Middletown transcript., 1875-06-12
Proceedings Of Court.
THURSDAY, JUNE Sd.

Kent County Railroad VS., VIM.
Wilson Massey and Gray for the cor
poration plaintiff, G.. B and J. H..
Rodney for defendant. The following
is the nature Of the case: The Kent
County Railroad is corporation created
by an act Of the Maryland Legislature
dated March 9th. 1856, which act was
afterwards altered by an amendatory
act dated February 10th, 1864. The
charter prescribed that this road should
be built from some point on the Chesa-
peake or on the Chester river, and
should extend to the Delaware bound
ary line, touching at such points as
might be deemed advisable The char
ter also empowered the organization of
this company as soon as one thousand
shares of capital stock were subscribed.
In the process Of getting subscribers
Mr.. j. B. Fenimore was appointed
agent to solicit these subscriptions.
Mr.. Fenimore called one or two meet
ings at Warwick and there stated that
if the people would subscribe literally
the road would go through Warwick
and have the terminus at Middletown.
A great many subscriptions were
obtained, among ethers that of VIM.
Wilson, for 100 shares at $25 per
share. The company was organized
with 1900 shares, representing a capi-
tai stock of over $50, 900, and George
Vickers, Esq was elected President.
1t appeared from the records of the
company that Mr.. Wilson had voted
by proxy in transacting business of the
company. The first call on the SUBJ
scription for $125,00O Mr. Wilson
paid. The road on being extended
did not 60 through Warwick and in
the direction Of Middletown, but on
the contrary was carried in the direc-
tion Of Townsend and terminated at
Massey's Cross Roads. Wilson and
other subscribers to stock in the vicin-
ity Of Warwick and Middlstown then
refused to pay up any more money on
the stock they had taken, alleging that
the railroad had failed in comply with
representations made to them by its
authorized agent, Mr.. Fenimore. name
ly, that the road should run through
Warwick and terminate at Middletown,
and that in consequence the inducement
to their subscriptions had failed. The
defendants stood upon the ground Of
legal fraud. The railroad, on the
other hand, claims that the subscription
was valid and that Mr.. Fenimore. by
his declarations, made ultra his author
ity as agent, could not bind the COM
pany. The company, by its charter,
was given the right to touch at such
points as might be advisable.
This case occupied all of Thursday
and was continued until three o'clock
Friday afternoon when the jury rem
dered verdict for the Railroad Com
pany for So, 2O5 40, and costs of suit
In the case of the Wilmington Rifle
Club Us. Geo. T Kelley for stock SUBJ
scribed to the suit of $500, the verdict
was for the plaintiff for $500; interest,
800, and costs
After disposing Of several minor
cases, at 6 P. M. the jury was dis
charged.
SATURDAY, JUNE 5th.
This being the last day of the term,
twas consumed by motions for Judg-
ment in cases brought to this term and
The hearing of causes on the argument
list.
At the Bar dinner the following let
ter was drafted, which, after being
signed by all the members of the New
Castle County Bar, was enclosed to R.
G. Cooper, Esq, Prothonotary, whose
term expires in July.
New Castle. June 5th 1875.
To RICHARD G. COOPER, Proth'y, &c,
-S1R.-The members of the Bar of
New Castle County desire to convey to
you an expression of their appreciation
If the ability, courtesy and correctness
With which you as Prothonotary of the
Superior Court Of said County have
performed your duties during the period
If ten years.
In the various services Of your Office
requiring constant attention, exact care
# the minutest details, thorough
Of the legal practice and
'orms in our Courts, you have proven
Yourself most satisfactory and faith
'ul public Office At the close your
wo terms. you retain the confidence
md warm regard of every member of
he Bar. We look forward to the close
# your term in July with sincere
egret, and shall long remember the
pleasure and assistance we have enjoy
d during the period Of our relations
Nth you.
The LICENSES. The Court acted
lpon the applications for licenses to
ell liquor, granting sixty-two and re-
using thirty-fve. After acting on the
licenses the Court adjourned.