Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-05-26

his official capacity M president Of the COM
panv and. therefore, wit the company it,clf.
The money borrowed WAS subsequently re-
imbursed, az shown by Mr.. Brigbts receipt,
bnt Mr., Bright refused to hand over the cer-
tifcate because as his counsel contend there
was IN agreement betwcen these different
parties. either AZ corporate body or AZ in
dlvidnals. that whatever stock was bought III
should not become the absolute property ot
any one until they had also contributed the
further sum OF 80 per cent Of the par yalne
of the stock.
The plaintif denies that the stock was
bought subject to any sllch agreement or that
anything OF the kind had been considered
at the meetings held up to the time OF the
transaction.
Now if you believe the plaintiff il entitled
to recover at all in this action, he is undUnbt-
edIy entitled to recover the $3.50 and interest,
and il you believe the testimony of the
plaintiffs witneSS Frazer, he Is also entitled
to recover as damages the worth of the stock
at the time it WAS demanded, viz SI,ODO-
THIS evidence is backed up by the sworn
statement Of the President, Mr.. Bright, as to
the value Of this stock. The case was de-
liyered to the jury al 1850.
Cont adoulued ut O'Clock until O'Clock.
Thursday afternoon Judge Houston took
the verdict in the case of Stewart w. Bril- bit.
the jury returning to the court room at 4,4l
with verdict for = 900 and costs for the
plaintiff.
The jury had agreed Within half an hour
after retiring to their room, but the count
having taken u recess for dinner they could
not deliver their verdict until one OF the
judges returned.
The regular business of the court com
menced again at 3 o'clock.
Charles B. Lore, Esd, filed a motion for
new trial in the case OF Moore VI. Quinby the
| jury having found in favor of the plaintiff
| for Tl05, ON Wednesday last.
Iha af 4 nalo Staf m
Fire Il Marine Insurance Company, was con-
| tinued by agreement of counsel. This Ii an
action by the plaintiff for his salary during
| the last year he was president of the COM
| pany.
Murine vs. the Washington Lodge. No. >,
| ]. o. U. L. 1t at, was the next case ON the
trial list. The associate editor of the GdzeHe
| (Alr. Merris Taylor was drawn as the flre-
man of this jury. Benjam Nields, ESD, WAS
| plaintiffs COUNSEL Charles i. Lore, Esd,
| for defendant.
The case Is an action under the mechanics
| lien law against the new hall i'll New Castle,
for ?271
The lodges claim that the work and labor
was not done on their credit or order, nor
was the material furnished at their request.
| They claim that u sub-contractor, Is. i.
| Perkins, Is the one who owes the money, the
lodges having receipt i'll full from the con.
tractor who built the hall for the whole Price
agreed to be paid for its erection.
very important point. and one that
| touches the existence OF numberless corpora
tlons. was brought up ut this stage of the
! case by MIR. Lore objeeting that there waa no
| legal act Ill existence incorporating these
defendants. His grounds were these The
| charters Incorporating these lodges had not
| been recorded within year after their pas
| sage and hence were void. That although
! there was an enabling act passed subse-
| quently reyiving these charters that had
l trF..1 EaFt
| corded. yet AZ it does not appear from the
act itself that it was passed by two-thirds
| vote. the act was not sufficient 10 revive these
| dead charters. The Court ruled the point
well taken by Mr.. Lore and decided that nm
| less it appeared from the act that it was
| passed by II two-thirds vote it was not siliti-
cient to revive these dead charters, which. on
account of not being recorded within the
| year, were entirely void.
MIR. Nields then produced the Journals of
| the Legislature to show whether or not the
enabling act had passed by II two-thirds vote.
Mr.. Lore took the House journal and read
off with apparent satisfaction that ION
motion of Mr.. Collins the act in question
| passed the House..
''Ihen," SAID the Court, Iii the ayes and
nays are not down it is presumed the vote
was unanimous" This decision struck Mr.
Lore all ABREAST but 1t was the twig that sa we'd
MIR. Nields.
