The Morning herald., 1878-11-29
; OUR jCoUNTY FCoURr..' CoUr1 ? = .

!, !, :, a.sa, oa@ eR oeUR COUNTY q q ! ! oc0UR,
rive e1NrsR1sr1Ne Cs1vn . 0l sisl!E 1eAn
ON THA ru1eHAss oSgs roTHzaerossE
1ooouaHsxTS'sw w1lta-4Rr deIANTs I'm
ssskasEDaaRA1--Eoaztv sswn11xr1x. =, i,
speeiAseo seonssTpondshoss 81 tic Hnsllti u. sa;Ic
!, ',sas,. ~'Ss ., ~ 'ai y + sezssa'psss
v Csurt opened this oRorsing. at 10
e'closks sJ1udgss, sWootsno and HosstSn ON
the bsnshe ,ss,asaio14 r d e4sdr h1ut
a Thsrs Mas netsta, Large attsndaneeE and
,psrhaaps 4 dozsn ladisas wers presents =
M the case Of Mrs. Macy lHanaun vs..
,pslswsrs Wsstsrp ], B 80, John o o'Byrns,
,Ksq, counsel for ths plaintiff, asked for, q
eontipuanes On tie ground that he iwas not
ready for q trial. owiag TO the fact that he he
had not been notified antil yesterday Mr..
Higgins was the arst counsel Of the plain
tif, bst 10 had withdrawn, % had also Nr,
Conrad, her. subsequent counsel, and ap-
plieatioa had been made to him yssterdAy
p ,sct ~ her counsel, To this he had con.
ssnteN, a she waa not represented, and was
. poor woman. He asked for . soptinuance
t ~ Monday, M n order to gsta necessary Wit,
,7Wn. @: sprusnee, iRsq., counsel for, the
defence, insisted ON the case being brought
up ut once, % his witnesses were In, attend
spce under great expense, and it, had been
previously agreed upon thst tho case would
cb6s uD. ~4La'6 Ta7gA "g0A ago aF09 .~.
| ooT The court decided shat the case must be
Rieh,rd Harrington, Esq, asked that the
caSs Of William Nay ylor VI. William Daniel
BIO brought up'atoDce, and the ckss or Mrs.
HAnnum, vs.. d. W.sR. r. Coz could come
up IN the afternoon. This, he said would
give the counsel time in that case TO get bin
witnesses ~ '' =" -
Mr.. Spruanee also objsctsd to this, but
Mr.. Harrington's request was Grsnted and
his case was called. Richard Harrington,
Esq, for plaintiff, Geo. B. Rodney, ESQ.,,
for dsfendent.' "' '''F' -" '.lI1
The case wasa peculiar one. In FehruA-
ry l, 1877, I. D. Hamilton. membtr of the
frm OF Hamilton d Cummings, doing busi-
ness In Smyrna, who were In the habit OF
getting paper discounted by DR.. VIVA
Daniels, of the same town, called on DR..
Daniel and asked for loan of money. Al
his request, Mr.. Hamilton went to Mr.Wm
Naylor and got his note; he took 1t to Dr.
Daniel who lent him the amount Of meney
called for, $k87 so, less 6 per cent. which
the law allows, and Is per cent. In addition.
The firm went into bankruptcy soon after
The first issue was whether the note was an
accommodation note. The second, whether
william Daniel discounted the note by way
of loan at q greater discount than g per
cent. The third, whether the written obli
CATION, to wit: The bond and warrant o'
attorney upon which Judgment, No. 773
Nov. T., 1915, ir the Superior Court Of New
Castle County, for 1884, real debt, &487 so,
with interest, from January 1, 1877, was
given TO the said Naylor n lieu OF, the said
note, and the fourth, whether the maker oi
the note had informs alton that Danisl had
discounted It, and whether the full face oi
the note was to be paid off by Hamilton 4
1 CumminHs at it's maturity. '',F fse
+ The whole case turned upon the question
whather tho transaction was o. loan o. 9
purchase, and the case was,, brought
by Naylor to avoid the payment Of it after
i DEsl ONAieA OU'oNA~A ~ 10 No As~ - ene A4A5
place given his bond to do, ,rs}g ,..sDb
IL I. D. Hamilton ,testiaed that about the
| drst al, February, 1877, the frm of which
he was q member owed nr, Willism DAME
. balance on two notes which were to b
| paid. The witness went to DR.. Daniels foI
! loan Of money on another notes and h
said he did not like the paper and told hin
to 20 to William Naylor, % he fwss one b
Ithe soundest men ip the neighborhood snt
he would discount that witnsss got th,
i note and going to Daplsl aaked him wha
he would discount It for, and wasstold pei
cent, the lawful amount, 10 per cent. II
excess Of this. Witness objected to thii
tbecause the amount Of discount WAS tot
high. He went, however, q day or two Rf-
tsrWsrd to Daniel and gave the note to him
] The, note was for $467, so, and hs. rscsivet
/ 1856, ,Q8, which, was the sum Of the nots, Will
81 per cent, deductsd,t After this the wit
mesa askad the doctor to keep the nsttel
quiet 60 that It would not reach Mr.. Nay
llor's ears. The understanding was that tht
note WAS To- be paid by the Arm OF Hamilton
y CummiARss III 4. a,ca9 ~: q now tAt
/ George Harris and Charles aH. Doolley
III aaoh of Whom had nOkae I'm the hands q