and Council
of City of Wilmington, owner, and W.
H. Foulk contractor. Sci Fa Sur
mechanics lien.
The main point in this case is as
follows: Whether when note is
given by a contractor for materials |
furnished and such note runs beyond
the time when mechanics lien could
be entered the holder can enter the lien
and abiding the lapse Of time for which |
the note ia given, upon its dishonor
proceed under the lien Amount
claimed, $441.1l, and interest from
January 1st, 1874 The material was
ordered by Mr.. Foulk as contractor
for the purpose Of fixing the City Mill
and the plaintiffs have thus double
security.
In the case Of Hollister vs.. Arm
strong. George W Gray, Esq, on the
part Of tbs defendant filled reasons for
q new trial upon which argument will
be had sometime in the future.
TUESDAY. JUNE 1st.
Robt. McCaulley vs. Nicholas Jenny
This is an action brought for breach Of
covenant. In 1871 McCanlley enter
ed into an agreement with Nicholas
Jenny, president of the Wilmington
Rifle Club, to do the white-coating and
plastering of the buildings at Schuetzen
park az 80 cents per yard. furnishing
all material There were l ,450 yards
completed. The plaintiff brought suit
against Jenny. as an individual.
The defence was that at the time of
the making Of the contract with Robt.
McCaulley was contracted with as
President Of the Wilmington Rifle Club
under the authority Of the Rifle Club
to 10 contract as their agent. aud that
McCaulley SO understood at the time Of
mak;no The contrrct. This case was