Mr. Lore asked the Court to note an eXcep-
ton to this ruling, and sir. Nields asked them
to note an exception to their former ruling
that it was necessary that it should appear i'll
| the enabling act that it was passed by IL two
thirds vote before it would be sufficient to
| revive an act which it was necessary to lave
passed by two-thrds vote in the irst ill
| stance.
The Court decided that the charters were
good and ordered Mr.. Nields to proceed
Edwin Murine, son of the deceased plain
ttII - salat
as being an Interested party. his father having
left him II by his will. He executed Il
release of this legacy and then testified that
he was present when his father agreed with
b. II. Perkins to furnish the stones for the
| building Tor 81 perch.
Henry l.. liumtord, teller i'll the Brandy
wine bank, was called as IN expert to testify
AS TO Perkins signature.
| Mr.. NleldS handed the Witness several bills
to look at. He said lie was acquainted with
the signature of Perkins and thai the sis na
tllre to these bills was ms.
On crosseXamInatlou AIR. Lore asked him
to look again at No. I, and say whether or
not that was Perkins signature. lie said he
| thought it was not
On reexamination Mr.. Nieds asked the
witness to look at No. z again and say
whether or not lie thought the signature was
not that Of Perkins. After considerable tX-
animation he decided To stick to hls second
assertion that 1t was not Perkins signature
Archie Coates, u funny freshman, captain
of II little river tub. who carried these stuuus
from the quarry to New Castle. was the next
witness. In different way he afforded ,Is
much amusement ar did Durant i'll the Stew
art-Bright case. He was as luqnaciuus as any
son OF the ould sod that ever came out OF the
land whence st. Patrick drove the snakes
As to the size Of the stones, he said some of
them We're one-man stones, some two-mail
stones. any way. they were bigger than he
tul IN. hnn Nxitt f,t
started OH one of his descriptive stretches he
could run right along without apparently
needing breath, and the learned counsel
would have to sit by and wait until he got
through. When asked if lie and his crew
were not intoxicated on the day in question
on which he took the stone to New Castle, he
said he was not. That, notwithstanding he
was drunk on several other occasions when he
carried stones to New Castle he was lie
thought. straight on the day in question.
although his men was considerably 'sloped.
His luuliaclty, broken English and IrishslnE.
kept the Bench, bar. and audience convused
With laughter. His testimony being con-
cluded the court. at Il few minutes before d,
adjourned until Friday morning at 10 o'clock,
The courts opened Friday morning at
10 O'Clock us usual.
The second jury panel came in and
among them the quite noted and much
talked about Moses America, the tirht negro
ever to sit on II jury i'll the county courts OF
Delaware. He comes from BranlyWine hun
dred and is quite genteei looking man. He
is apparently about iS years old. of n dark
coffee color and wears a heavy, we'll shaped
iron gray mustache. Altogether he is a
creditable looking representative of his race.
In the case of richardson vs.. Cochran juds-
ment was conferred for palntiil for 300.
Levi C. Bird, ESQ. counsel for Isaac
Thomas, agreed to give Judgment for Kent 4
Co. for SS9.90, and i'll Kent ~ Cows. Hawkins
Judgment was given for plaintiff for costs.
Nlessrs. Sields and Lore went on with the
case Of Muhine Vs. the New Castle Louges,
which was interrupted by last evening"
adjournment.
Mr.. j. j. Pierce was called ~ an expert tC
testify as to the validity of the signature tc
bill No. Z, which Henry Z. Rumford testified
yesterday was not the signature of Perkins
The witness thought that while ii was differ
eut in form from the other signatures ther,
, was such a resemblance i'll the curves anC
general outlines as would cause him to pro
| nounce them the same.
,, The testimony for the plaintiff closed al
11.3O, when Mr.. Lore moved for nou-sui
, OH the ground that the Mechanics LieI
, statute required proof as TO when the deliN er,
: of the stone commenced, and also bacausl
, they have not proved that the stone wa,
!, delivered to the credit of the defendant, i
being delivered on the wharf at New Castl'
to B. +. Perkins.
There being difference between counse
= as to what the testimony had been and thu
= Court not remembering it, they said it mus
i go to the jury, and hence the motion for
= non suit was denied.
! Mr. Tora nnapa6 his IefaDsa n the