Daily Republican., 1883-05-17
F|F TIL EDITION
C0URT PROCFEDING.
Action % Recover On a pro,,
iao0Py NOte.

Action 20 Recover On a Pro,,
| issovy Nsts.
Court resumed proceedings thi, mo,o
Ing with full bench. Imms,jatai.
after the opening jury was drawn s,,
the cave of William Y. Smallev Wv u.
George and Joseph Pritchard wa, taln, l
upfOr trial. H. X. Pennington. Esn pn s''
the plaintiff, and j. s. Vallandigh,m," m
Esq, for the defendants.
This IL an action to recover nm
prOrnissory note given on the thi,'
teenth Of April, 1880, by William D,rt
inson for $50 In favor OF William y
Smslley, and endorsed by George and
Joseph Pritchard and made payable in
ninety days.
The note was renewed four time, An,
finally allowed to 60 to protest. Suit,
now brought to recover the amour, of
the note, with interest from the tbr
teenth Of April, 1880, and cost, of nrn.
test, from Joseph and George pritcharI
the endOrsers.
Daniel Green sworn, and testified
that ke Is teller ahd notary public of
the Newport National Bank. He iIeu.
tified the note and said 1t went to bro.
test July 10, 1881.
William +. Smalley testified that a,
soon AZ he received notice of the bro.
test from the Farmers Bank Of New
Castle, he wrote to George Pri,cbaI
apprizing him Of the fact, and directed
the letter ID Christiana, his nearest
post-office. He had renewed the orrj,.
al note five times and deposited the hst
one in bank.
Mr.. Pennington said that he woul
rest his case with this witness, and Mr.
Vallandigham opened for the deiens,
He said that he would show that pay.
ment of this note was resisted on tn.
ground OF usury. The origina! note wa,
given in 1879, aud renewed five times
upon the maker paying interest, vary.
ing from Eve dollars to fourteen dollars
for the use Of 1t for three months
William Dickinson testified that he
borrowed the money January l3, 1879
for three months, aud about six week.
after wards Mr.. Smalley asked him for
some interest, and said he thought tho
money ought to be worth go.
The witness gave him $9 and when
the note came due, gave him 81 more to
renew 1t. Each time after that he paid
$5 to have the note renewed. He was
induced TO borrow the money on
Smalley's representations that he could
make money by engaging in the horse
business.
Joseph Pritchard testified that he wa.
one of the original endorsers, and had
also endorsed the subse quent note,
Mr.. Smalley had called on him to in.
quire where Dickinson was, and he gave
him b, which Dickinson had lef. with
him for interest money, 10 have the note
renewed.
William r. Smalley was recalled in
rebuttal, and said that before he loaned
the money to Dickenson he had come,o
him and asked for the loan of $3.50 for
ninety days to engage in buying fresh
cows. He thought he could make
money at the business, and Offered %
give the witness one half of the profit,
He agreed to loan him the money,
provided he would furnish good srcun.
ty and told him that he did not want
any of the profits un,eSs he had more
than he wanted. The witness denied
taking or asking NOR. than six per
cent, but admitted that several times
when the not. b'.came due and was r.
n"wei, hr hat accepted motley from
Dickinson, as he was glad to get any
part Of his money back.
Theodore Ruth was callel by Mr.
Pennington to show thar DiCken,on
had stated to him that the money
which he had paid TO Mr.. Smalley was
his share of the profits made by trading
in cattle.
The witness had also borrowed money
from Mr.. Smalley TO carry on the same
business, and he told Dickenson that
he had never paid him any Of his
profits.
A ter argument by counsel the Conrt
took u recess until O'clock this al.
ternoOn