The daily gazette. [volume] (Wilmington, Del.) 1874-1883, 1879-05-29

Especially Reported for the Gazette.l
ta1' I'd : > e. NEW CASTLE, May 20.
Court opened at 10 o'clock, this morn
ing, Judges Comegys, Wootten and
Houston on the bench.
Chief Justice Comegys proceeded to
deliver the charge to the jury in the case
of George III. Hollis VS.. Isaac w. Van
degrift.
| In relation to the request of plaintiffs
counsel for a charge to the effect that
this action was wrongly brought, mas
much as it should have been brought
against all the makers of the note, in
stead of only one of them, the opinion
stated that proper Interpretation of the
statute applicable to these cases was that
it meant to give the contractee the right
to sue any one ofthe parties to the con-
tract, or, to make the action both joint
and several.
The opinion therefore instructed the
jury that the action was properly brought,
and unless something else appears to in
validate the plaintiffs claim, he is enti-
tied to recover, principal and interest,
fiom the time the interest fell due until
the present time after deducting the pay
| tucilbS CicuIOtu vi tuc Uduho Vi tuc tlOtCSs
After reviewing the evidence of the
case, the Court ruled that the alleged
alteration made by erasing the words ''&
Co.," after the signature ofJohn A. Van
degrift, was not material, as it was proved
that the defendant at the time of signing
the note, expressed objection to that
manner of signature, and the alleged
alteration could not affect him, and was
| -, |,
does not affect his liability to any ex-
tent.
The alleged Interpolation of the words
cor order" in the body of the notes, was,
the opinion stated, mrterial alteration,
which not only rendered the paper nego-
table, but increased to a certain extent
the liability Of the defendant. The
opinion held, after thorough review OF
all the features ofthe case, that the whole
question depended upon whether the al
teration was made by or with the consent
or knowledge. of the defendant, Isaac
w. Vandegrift.
. AT 10 o'clock the charge was conclud-
ed and the Jury retired for consultation
. A Jury was then drawn in the case Of
The0ybilus T. Derringer's Administers
tor Us. Bruna NJ. Derrnger's Admins
traitor. Higgins and Spruance for plain
tiff, aud George B. Rodsey for defend
ant
, This case has been on the list since
the November, 1874 1t is suit for the
recovery of the following instruments
A promisso DRY note dated January 1885,
for S500,60 one of same date for S255; ;
due bill for 1888; promissory note datet
, | March "a, 1854, for $500, with,interest ST,
months after date; promissor,
uotedated April 3, 1854 for $500
with interest at one per cent pc
month, at sight; a creek for 500, date,
10 h, 1854, for 500, and another of Jur
., 22d, for the same amount; check G
May IS, 1865, for 5000; a promi .sory not
on demand, of May IL, 1855, for $500 AN
one of May 81, 1857, for $780, a due, bi
of December -, 1861, for $3.50; and
promissory note of May 1, 1856, for 81
y 1875.
The plea of the defense is non-assuml
q sit, payment, set-off and act of limiti
l. ton.
Mr.. Higgins opened for the plant
> with a statement of the case to the cour
After addressing the Court Mr.. His
II gius proceeded to make the statement {
!, the case to the jury. In opposition t
" the plea of act of limitation set forth b
the defense, he said the plaintiffs woul
l. prove an admission of debt on the part {
theidefendants, as evidenced by the pre-
. bate made by the Fidelity Trust an
y Safe Insurance Company, of Philade
phia, administrators of b. M. Derringe
!. through its Treasurer whereby it is az
a. mitted that the estate is, indebted to
T F. Derringer.
- Mr.. Rodney, for the defence, objecte
to the introduction of this probate, q
IL the grounds that an officer ofthe corpor
a. ton can only make probates for deb
be due to the corporation, which the deb
IN in this case were not.
cs After an earnest discussion of til
: 4 question, the Court ruled the proba
" out.
Mr.. Spruance presented another pr
. bate of the same kind, which was al
ruled.
- Mr.. Higgins then offered, as anoth
-. admission of debt Oh the part of the d
PENDANTS, the sworn statement made
4! the Orphans Court of this County,
~ Estoline Derringer and David G. New
arr administrators OF 7. T. Derringer, of t
Ia. list of imp aid debts due from the est
of B. NJ. Derringer, as admitted by
by probate of the lauer's administrators.
Is Mr.. Rodney also objected to the q
mission of this, and another legal d
cussion ensued. The result was IL