The daily gazette., 1881-05-19
Rrs~n xssserasy's A.~ss maltisn
rrrE sUrERHOR COURT.
Rroecedamgs or This Morning Ses-
mhOm.

RE0@000Am4D OH TmhB MOrmhm8 Seh-
sion.
Court opened at 10 O'Clock, this morn
ing, Chief Justice Comegys and Judge
Wootten and Houston on the bench.
Application was made by WIN. G.
Spruance, Esq., for o continuance Of the
case Of Edward Tatnall us. Henry B.
Courtney, ON the ground OF the absence
ofa material witness. The application
was granted.
A favorable committee report having
been made, Geo. A. Elliott, student al
law with Victor DUPONT, Esq., was ad-
mltted 70 the bar, on motion of Mr. Du-
font.
The 1--WE cases Of Sophia J. Quinn and
Lerry Bros, against the respective gar
nishees OF Quinn & Bonner, were re-
ferred 70 Philip Plunkett, as referee, for
settlement.
Application was made TO the Court by
George II. Bats, ESQ, In behalf Of
Charles Corbit and others Of Christ p.
e. Church, Delaware City, for rulo to
belaid upon Kenzey Johns Stewart and
others, requiring them to appear and
show cause why an information in the
nature Of 70 writ Of quo t0dyrdnto should
not issue against them. The rule was
granted and made returnable on Monday
next. II will then be determined whether
or not the informatio On shall issue against
tho defendants, commanding them 10 va
cate the positions they claim to hold as
trustees Of the church, in favor of the
plaintiffs, who also claim 10 be trustees.
1.-The Information % granted IL will be
ln the name Of the Attorney General,
and will become . quo ,odTrdnto action,
In which the state will appear as the
plaintiff.
At fret the Court were doubtful as 10
their Jurisdiction, because of the case
pending, o. present, In the Court oil
Chancery, but 1t appearing that there
was . legal question involved on account
OF which the Chancellor had withheld
his decision until the common law
Court could pass upon IL, the judges de-
cided that they had Jurisdiction and
granted the rule as asked tor by Mr..
Batea.
The trial ofthe case Of Henry G. Ste
wart 20. VIM. Bright, was then resumed.
The plaintiff produced evidence TO show
that demaud had been made upon VIM.
Bright, in due form for the stock claim
cd by the plaintiff, which demand had
been refused.
Mr.. Lore In opening for the defendant
said the defense would be that when the
the affairs Of the old Delaware State Fire
d Marine Insurance Company, at Della.
ware City, were wound up, 1t was deci-
ded 10 call In all the old stock, which
was then worth Per cent, and issue II
again, on payment OF Ito actual value,
and 80 per cent. Of its par value, In ad-
dition (making $lS.76 per share) to pro-
vide . working capital. Mr.. Ste
wart was party to this arrangement,
and agreed 70 take two hundred shares,
and Mr.. Bright loaned him the money
70 pay the five per cent. Subsequently
he failed TO pay the 90 per cent. though
he promised TO give mortgage on Vir.
ginia tarm for this payment. The stock,
Mr.. Lore said, was stlll In POSSESSION Of
the company, and Mr.. Stewart sould gel
L, even yet, on payment Of the required
hfty per cent.
The defense attempted to prove the
contents OF o letter alleged 70 have
been written by Mr.. Stewart TO tn,
Company, In relation to the payment o
the fifty per cent. The letter was no
produced, and Paul Bright, d. T
Hawkins and VIM. Bright testifieC
that diligent search had been made TO
It, but It could not be foand. The do
fense stood ready to prove the content
Of the letter, but the plaintiffs strenu.
ously objected to the admission of thi
form Of proof, The objection wa
Overvuled by the Court.
1t was then proved by DIR. Tantun
that the letter In question was TO tn
effect that Stewart could not give tn
promised mortgage on the Virgini
farm, ~ his wife refused TO sign it
also that Stewart had admitted to hir